Hmmm. A few thoughts for the pot. I have no idea who will win this case. Who would have thought that Murat would have lost first time around?
(My understanding of Portuguese is somewhat basic, particularly in legalese, so I'll be happy to stand corrected if I've misunderstood, and this is simply what I can gather of the general gist.)
From the initial ruling in Murat's case (the paragraphs in italics under II – 1 – Das arguidas nulidades de sentença), he initially lost because there was no firm conclusion either way as to what was true or not, nor could he prove that the allegations were based on leaks in violation of judicial secrecy (CdaM were somehow able to prove they were able to verify their sources and cross-check information prior to publication). *cough*
RM also objected that they had printed photos of him without his consent (presumably in conjunction with lurid headlines), but the judge found that the fact that he was trying to help was public knowledge and he had therefore become a "public figure" as opposed to an anonymous citizen and the photos weren't taken in private situations.
Some of the examples of damage couldn't be proven (if I've understood that bit), but that it was proven that his business website had been hacked and why, and also that he'd received death threats. However, there was no proof that the damage was a direct consequence of CdaM's activity, as similar allegations were also published in other press outlets.
As it was not proven that CdaM had acted [ilicitude?] wrongfully / illegally (?), he lost the case, poor sod.
So... the bottom line was that the judge found it fine that he was branded a paedo /child abductor / cat-shagger as there was no proof that the allegations weren't true and that anyway, not all of the claimed damage could be proven and even then it couldn't be proven that CdaM was responsible for it.
Thankfully for him, however, the appeals court saw the matter differently, and he eventually won.
