The Consell de l’Audiovisual de Catalunya (CAC) has passed a ruling in which it exonerates the actions of journalist and writer Empar Moliner on ‘Els matins’ programme on TV3 on April 11 this year, when she burnt a copy of the Spanish Constitution before the cameras, judging that her actions were “within the framework of the exercise of the freedom of expression.”

The ruling, based on a legal services report by the the CAC, was passed in a plenary session of the organisation with three votes in favour, three votes against with three individual votes and the casting vote of the president. The votes against came from Carme Figueras, councillor proposed by PSC; Eva Parera, member of the Council proposed by UDC, and Daniel Sirera, proposed by Partit Popular.

The ruling says that, after analysing Empar Moliner’s TV appearance “it is confirmed that in her actions there is an absence of any intention to exclude from public life any particular sector or persons.” According to the CAC, “the speech and situation is within the framework of opinion protected by freedom of expression in a satirical context.”

The three council members that voted against the ruling and that issued an individual vote oppose this consideration and consider that “in the analysis of the section, in no way can Empar Moliner’s intervention be considered satirical, but only as a space in which she informs and gives her opinion on an issue of current affairs.” Figueras, Parera and Sirera think that Moliner provided “information that was incomplete, manipulated and dramatised in presenting the Tribunal Constitucional as a “body that persecutes Catalans” and that “acts under the direction of certain political interests.”

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