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The TSJM confirms a sanction to a police officer for having as a second activity that of a porn actor

MADRID, 17 Ene.

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The TSJM confirms a sanction to a police officer for having as a second activity that of a porn actor

MADRID, 17 Ene. (EUROPA PRESS) -

The Superior Court of Justice of Madrid (TSJM) has confirmed a sanction for a very serious offense against a National Police in Andalusia for having as a second activity that of a pornographic actor and thereby harming the image of the police institution.

This is stated in an order, to which Europa Press had access, in which the Contentious-Administrative Chamber dismissed the agent's appeal against the agreement of the General Directorate of Police, of November 24, 2020, ordering costs to the actor up to a maximum of 500 euros.

David V. R. was suspended from his duties for six months for committing a very serious offense by having as a second activity that of a pornographic actor without having previously requested compatibility.

In his appeal, the plaintiff argued that the profile he opened on social networks as a porn actor was private and not open to the public and that his image rights were assigned to a production company, so he did not know if it charged for access to the content.

The policeman pointed out that he did not get paid and that he never worked as a professional, but as an amateur without "charging for image rights or identifying himself as the National Police or using his personal name."

Faced with this, the TSJM magistrates state that the actor included his image when promoting his activity as an actor, which allowed him to be recognized by his peers or by the general public.

They point out that proof of this is the sanctioning file itself, which "would not have been initiated if the activity carried out as a porn film actor had not been disclosed and brought to the attention of the General Directorate of Police."

The Chamber emphasizes that in the file there are strong indications of collection of amounts for the activity, pointing out that in his profile it appears that he works as a porn actor.

Therefore, it concludes that the plaintiff's intention to pursue that of a pornographic actor as a private professional activity is justified, a reality that "cannot be opposed by a contract for the transfer of image rights that refers to a single recording or performance".

He insists that the sanction refers to the existence of an incompatibility not only due to the paid nature of the activity but also because "it impairs with it the strict fulfillment of their duties, damaging the image of the official institution."

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