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Thursday, Apr 03, 2025

Spanish Judge Dismisses Case Against Advisor for Breach of Secrecy in Journalist Harassment Incident

Miguel Ángel Rodríguez’s dissemination of personal information about EL PAÍS journalists deemed not a breach of secrets by the Madrid court.
The Judge of Instruction Number 25 in Madrid has dismissed preliminary proceedings against Miguel Ángel Rodríguez, Chief of Staff to the President of the Community of Madrid, regarding allegations of leaking personal information about two journalists from EL PAÍS. This incident arose when Rodríguez shared a name, photo, and a false claim about the journalists, who were investigating unauthorized construction at the residence of Isabel Díaz Ayuso.

The information was disseminated to a chat including 18 journalists after a plainclothes police officer identified the two reporters during a street stop.

In her ruling, Magistrate Raquel Robles did not address the inaccuracies or tone of Rodríguez's communication.

Instead, she determined that no offense related to the breach of secrecy had occurred since the shared information was not classified or restricted.

Rodríguez did not access any private files or information systems involved in the release.

The case was condemned as an attempt to intimidate the press by both national and international journalist associations, and the prosecution had previously supported the investigation, requesting testimony from one of the EL PAÍS informants.

Robles examined whether the actions fell under Articles 197 and 417 of the Spanish Penal Code.

The former addresses the revelation of secrets by any individual, and the latter addresses the same conduct by public authorities or officials.

The judge concluded that the facts did not meet the criteria for these offenses.

She stated, "The message sent on March 19, 2024, by Miguel Ángel to the journalists' chat, aside from inaccuracies, tone, or expressions used, does not contain any reserved or personal data regarding the two affected journalists, nor is there evidence that their identities or images were obtained through illicit methods as required by the aforementioned articles."

The ruling followed a complaint filed by Ediciones El País SL and a report from the Spanish Socialist Workers' Party (PSOE), which acted as a private prosecutor, allowing third parties to uphold the legality in court.

A reform appeal can be submitted within three days of notification, with a five-day window for an appeal.

The incident traces back to the evening of Tuesday, March 19, 2024, when the two reporters sought to verify allegations of unauthorized construction at the property where Ayuso resides with businessman Alberto González Amador.

The journalists spoke with multiple witnesses between 7:00 PM and 7:45 PM, and as they prepared to leave, they were approached by a plainclothes police officer requesting identification.

One hour later, the Chief of Staff sent a message to several journalists that included the names and photo of the EL PAÍS informants, accompanied by statements alleging that they had been harassing the president’s neighbors, including minors, calling it a habitual form of intimidation typical of dictatorships.

He mentioned that these claims had been reported to the National Police, while criticizing the government representative for failing to provide constant surveillance at the president's residence, deeming it an anomaly.

Additionally, Rodríguez claimed that masked employees from another news outlet attempted to gain access to the president's home, a charge that was subsequently denied by that publication.

This intimidation attempt occurred shortly after reports emerged that Rodríguez had threatened a journalist from the same outlet with dire consequences: "We are going to crush you.

You will have to close down.

Idiots.

To hell with you," was reportedly conveyed in a WhatsApp message.

Rodríguez continued to perpetuate his claims about the EL PAÍS journalists over several weeks, including comments on social media where he stated, "the harassers of minors are lying," and commented having a "personal issue" with them.

He reiterated his accusations in an interview with another newspaper.

His actions have drawn widespread condemnation from numerous journalist organizations, including prominent entities such as the Reuters Institute and the Committee to Protect Journalists.

Furthermore, the Platform for the Protection of Journalists associated with the Council of Europe, of which Spain is a member, issued an alert regarding the threats and publication of personal data.
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