Law 30/2014 From 27 November, Qualified Civil Protection To Rights To Privacy, To The Honour And Self-Image

Original Language Title: Llei 30/2014 del 27 de novembre, qualificada de protecció civil als drets a la intimitat, a l’honor i a la pròpia imatge

Read the untranslated law here: https://www.bopa.ad/bopa/026071/Pagines/lq26071005.aspx

lq26071005 law 30/2014, of 27 November, qualified civil protection to rights to privacy, to honour and to the own image since the General Council in its session of 27 November 2014 has approved the following: law 30/2014, of 27 November, qualified civil protection to rights to privacy, to the honour and self-image preamble in article 12 of the Universal Declaration of human rights establishes that "no one shall be subjected to arbitrary interferences in her private life, family, home or correspondence, nor to attacks on his honour or his reputation. Everyone has the right to the protection of the law against such interferences or attacks ".
Article 17.1 of the International Covenant on Civil and political rights is pronounced in the same way.
And article 8 of the European Convention for the protection of human rights and fundamental freedoms says that "1. Everyone has the right to respect for private and family life, his home and his correspondence. 2.-may not be interference of the public authority in the exercise of this right but in terms of this interference is provided for by law and constitutes a measure which, in a democratic society, are necessary for national security, public safety, the economic well-being of the country, the defense, the order and prevention of crime, the protection of health or morals , or the protection of the rights and freedoms of others ".
Article 14 of the Constitution guarantees the right to privacy, to the honour and self-image, and establishes that everyone has the right to be protected by the laws against illegal interference in their private and family life.
Without prejudice to the criminal-law protection of these rights, and that gives the article 41.1 of the Constitution, this law gives civil protection to the right to privacy, to the honour and self-image.
The nomination of joint shape of these rights could lead to understand that this is a single right with various forms of manifestation. But the ruling of the Constitutional Court of 28 February 2003 (2002-12-RE) has had the opportunity to pronounce themselves against this thesis, proclaiming that it is "three different rights or freelancers" who "may be related, but not necessarily, or in a systematic manner," as well as "logically, have a dimension last shared concerns with the protection of the private sphere of the freedom of the individual in both the individual and family outside interferences in the strictly front interference ".
However, from the point of view of the present law, the right to privacy is what has the individual to decide for himself, with only extraordinary exceptions in the interest of the society, when and on what terms their acts must be revealed to the general public.
The right to the honor is based on the right to the dignity that is required for the free development of the personality in social relationships, and is defined as the right to have everyone to be respected, and not to be escarnida or humiliated, nor in front of it or in front of the other.
Finally, the right to one's image is tied to the emergence in the media and the right to decide who has everyone when, by whom and in what form they can be captured, reproduced and published their recognisable fisonòmics features. This right is limited by the public interest or the interest of the person.
In the field of civil protection, it is presumed the existence of a prejudice if they credited the "illegitimate interference". If the rights to privacy, to the honour and self-image are difficult to define, so are the illegal interference that may occur in these rights. More in a world where the emergence of new technologies, in constant evolution, enables new forms of interference.
For this reason, only a system that establishes an open regulation of possible illegal interference is what can give a real solution to the civil protection of these rights, while it is necessary to define the concept. Thus, the judicial organs will be the ones who will have to determine in each case whether it gives an illegitimate intrusion, in view of the principles and provisions set out in this law.
In this respect, it is considered that it is not an illegitimate interference when there is consent of the person concerned for a specific involvement. But the consent may not be a general renunciation to these rights, because it comes to the rights of the personality, of a highly personal and inalienable. For the same reason, the consent can be revoked if the revocation will take effect for the future, and will have to compensate the damages resulting from the revocation. For obvious reasons, the consent has a specific treatment for minors.
In particular, to determine whether the intrusion is unlawful must take into account the freedoms of expression and of information contained in article 12 of the Constitution. The Constitution is, to the same level as the rights to privacy, to the honour and self-image, the freedoms of expression and of information. It is for this reason that, when some and others collide, it is not so much a matter of prevalence, but to consider in each case between the rights and freedoms. In this way, it is convenient to the regulation of the rules that must be used for TES between those rights and freedoms in the same law, giving it greater coherence and simplicity in the regulatory framework that the option of doing it in different legal bodies.
The freedom of expression entails the right to publicly disseminate by any means and in front of any audience, thoughts, ideas and opinions. Is linked to democratic society and should find its basis and its limits in this.

