The ruling never stated that Gonçalo Amaral had libelled the McCanns. Get it straight.
II . The conflict in this case between freedom of expression and the right to good name and reputation of the claimants. MATTERS TO BE DECIDED
In view of the requests made, the decision on the merits essentially depends on the answer to the following question :
- Are the book written by the defendant Goncalo Amaral, the adaptation of this book for the audiovisual documentary and the interview given by the same defendant illicit /anti-juridical according to article 484° of the Civil Procedure Code ? *
In response attempt will travel the following discussion levels :
I. the content of the book, the documentary and the interview.
II . The conflict in this case between freedom of expression and the right to good name and reputation of the claimants.
If the conclusion is unlawfulness, it will matter to establish :
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III. If damages have been proven that are in a causal relationship with the unlawful acts and, if so , what is the amount with which they should be compensated.
IV. If the claims made by the plaintiffs in the appended action are appropriate for removing the effects of the committed crimes.
Finally it will be important to close the discussion with analyses of the procedural conducts of the parties in the light of the premises of bad faith litigation.
* "... of the Civil Procedure Code"? Shouldn't that be the Civil Code? That's not a mistake by Anne G, it's in the original.
ARTIGO 484º
(Ofensa do crédito ou do bom nome)
Quem afirmar ou difundir um facto capaz de prejudicar o crédito ou o bom nome de qualquer pessoa, singular ou colectiva, responde pelos danos causados.