Santi Millán speaks out after the leak of his sex video

Max Yurva

It was last Sunday, June 19, when a video was posted on Twitter in which Santi Millán was explicitly seen having sex with a woman. The clip was removed from some of the accounts that shared it for violating the regulations of the social network, but by then the presenter’s name had already become a trend in Spain and many users had had access to it.

Given the seriousness of what happened, the actor had little or nothing else to say that what had been done was a crime and an attack against his privacy and his honor: “I do not plan to make any comments. I do not want to say how to approach things, but the news here is that a crime has been committed. I don’t understand laws or anything else, so I’m not going to comment,” were his only words to the ABC newspaper on the morning of Monday 20.

Prison sentence of between three months and one year for its dissemination

As the presenter of ‘Got Talent’ says, the dissemination of this type of images is typified in Spanish law as a crime that can lead to months to years in prison for the people who have made them public. This is the case, for example, of Organic Law 1/1982, of May 5, referring to the civil protection of the right to honour, to personal and family privacy and to one’s own image, which is included in its seventh article as a crime “the capture, reproduction or publication by photography, film, or any other procedure, of the image of a person in places or moments of their private life or outside of them”. Article 18 of the Spanish Constitution also includes the right “to honour, to personal and family privacy and to one’s own image”.

Some crimes that, since 2015, can carry a prison sentence, as stated in article 197 of the Penal Code. This establishes a prison sentence of between three months and one year or a fine of six to twelve months for anyone who “without the authorization of the affected person, disseminates, reveals or transfers to third parties images or audiovisual recordings of those obtained with their consent in a home or in any other place out of sight of third parties”.

In the case of Santi Millán, the image was not only disseminated by a third party who had access to it, but its dissemination through social networks was also possible because other users did the same from different profiles. This, according to the Penal Code, would also be a crime. “Anyone who, by any means or procedure, violating the security measures established to prevent it, and without being duly authorized, accesses or facilitates another’s access to the whole or part of an information system or remains in it against the will of whoever has the legitimate right to exclude it, will be punished with a prison sentence of six months to two years”, collects section 197bis.

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In the least expected and desired way in the world, Santi Millán became news last Sunday, June 19. An intimate video of him having sex with a woman was leaked on Twitter and quickly spread to become a Trending Topic for most of the day. But not only did he […]