Freedom of information is also associated with the democratic State, since only a properly informed is able to exercise their rights with fullness of knowledge. The freedom of information fulfils a fundamental function through social media: the formation of public opinion free. Now, the important function carried out by the media carries with it not only the recognition of the rights and guarantees, but also certain obligations consistent in providing quality information, in order to avoid abuse. The truthful information-term that cannot be confused with absolute objective truth-requires the need for diligent research and prior to its dissemination.
The right of reply and rectification expand freedom of information, because they give the person who feels aggrieved by an inaccurate information the ability to replicate it and/or modify it. They are also the rights which protect the right to privacy, to the honour and self-image, so it is appropriate to regulate them in this law with respect to the individuals affected by illegal interference. In parallel to the right of reply and rectification, the present Law regulates the secret and the professional ethics of journalists, understood as the right and also the duty of information professionals that guarantees the confidentiality of their sources.
In relation to the legitimation for the defence of the rights to privacy, to honour and to the own image, as it has been said that the Constitution gives protection against illegal interference that occur not only in private life, but also in the family. In the case of an illegitimate intrusion that refers to a deceased, it is not considered that the person concerned is that, since these rights are linked to the personality that is terminated with the death. In these cases, those affected will be family members, who will have legitimacy to fend off the interference in family life.
The other thing is – and therefore has a different treatment of the previous assumption-that the illegitimate intrusion happens before the death of the person affected. In this case you should provide in relation to the legitimacy of rights are the people who can follow the subsequent to the death of the person concerned. And that seems reasonable is that they are the heirs or persons designated testamentàriament who can defend the rights of the individual which death is back to the illegitimate interference.
Digital technology has facilitated the exercise of freedom of expression and the scope of the freedom of information. Both freedoms are developed in the digital space as not only through the traditional media of radio and television media of newspapers, which have expanded their professional activity, by electronic means, but also, through the dissemination of information by any physical person or legal entity the activities of which consist simply in the provision, publication and provision of information , expressions and contents. This finding implies that it is necessary to consider that the communication market presents different characteristics today and adopts a much broader frame, decentralized and pluralistic. To this end, this law defines its scope of application by defining two concepts. On the one hand, the media operators that are defined as persons, natural or legal, the main activity of which aims to publish and communicate to the general public, professionally, expressions or information with periodic character, regardless of the media used for publication and communication of information. On the other hand, the information content providers or their opinion, the main activity or accessory which is to be published, professionally or not, information, expressions or content, by electronic means and in digital format. In this way, it caters to the new media scene adequately and the provision of information in the digital environment.
At the same time, the scope of the broadcast, the persistence of information and ease of publication in the digital environment imply that the effects on the right to honour, privacy and personal image acquire greater impact, the damage is massive and the possibilities of control on the part of the person affected will reduce. For this reason, without disavowing the essentiality of the freedom of expression and information in a democratic society, the complete civil protection of the rights to honour, privacy and self-image, requires pay special attention to the illegal taking place by any means and in any medium.
To this end, the third chapter of this law establishes a clear, predictable and balanced rules to determine the authorship and attributed responsibility for illegal interference in the right to honour, privacy and self-image.

The liability regime is based on the concepts of editorial control and authorship that make it possible to distinguish between three figures: authors, charity officials and operators of means of communication and information content providers or their opinion that act as intermediary service providers. The editorial control is defined as the provision of mechanisms, rules or protocols that allow you to review or select, either by automated procedures or in any other way, the expressions or information, regardless of who is its author, meant to be published or disseminated in any format or the publication or broadcast will be provided for those who carried out this control. Therefore, are responsible for support services are published the information causing the illegitimate intrusion, either because it is a content itself (the operator is the author) or because despite being outside (the author is someone else) applies a editorial control that lets you select and review the information posted. The responsibility was born out of editorial control (article 27), either by its proper operation or by its incorrect operation. On the basis of this rule, it is assumed that exert editorial control media operators and content providers. Be on these operators the burden to prove that they could not perform editorial control or that the expression or information causing the illegitimate intrusion of a third party, outside the control of the means of communication, it will not be subject to this editorial control. But such test will be admissible only when the default action of editorial control can be considered diligent and consistent with generally accepted practices in the sector, in attention to the concurrent circumstances. In this case, the operators will not be responsible for caring for the illegitimate intrusion caused provided that would act diligently to remove or otherwise prevent access to the expression or information that constitutes such illegitimate interference as soon as they have knowledge of the same.
