“"These were statements made in a section of the radio program 'Bon dia de merda' (Good Shit Morning), with a sarcastic and humorous tone, where exaggeration, histrionics, and even provocation predominated, and from this perspective, he expressed his opinion, consisting of reflections of political content, linked to the outcome of an election, referring to how to combat fascism."
Acquittal for Incitement to Hatred in a Freedom of Expression Case
The Audiència de Barcelona has ruled that a comedian's comments on Catalunya Ràdio, though provocative, are protected by freedom of expression.
By Marta Puig i Vidal
••2 min read
IA
Generic image of a judge's gavel on a wooden desk in a courtroom.
The Audiència de Barcelona has acquitted a comedian of incitement to hatred, ruling that his expressions, broadcast on a radio program, are protected by freedom of expression.
The verdict, communicated on May 12, 2026, concludes that the comments made on the program El Matí de Catalunya Ràdio, despite being “forceful” and “provocative,” hold no criminal relevance. This decision overturns the reopening of the case, which had been previously archived in 2021 by an investigating court and reopened in 2023 by the same Audiència de Barcelona.
The Third Section of the court emphasized that the discourse does not meet the requirements to be considered a hate crime, according to Article 510 of the Spanish Penal Code. The magistrates highlighted the context of radio satire and the sarcastic and humorous tone of the segment, where exaggerated reflections on current political affairs were made.
The judges insisted that the phrase “a punch in the mouth” should not be interpreted literally as an incitement to violence, but rather as a metaphor for “silencing.” This interpretation is framed within the need to restrictively interpret hate speech offenses, reminding that not every offensive or distasteful expression constitutes a crime.



