The judgement (unless poorly translated) seems to suggest that Amaral was within his rights to express his opinion in his books because his right to freedom of expression trumped the McCanns' right to a not be libelled and in any case the McCanns had not been proven innocent, so there. What a load of cobblers.
I think the way the judgement has been presented is spin ~ spin ~ and more propaganda to fuel the fires of future campaigns of vitriol against the McCanns.
Page 2Starting the discussion in a logical and chronological order through book analysis, one immediately establishes that
what is at stake is not a text with informative content.
In fact, one
doesn't find in the book, reported in a stripped and simple way,
the facts of the investigation that intended to clear the circumstances of the disappearance of the minor Madeleine McCann on May 3, 2007.
No added value is brought to the partial copy of the investigation that the Attorney General's Office did distribute for Social Communication after the closure of the investigation (paragraphs 65 and 66 of proven facts).
The book is the
expression of an opinion, including the account of the conclusions that the author draws from the means of obtaining evidence produced in the investigation in order to formulate a thesis, an hypothesis of verifying of the facts.
http://www.gerrymccannsblogs.co.uk/Supreme_Court_31_01_2017.htmSmoke and mirrors and confirmation that in Portugal Amaral's opinion (don't know if it applies to anyone else) supersedes the McCann's right not to be libelled and their good name destroyed.