To maintain full coherence with Community law and the majority of the jurisdictions and also be consistent with the regulation in terms of activities carried out in the digital space and electronic contracting, regulates separately the responsibility of media operators and content providers of information or of opinion that act as intermediary service providers, which in this case hold to a diet of exclusion of liability based , on the one hand, in the absence of knowledge and control and, on the other hand, in the regulation of a notification procedure, removal and replacement (articles 31 to 36) when there is knowledge of the unlawful nature. To the extent that an operator, or media content provisioning information or opinion, pay a brokerage service, you must apply, in relation to this activity, the special scheme for these lenders.
The notification procedure, removal and replacement allows you to establish clear rules about the cast and the attribution of responsibilities between the media operators, the recipient affected and notifying of an illegitimate intrusion into any of their rights. Therefore, its establishment gives a more predictable and secure performance to operators to reduce the risks and the responsibilities to which they are exposed so inevitably by reason of their function.
Finally, to articulate properly the relationship between the authors and those responsible for solidarity that assume responsibility for the illegitimate intrusion, it is envisaged in article 30 a right to repetition of the past against the authors, in default of agreement.
Bearing in mind all these considerations, the law contains three chapters. The first chapter is of General provisions and definition of illegal interference in the right to privacy, to the honour and self-image. In the second chapter regulate the rights of reply and rectification, and legal actions. In the third chapter will determine the responsibilities for the illegal interference. The law is complemented by a final provision that fixes the start of the validity of this law.
Chapter first. General provisions and illegitimate interference section one. General provisions Article 1 object of the law the rights to privacy, to honour and to the own image will protect against any illegitimate intrusion before the competent jurisdiction, in accordance with that established in the present law and, in general, with the rules that will be applied.
In any case, the amount of compensation to which give rise civil exercitades in procedures that have as a purpose the protection of the rights to privacy, to the honour and self-image must be valued in accordance with this law and, in general, with the rules that will be applied.
Article 2 Invalidity of the waiver of the protection of the rights to privacy, to the honour and self-image are inalienable and irrevocable. The waiver of the protection against unlawful interference in this Law shall be null.
Article 3 Definitions for the purposes of this law, the basic concepts are defined below: a) affected person. It is the individual who has undergone an illegitimate interference in their right to privacy, to the honor or to one's own image.
b) editorial Control. Is the provision of mechanisms, rules or protocols that allow you to review or select, either by automated procedures or in any other way, the expressions or information, regardless of who is its author, meant to be published or disseminated in any format, or the publication or distribution of which will be provided by who performs the control in question.
c) operator of means of communication. Is the person, or company, the main activity of which aims to publish and communicate to the general public, professionally, expressions or information with periodic character, whether through television, radio broadcasting, printed press, digital press or news agencies, regardless of the media used for publication and communication of information.

d) operator of means of communication or information content provider, or their opinion that acts as an intermediary service provider. Is the operator of means of communication or information content provider that develops the activity or part of the activity in a digital space, which consists of providing visibility or provide access to the information, the content, or the expressions of others.
To such effects, it is understood that the activity takes place in a digital space when the provision of information or other content in both news and opinion develops, in whole or in part, in digital media and electronic media, in such a way that the recipient requests, search for or access to the information or content in the digital space.
Are not considered activities carried out in a digital space:-the services provided via voice telephony, fax, or telex. However, the use of mobile telephone devices for access to information or content or sending or receiving communications via such devices in the framework of the provision of an activity in a digital space, does not imply the exclusion of the provisions of this law.
-Television broadcasting services. However, the use of apparatus television receivers for access to information or content, or sending or receiving communications via such devices within the framework of the provision of an activity in a digital space, does not imply the exclusion of the provisions of this law.
-The sound broadcasting services.
-The tv and teletext are equivalent services.
information content provider or e) opinion. Is the person, or company, the main or accessory which is published, professionally or not, information, or content, expressions themselves or others but subject to previous editorial control, in a digital space, as defined in the letter above.
f) Recipient of an activity developed in a digital space. Is the natural or legal person who accesses the digital space of an operator to access, purchase, hire or use of information, content, goods or services, regardless of whether or not for business or professional purposes. In some cases the recipient may be another operator.
Second section. Illegitimate intrusion and legitimate access Article 4 definition of illegitimate intrusion and legitimate access 1. Constitute an illegitimate intrusion on the rights to privacy, to the honour and self-image any act that injures the content of these rights.
2. The access in the privacy, honour or image of a person is legitimate when it is justified at least in one of the following cases: a) the consent of that person.
b) the authorisation conferred by a law, as long as they pursue a legitimate purpose and meets the requirements of suitability, necessity and proportionality.
c) A public or private interest that is not arbitrary or abusive way, and to justify the limitation on the right to privacy, to the honour and self-image, and, in particular, if it is derived from the freedoms of expression and of information on the terms set out in articles 6, 7 and 9.
d) Actions authorized by law, subject to judicial control and provided that they are necessary and will be carried out with proportionality to the end pursued.
