Make the decision while waiting for Twitter to report the identity of users who share this intimate content

It was one of the most controversial images of the end of last year and which generated controversy due to the violation of privacy and the access of minors to nightlife venues. The night of December 23, 2022, inside the nightclub waka sabadell It was recorded. to a 16-year-old boy performing fellatio on another man. The images spread like wildfire on social networks, especially on Twitter, and were shared by countless users.

In view of the damage caused to the minor and the other young person, the facts were denounced for an alleged crime of revealing secrets and the Investigation Court No. 5 of Sabadell took charge of the investigation. After collect police reports from Mossos d’Esquadra, the court ordered Twitter denounce about 40 accounts of “unknown persons” who shared the video “with explicit sexual content” on this network among the whistleblowers “without their knowledge or consent”.

The data of the two people who published the images for the first time are also being claimed, which contributed to their dissemination on that social network. The court will decide the request to remove the video and any other derivative images. However, in order to avoid compliance with the statute of limitations in the case, given the possibility that Twitter is slow to respond, the judge issued an order, which this medium had access to, in which she provisionally archives the process “as the alleged perpetrators of the facts”.

With the request for this data, the court prioritizes the importance of the right to secrecy of users’ actions, since “its usefulness for the purposes of the investigation is evident, there being no other way to proceed with the investigation of the alleged perpetrators”. once their identity has been determined, it does not imply for those investigated such interference in their fundamental right that justifies their refusal, since this does not aim to access any specific content of the communication, but only to determine the identity of the subjects who, after recording the images, published them on the internet and later retweeted them through the various Twitter profiles analyzed, but without directly intervening in any communication or message that could violate their privacy beyond what was strictly necessary for the purposes of investigating these crimes.

“Otherwise, the ease, convenience and above all the anonymity that the use of these technological means implies would lead to the impunity of the author of the crimes which, in this specific case, justifies its adoption because, as already indicated, the measure is proportional and necessary “, concludes the court. It must also process the complaint of the parents of the minor, who ratified before the judge, an alleged sexual assault at the disco that night. of evidence.

In a police report filed with the court a few weeks ago, the Mossos ruled out possible sexual assault after viewing security cameras at the scene, speaking with witnesses and reviewing the minor’s medical records. Her mother denounced on TV3 that she didn’t remember anything about that night and that her friends didn’t realize anything until the boy, whom the victim didn’t know, stopped everything when he saw that they were being recorded. Therefore, she considered that it could be a case of chemical submission, but the police rejected this possibility.

However, the court continues to investigate to determine whether a crime was committed. The agents focused more on investigating the people who recorded and released the video if they committed the crime of disclosing a secret. Now, it remains to know his identity and for that information is requested from twitter.

controversial nightclub

At the end of January, the Mossos d’Esquadra invaded the Waka nightclub and identified about a thousand customers. The Town Council of Sant Quirze del Vallés has repeatedly denounced that criminal acts were allowed there. For this reason, the management of Sala Waka and the Gremi de Discotecas de Barcelona y Provincia recalled that they have been operating for almost 30 years in the industrial center of Can Torras, “which guarantees that there are no coexistence problems or neighborhood disturbances”.

They recalled that the police action did not detect “any type of irregularity or technical or administrative deficiency. In addition, throughout the device, only 10 administrative records were drawn up regarding clients of the room, out of a total of more than 908 people identified, which is just 1.1% of the public”. They also highlight that “with regard to the sex video broadcast on the networks last December, and in which it had nothing to do with the venue’s performance, the venue provided its maximum collaboration, giving Mossos d’Esquadra recordings from all the cameras, as well as all the information requested, thus collaborating to clarify the facts”.

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