The Supreme Court has dismissed the appeal of Ángeles Muñoz, mayor of Marbella, against elDiario.es regarding the prosecution of her late husband and stepson for drug trafficking. The order for costs against the mayor is final.
The Supreme Court has put an end to the legal battle of Marbella's mayor, Ángeles Muñoz, against elDiario.es. Three judges from the Civil Chamber have dismissed her appeal against the ruling of the Provincial Court of Málaga, which deemed eleven reports published by the digital outlet to be "true." The decision, dated July 1, confirms the newspaper's acquittal and makes the order for costs against the mayor final.
The origin of the litigation dates back to November 2022, when elDiario.es revealed the prosecution of Muñoz's late husband and her stepson in a case before the National Court for drug trafficking and money laundering. The information was part of an investigation into a branch of the Swedish 'Mocromafia' on the Costa del Sol. The outlet continued to publish about the mayor's assets and police reports requesting investigations into possible corruption links.
The Supreme Court supports the public interest of the information
The judges of the High Court believe that Muñoz's appeal does not justify any inconsistency or lack of motivation in the contested ruling. The Provincial Court had already established that the news had "evident public interest" and that the information had been "scrupulously verified" before publication. The Court of First Instance number 8 of Marbella also ruled in favour of the newspaper, highlighting the "public interest" of the contents.
The Supreme Court's ruling emphasizes that the mayor's right to honour "falls in favour of the freedom of information," as it concerns true news, based on reliable sources and without imputing any crime to the claimant. No degrading or derogatory terms were used, according to the judges. For the residents of Marbella, this ruling reinforces the right to receive information about matters affecting public management and their representatives.
Background of an ongoing judicial investigation
The news comes days after the National Court sentenced Muñoz's stepson to nine years in prison for drug trafficking and money laundering. Furthermore, elDiario.es journalist Pedro Águeda, author of the reports, remains under investigation in another case related to the mayor's emails. The Anti-Corruption Prosecutor's investigation into those emails, which had remained secret, revealed signs of corruption in public works contracts.
The mayor, who has spent three decades in politics, has amassed a millionaire fortune according to the outlet's investigations. The Supreme Court's ruling closes the civil route against the newspaper but does not affect other ongoing proceedings. Residents of Marbella will remain attentive to upcoming judicial decisions that may impact the City Council.
A practical note: the ruling is already final, and the mayor will have to bear the costs of the process, the amount of which has not yet been made public. elDiario.es has celebrated the resolution as a support for press freedom in Spain.