3. The legitimate access or the illegitimate intrusion on the rights to privacy, to the honor or to one's own image is bounded by social uses and by acts of each individual in relation to the book that is given to herself and her family.
Article 5 Consent 1. The consent for the legitimate access in the privacy, honour or image can be issued in writing or verbally in any medium, as long as they can prove the identity of the sender of the form enough, and even can manifest itself by unmistakable signs or tacitly. In any case, the consent cannot be given generic form.
2. In the cases provided for in article 9, it is not necessary the consent.
3. In the case of a minor, you can only pay the consent for the legitimate access in privacy or in one's own image, and it should pay for itself if you have more than 16 years, and if you don't have them, they have to pay their legal representatives. In any case, it will be null and void the consent for the legitimate access to the right to privacy or the image of a minor if the use of his name or image produce a detriment to his reputation, or if it is contrary to their interests. When an operator or a media content provider have acted diligently in the application of the consent with respect to a person who is a minor, or guest or third parties authorized by guest or intermediary service providers shall be liable in the event that, later, is declared null and void the consent. The consent for the legitimate access to the right to the honour of the person minor will be null in all cases.
4. The consent for the legitimate access can be revoked in the face of the same person to whom it was given, but the revocation only have effects in the future.
5. Revocation of consent in the legitimate access involves the compensation of damages, in the event that these occur.
Article 6 protected rights Weighting within the framework of the freedom of expression 1. The judicial organ must weigh conflicting interests and motivadament the circumstances of each case in order to assess whether, on the occasion of the exercise of the freedom of expression, there has been a legitimate intrusion or not on the rights to privacy, to the honour and self-image.
The interference in the exercise of the freedom of speech is considered legitimate if you find justification in the framework of a democratic society and law.
2. The weighting will be carried out in a particularly restrictive, in favor of the rights to privacy, to the honour and self-image, in the event that the person concerned is a minor.
Article 7 protected rights Weighting within the framework of the freedom of information 1. The judicial organ must weigh conflicting interests and motivadament the circumstances of each case in order to assess whether, on the occasion of the exercise of the freedom of information, there has been a legitimate intrusion or not on the rights to privacy, to the honour and self-image. The weighting is carried out according to under all of the following requirements:

in) the veracity of the information. For the purposes of assessing the veracity of the information, will take into account the due diligence carried out by the author or responsible in the investigation of the facts published and the publication of the information, without prejudice to the provisions of article 8 in conjunction with professional secrecy.
b) the public interest in the information.
c) proportionality of the interference in the right to privacy, to the honour and self-image.
2. The weighting will be carried out in a particularly restrictive, in favor of the rights to privacy, to the honour and self-image, in the event that the person concerned is a minor.
Article 8 confidentiality 1. Professional secrecy is a right and a duty of information professionals, which guarantees the confidentiality of their sources. In this way, the professional of the information guarantees the right of their sources to remain anonymous if they so request.
2. Notwithstanding the provisions in the preceding paragraph, the information professional can give exceptionally in its obligation when the failure to reveal the source is the only way to avoid serious harm to people.
3. In the event that an informative content ends up being the subject of a judicial action, the fact that the professional of the information decides not to reveal your source does not mean that automatically assume responsibility for that content, but it is the judicial organ who will have to assess the circumstances, find themselves.
Article 9 on the right to legitimate Access the image beyond legitimate access is considered to be in the right in the image of others, without prejudice to that provided for in article 5: a) The collection and publication of images of people with public office, to exercise public functions or have relevance or public notoriety, in acts and in public spaces.
b) The collection and publication of pictures of people in public spaces, so accessory to a graphic information of public interest.
c) The collection and publication of images of an event or public event when the image of a certain person to appear within the frame of the information required.
In the event that there are no such requirements, and without prejudice to that provided for in article 5, the access to the image is considered an illegitimate intrusion.
Second chapter. Rights of reply and rectification, and judicial actions Section first. Legitimacy to the exercise of shares Article 10 Legitimation for the exercise of actions 1. It has legitimacy to the exercise of the actions subject to this chapter, any person affected by an illegitimate intrusion, or his legal representative.
Is considered to be a person with the illegitimate intrusion: a) the person injured directly by the illegitimate interference.
b) relatives up to third grade, the spouse or a member of the stable Union of a couple, and the heirs of the deceased in the referred to the illegitimate interference, when the illegitimate intrusion occurs subsequent to the death of the person injured directly by the interference in question.
