Los Supercopa Files y el Derecho a la libertad de información

Abstract

Last April, the newspaper El Confidencial published some audios between the president of the Spanish Football Federation (José Luis Rubiales) and the media player of the Barcelona Football Club Gerard Piqué. In the audios, both parties negotiated the organization of the Spanish Football Super Cup in Saudi Arabia, revealing the different economic amounts that the parties were going to receive for the development of a Spanish competition, in a foreign country. This publication is based on the premise that the audios have been obtained by El Confidencial in a lawful manner, since today the contrary has not been proven. From this premise, my intention is to analyze the collision between the two fundamental rights that collide in this case: on the one hand, the right to privacy, and, on the other hand, the right to freedom of information. For this, in this work the most recent jurisprudence on the matter will be analyzed, both in its constitutional aspect, and in its civil aspect since the illegitimate interference in the rights of the personality in its spiritual sphere will give rise to compensation for damage moral.