The Audiovisual Council of Andalucía warns that sharing images of drunk individuals without consent at the Málaga Fair may violate fundamental rights and incur fines of up to €10,000.
The Málaga Fair, which kicks off on August 15, is once again the stage for the #papagorda phenomenon, a practice that involves filming seemingly drunk individuals and sharing the videos on social media. The Audiovisual Council of Andalucía (CAA) has issued a warning: being in a public space does not nullify rights to honour, privacy, or one's own image.
The centre of Málaga and the Fairgrounds will attract thousands of visitors, and with them, a wave of mobile phones. The problem arises when a recording, which is initially a personal memory, turns into a public exposure without the consent of the filmed person.
The CAA reminds us that Article 18 of the Constitution protects honour, privacy, and one's own image, and that data protection regulations apply when the images allow for the identification of the subject. Therefore, uploading a video to TikTok, Instagram, or X is not justified simply because it was filmed in the street.
A Precedent with Financial Penalty
The Spanish Agency for Data Protection (AEPD) has already acted in a similar case. In 2022, it imposed a €10,000 fine for the mass dissemination of a video filmed without consent featuring a drunk person leaning against a bin, with their dog on the road. The scene took place in a public location, but the images allowed for the identification of the subject and circulated widely on the internet.
This precedent underscores that the location of the recording does not exempt one from responsibilities. Mass dissemination is one of the most significant factors when it comes to imposing penalties.
The hashtag #papagorda became popular in 2019 during the Feria de Sevilla and has since reappeared at other major Andalusian fairs. Posts typically show individuals displaying signs of intoxication, often ridiculed by comments.
The situation is more delicate when the filmed person is in a vulnerable state, as is the case with those who have been drinking. If the intent is to mock, the content can affect the honour and self-image of the individual.
What the Law Says for Attendees
The CAA insists that being in a public space does not imply renouncing privacy. Protection extends to those on the street, in the booths, or among the audience at a concert. A person appearing in the background of a general scene is not in the same situation as someone who is directly focused on and becomes the centre of a post.
For attendees at the Málaga Fair, the recommendation is clear: avoid filming and sharing images of drunk individuals without their consent. The rights of those appearing in the videos are protected, and financial penalties can be substantial.
The Málaga Fair offers a wide range of concerts and free activities, but mobile phone use must be responsible. If someone records a compromising scene, it is best not to publish it and to respect the privacy of others.
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