2. If the originator had named in his will such a person or persons, physical or legal entities, other than those provided for in paragraph b) above, will be designated the persons authorised for the exercise of the actions against an illegitimate intrusion.
Article 11 financial year and subrogation of the action to the death the exercise and the subrogation of the actions of civil protection of the privacy, honour or image, in case of death of the affected by the illegitimate interference, when this occurs before his death, corresponds to their heirs or designated person testamentàriament.
Article 12 plurality of persons 1. In case of plurality of persons to exercise the actions in case of illegitimate intrusion or continue with the already entaulades by the person affected, both in accordance with article 10 and in the case provided for in article 11, any of them may exercise or continue with actions.
2. The same rule shall apply in the case of designation in the testament of various individuals or legal entities, unless a contrary provision of the deceased.
Second section. Rights of reply and rectification Article 13 definition of rights of reply and rectification 1. The right of reply and rectification in case of information or expressions published by an operator or any other media content provider when the affected the considered inaccurate or constitutive of an illegitimate intrusion.
2. The right of replica consists in the possibility that the affected person to respond with their own exhibition of facts, for equivalent and proportional to that with which he has been referred to, and for free on the same support and conditions equivalent to those that would have produced the allusion. The replica will be published by the operator of the means of communication or content provider who had posted the information or expression in respect of which exercised the right of reply.
3. The right of rectification is in the possibility that the affected person speak to the operator of the means of communication or content provider who has published the information or expression used to grind the required, because published a rectification for equivalent and proportional to that with which he has been referred to, and free of charge, in the same support and in conditions equivalent to those in which occurred the allusion.
4. It is considered tacit rejection if within a period of forty-eight hours since it has requested the mirror or the rectification has not been posted this under the conditions laid down in articles 13.2 and 13.3, without prejudice to the responsibility of the operator of the means of communication or content provider in the diligent removal or impediment to access to the expression or information that constitutes an illegitimate intrusion According to the provisions of articles 28 and 29.
In the case of periodical publications that do not allow them to comply with this term, it is considered the tacit rejection of the rectification or reply if this has not been published in the next edition, from which it has received the lawsuit.
5. In the case of media operators and content providers that you will enjoy a specific regulation, apply the terms established in the legislation that is their own.
Article 14 Exercise of court and incompatibility between the rights of reply and rectification

1. Without prejudice to the legal action provided for in article 20 and of the precautionary measures provided for in article 22, the right of reply and rectification is exercised outside of judgment in the terms in which we have in this section.
2. The person concerned has to choose between the right of reply or rectification, without it being possible to exercise them both. In the case of exercising both rights, is considered to be just the one that has been exercised in the first place; and in the event that the exercise of both is amazing, it is considered only exercised the right of reply.
3. The exercise of the right of reply and rectification is independent of the legal action that the affected person can start or the precautionary measures laid down in article 22.
Article 15 and the deadline for the exercise of the right of reply 1. The right of reply is exercised in writing, in any medium provided that they can prove the identity of the person who exercises the right of reply, addressed to the operator of the means of communication or content provider who has published the information or expression that you want to replicate, within a maximum period of fifteen days from the date on which it has been produced the allusion.
2. The operator or content provider media publishes the replica within a period of forty-eight hours since it has received the request or, in the case of periodical publications that do not allow them to comply with this term, in the next edition. In case of breach of these terms, it is understood that there is a tacit rejection in accordance with that stipulated in article 13.4.
Article 16 Refusal to the mirror and notification to the affected 1. The replica can be rejected with just cause if it is manifestly inaccurate or contrary to law, or if the allusion has been produced in a public debate in which the affected party participated.
2. The person to whom it has been addressed the request of replica must notify without delay the refusal for just cause or time of his publication in the affected person.
3. It is considered tacit rejection if the replica has not been made public within the period established in article 13.4.
4. in case of refusal, express or tacit, the person who has tried the replica, the extra-judicially can ask the judicial body in accordance with that envisaged in the third section of this chapter.
Article 17 form and deadline for the exercise of the right of rectification 1. The right of rectification is exercised in writing, in any medium provided that they can prove the identity of the person who exercises the right of rectification, addressed to the operator of the means of communication or content provider who has published the information or the expression of which is requested, within a maximum period of fifteen days from the date on which it has been produced the allusion.
2. The operator or content provider media publishes the rectification within a period of forty-eight hours since it has received the request or, in the case of periodical publications that do not allow them to comply with this term, in the next edition. In case of breach of these terms, it is understood that there is a tacit rejection in accordance with that stipulated in article 13.4.
