The Audiencia reopens the Hazte oír case against 'Mongolia' for a nativity scene with a poop making the baby Jesus
A judge from Mataró had filed the case, which added three more complaints from far-right entities
BarcelonaThe Barcelona Court has ordered a judge in Mataró to reopen the case of the far-right group Hazte Oír against the magazine Mongolia for having published a satirical illustration of a nativity scene on a 2022 cover. A year ago, the Barcelona Court decided to investigate the three co-editors of the magazine for a crime of offending religious feelings in this case.
The cover in question showed a Christmas nativity scene and in the place where the baby Jesus was supposed to be, the poop emoji appeared. The text accompanying the satirical illustration read: "The Son of God has been born. He is just like his father."
According to Eldiario.es, the ruling from the second section of the Barcelona Court upholds Hazte Oír's appeal against the dismissal of the case ordered by the Mataró judge. At that time, the judge noted that this was the fourth complaint against the same cover, a circumstance she described as a "peculiar situation." In addition to Hazte Oír, associations such as Comunión Tradicionalista Carlista, Manos Limpias, and Abogados Cristianos also filed complaints against the magazine for the same cover. The investigating judge concluded that the satire of the nativity scene had already been judged due to the three previous complaints, all dismissed.
In addition to this argument, the judge also considered that the parody of the nativity scene did not cause "scorn" nor did it have a "deliberate intent" to offend. Finally, she pointed out that the cartoon was protected by the right to freedom of expression.