Article 18 Denial to the right of rectification and notification to the affected 1. The rectification can be rejected with just cause if it is manifestly inaccurate or contrary to law, or if the allusion has been produced in a public debate in which the affected party participated.
2. The natural or legal person who has been addressed the request for rectification must notify without delay the refusal for just cause or time of his publication in the affected person.
3. It is considered tacit rejection if the amendment has not been made public within the period established in article 13.4.
4. in case of refusal, express or tacit, the person who has tried the extra-judicially, can ask the judicial body in accordance with that envisaged in the third section of this chapter.
Article 19 Publication of information as others or with indication of the source 1. The fact that the information or expression is published specifically as a stranger, either indicating its author or stating the person who has acted as a source, does not affect the exercise by a person of the rights of reply and rectification in front of the operator of the means of communication or content provider who has published the information or expression in question.
2. The operator of the means of communication or content provider will have to comply with the requests of replica or rectification in the conditions set forth in this section, without prejudice to actions that may correspond to them in front of the author of the information or the person quoted as a source.
3. Provisions in this article shall apply without prejudice to the envisaged in the third chapter of this law in relation to the determination of liability and standards of presumption of editorial control.
The third section. Legal actions Article 20 contents of the civil action the actor of an action of civil protection of the rights to privacy, to the honour and self-image can ask the civil jurisdiction: a) order to your responsible for illegitimate intromission cease today.
b) declare illegal an illegitimate intrusion that has been produced or harmful effects continues and that order to your responsible for fears.
c) order the responsible for the publication of a correction or a replica in the conditions laid down in article 13.
d) That the sentence to communicate to another person other than the person in charge of the illegitimate interference.
e) That order to which the judgment is published on its shores and/or by the operator of the means of communication or content provider who published the information or expression.
f) claiming compensation for damages by the head.
g) That condemns the person in charge to the court costs.
Article 21 Procedure the civil action for the protection of the rights to privacy, to honour and to the own image to apply the criminal summary procedure.
Article 22 precautionary measures the mandate set out in the letter a) of article 20 can be ordered by the actor as a provisional measure, if the damage that can be caused is expected hardly repairable.
Article 23 procedure of provisional measures 1. The provisional measure can be ordered before the start of the trial or during processing.

2. If the provisional measure agreed before being presented the demand, ceases to have effect if, within a period of 30 calendar days on the basis of what has been agreed will not get the main claim. This period may be extended by the judicial organ to a new deadline of 30 days, at the request of the interested party, so motivated and if there is just cause.
3. The provisional measure can be decided by the competent judicial organ, without listening to the natural or legal person in front of you will remember, if the provisional measure must be taken urgently to prevent or cease the illegitimate interference. In this case, the competent body will be notified with the highest speed the Court ruling that agreed the injunction to the person in front of the counterpart.
4. The agreement of the provisional measure by the judicial organ should be motivated and, in the case of a collision with the freedoms of expression and information, motivating the weighting in accordance with the principles of this law and of the Constitution, and in accordance with the rules of civil litigation.
5. The competent judicial body decides on damages that you have to compensate for the person who has urged the provisional measure, if this reckless and unfounded has been disclosed, either in the resolution which cancels the provisional measure, either in the judgment, and always under the principle of Justice rogada.
6. In any case, are procedural rules governing application of provisional measures in civil proceedings.
Article 24 assessment of damage 1. The existence of prejudice is presumed if it proves the illegitimate interference.
2. The amount of the compensation is assessed in accordance with: a) The circumstances of the case.
b) The minority of age or not affected.
c) the severity of the illegitimate interference.
d) spreading the illegitimate intrusion have acquired by reason of the support and of the means of communication through which it has been produced.
e) the benefit that has been causing the illegitimate interference as a result of the same.
f) If you have given rise to the replica or the rectification requested extrajudicialment, its scope, or if you have been rejected, the reasons that have been displayed to be rejected.
g) all those other factors that the Court appreciate motivadament in law and equity.
Article 25 the exercise Prescription of actions of civil protection of the rights to privacy, to the honour and self-image prescribed in the head a year from which the illegitimate intrusion has been committed or that reasonably could be met.
Third chapter. First Section responsibilities. Authors and other responsible for Article 26 Authors are responsible as authors of an illegitimate intrusion on the rights to privacy, to the honor or image of the people who carried out the action, expression or activity that causes the illegitimate intrusion on the rights to privacy, to the honor or to one's own image.
Article 27 liability for editorial control in the case of editorial control, if the expression or information published, in any medium, is an illegitimate intrusion on the rights to privacy, to the honor or to one's own image, will be responsible for support services along with the author or authors of such expression or information the operators that allow the publication of the expression or information despite the editorial control.
Article 28 television media, press and radio 1. It is presumed, unless they prove otherwise and without prejudice to that provided for in paragraph 3, that the media of television, radio and newspapers, in any medium, made editorial control of the expressions and information, regardless of who is its author, published and the publication of which facilitate.
The editorial control does not prevent that information professionals can refuse, motivadament, to participate in the elaboration of information contrary to the ethical principles of communication, without which this may imply sanction or prejudice.
2. Be in the operators of the media referred to in the previous paragraph the test who can not perform editorial control or that the expression or information causing the illegitimate intrusion of a third party, outside the control of the means of communication, was not subject to editorial control or was not able to hold the same to the circumstances in which the performance took place or expression. Such evidence will be admissible only when the default action of editorial control can be considered diligent and consistent with generally accepted practices in the sector, in attention to the concurrent circumstances, including the content of the information or expression, their origin or the medium used for its publication.
In this case, the operators of the media in question will not be responsible for caring for the illegitimate interference caused, provided they act diligently to remove or somehow prevented from access to the expression or information that constitutes the illegitimate intrusion as soon as they have knowledge of the same.
3. To the extent in which the media operators act as intermediary service providers, they will apply the liability regime provided for in the second section of the third chapter of this law in relation to the service in question.
4. In the case of the forums for debate, it is understood that media operators always act as intermediary service providers, with the specificities of the sector, and applies therefore to the liability regime provided for in the second section of the third chapter.
Article 29 information content providers or opinion 1. Will apply to information content providers or their opinion that provided for in article 28.
2. To the extent that the information content providers or of opinion act as intermediary service providers, they will apply the liability regime provided for in the second section of chapter third in connection with the service in question.
Article 30 Law of repetition

Apart from agreements that may exist between the parties, the responsible for solidarity in accordance with articles 28 and 29 will be in front of the author or the authors of an illegitimate intrusion a repetition by the amounts paid in compensation and other costs arising from the judicial or extrajudicial actions, satisfied in order because in accordance with the present law or other rules that may be applicable.
Second section. Responsibility of the operators of means of communication and information content providers or their opinion that act as intermediary service providers Article 31 liability for operators of means of communication and information content providers or their opinion that act as intermediary service providers 1. Articles 27 to 29 shall not be of application to media operators and information content providers or their opinion when they act as intermediary service providers.
2. The liability of the operators that act as intermediary service providers, in relation to illegal interference committed by recipients who are considered to be the authors and those responsible for caring for an illegitimate intrusion on the rights to privacy, to the honor or image in accordance with articles 26 to 29, will be governed by that stipulated in the following provisions.
Article 32-existence of a general obligation to monitor the media operators and content providers of information or of opinion that act as intermediary service providers do not have the general obligation to monitor the information or the contents of the provision, use or access of which facilitate. I also have the obligation to perform Active searches of facts or circumstances that reveal information or expressions of recipients that constitute an illegitimate intrusion on the rights to privacy, to the honor or to one's own image.
Article 33 liability of intermediaries media operators and content providers of information or of opinion that act as intermediary service providers are not responsible for the illegal interference in the right to privacy, to the honor or to self-image that cause the information or the content to which facilitate use or access to the extent that it does not have control over the same, nor have knowledge of its unlawful nature, in accordance with article 34.
Article 34 effective knowledge of the unlawful nature for the purposes of that article 33, it is understood that media operators and content providers of information or of opinion that act as intermediary service providers have knowledge of an illegal illegitimate intrusion, understood as a on the rights to privacy, to the honor or image in any of the following cases: a) When a competent body has declared illegal the information or the content in question, has ordered the withdrawal or has disabled access to this information or contents, or when the competent body has declared the existence of an injury from such information or contents and media operator or supplier of informational content or opinion that acts as an intermediary service provider to calculate the corresponding resolution of the competent body.
b) When the operator or content provider media news or opinion that acts as an intermediary service provider becomes aware of illegal by reason of a notification procedure, removal and replacement of the information and content. It is understood that the operator or content provider media news or opinion that acts as an intermediary service provider is aware of the possible illegal if, by virtue of such a procedure:-identifies the owner of the rights infringed.
-Properly identify both the rights infringement which are alleged as the alleged infringement committed.
-Identify sufficiently the information or the content infringing and its location.
-Will provide the data that make it possible to identify all the possible, the owner of the information, the content or the activity infractores.
c) When, by virtue of a prior agreement with the recipient, the operator or content provider media news or opinion that acts as an intermediary service provider monitors the lawfulness of the information, the contents or the activity of other recipients that use the service, in accordance with the instructions and parameters provided by the recipient, the owner of the rights infringed. In these cases, the responsibility of the provider of brokerage services in the face of the recipient, the owner of the rights is governed by that sets out the agreement.
Article 35 obligation to Act 1. Without prejudice to the fulfilment of the measures that order a competent body, in any of the cases provided for in article 34, when the media operators and content providers of information or of opinion that act as intermediary service providers have effective knowledge of the illegal, must act with diligence to notify the affected recipient received communication apply measures of withdrawal and, if necessary, proceed to the replacement.
For this purpose, operators of means of communication and information content providers or their opinion that act as intermediary service providers must inform the recipients of the notification procedures, withdrawal and replacement that they have available, and the conditions in which they operate.
2. The operator or content provider media news or opinion that acts as an intermediary service provider is only liable for damages that affected the notifying and the recipient could cause if you have acted negligently in relation to the notification, the withdrawal or replacement to the referenced in the previous section.
Article 36 Notification Procedure of withdrawal and replacement for the purposes of the provisions of article 35, it is understood that the operator or content provider media news or opinion that acts as an intermediary service provider proceed diligently if you put at the disposal of the recipient notification procedures, withdrawal and replacement in the following conditions :

in notification procedures), replacement and withdrawal are free and are available on a permanent basis.
The notifier to provide false or inaccurate information, being a connoisseur of its falsehood or inaccuracy in any of the listed procedures, is responsible for any damage caused to the operator or content provider media news or opinion that acts as an intermediary service provider, when this has proceeded to rely on the information provided, and also the damages caused to any other third party affected.
b) notification procedure allows the operator or content provider media news or opinion that acts as an intermediary service provider to obtain, so reasonable, the information provided for in article 34. However, you cannot require specific information that make virtually impossible, in reasonable conditions, the complaint by the notifier.
c) the operator or content provider media news or opinion that acts as an intermediary service provider must confirm to the notifier receipt of your notification and should proceed to send it quickly to the recipient in question.
If the information provided by the notifier, the operator or content provider media news or opinion that acts as an intermediary service provider could not continue with the procedure, locate the information, contents or related activity, or your provider, or identify the nature of the alleged violation, must require the notifying the information you need so that you send in a reasonable time. If the operator or content provider media news or opinion that acts as an intermediary services provider did not received the required information within a reasonable period, or with the information provided was not sufficient to continue with the procedure, this will not be required to answer the complaint or to continue with the procedure.
d) if the operator or content provider media news or opinion that acts as an intermediary services provider estimates, in accordance with the notification received and the information it contains and that may have been provided by the notifying, that the alleged infringement is obvious, you can opt to remove the information or the content or prevent access to them or to the activity in question as long as you have previously submitted notification to the recipient in question.
The operator or content provider media news or opinion that acts as an intermediary service provider is not liable to the recipient affected by the measures of removal or suspension of access if you have acted reasonably given the information we had available at the time of the decision, and provided that you have communicated promptly to the recipient affected the notification received and as scheduled.
The operator or content provider media news or opinion that acts as an intermediary service provider can also remove the information or the content or prevent access to them or to the activity in question if you do not have contact details of the recipient affected that allow effective electronic communication delivery.
e) the recipient affected by the notification can respond to the notification received, within a reasonable time, opposing the complaint.
If the operator or content provider media news or opinion that acts as an intermediary services provider estimates that the allegations of the affected recipient are reasonable, you can choose to replace the information or the contents removed, to facilitate their access or the access to the activity in question or, in the case of not having proceeded with prior to his retirement keep the access under the same conditions. In any case, the supplier has to inform promptly the notifying of the decision taken.
The operator or content provider media news or opinion that acts as an intermediary service provider is not obliged to proceed with the removal or replacement, to carry out an investigation of the facts notified, nor a search for additional information beyond the information provided by the notifying party and the recipient affected by the notification in accordance with the procedure of notification of withdrawal and replacement in the conditions laid down in this article.
Final provision this law comes into force the day after its publication in the official bulletin of the Principality of Andorra.
Casa de la Vall, 27 November 2014 Vicenç Mateu Zamora Syndic General Us the co-princes the sancionem and promulguem and let's get the publication in the official bulletin of the Principality of Andorra.
François Hollande Joan Enric Vives Sicília and President of the French Republic and the Bishop of Urgell Co-prince of Andorra Co-prince of Andorra