The Provincial Court of Madrid has confirmed the acquittal of agitator Pilar Baselga for the expressions she directed against Begoña Gómez, wife of the Prime Minister, on a television program. Among them were the term "Begoño", the insinuation that Gómez was a transsexual woman, and several unsubstantiated references linking her to drug trafficking in Morocco.
Section 15 has rejected the appeal filed by Gómez against the ruling of Criminal Court number 22 of Madrid. The magistrates consider that Baselga's words were "very unfortunate, inappropriate, and even potentially damaging" to her honor, but they maintain that they lack the necessary seriousness to support a conviction for serious defamation with publicity.
The ruling, dated September 8, places any eventual reparation in civil jurisdiction. According to the court, the reproach that the expressions may deserve is insufficient to activate a criminal response, which requires an added degree of seriousness and unlawfulness. Against the resolution, only an appeal to the Supreme Court is possible.
A higher level of criticism for being the president's wife
The Court attributes to Begoña Gómez the status of a person of public relevance despite her lack of an institutional position. The magistrates justify this consideration by her marriage to Pedro Sánchez, her presence at official events, and the "notable media and institutional projection" she has acquired in recent years.
The court recalls that people with public exposure must tolerate a higher threshold of criticism than that required of any anonymous citizen. This interpretation has been decisive in confirming the acquittal, although the magistrates themselves acknowledge that the disseminated content could affect Gómez's honor.
The first instance ruling, issued by Judge Beatriz Suárez Martín, already held that the expression "Begoño" by itself lacked an injurious character and could be understood as a "joke" protected by satirical humor. The magistrate also did not find it proven that Baselga acted with the direct purpose of undermining the reputation of the president's wife.
Gómez appealed that decision considering that the court had downplayed statements disseminated to a television audience and subsequently amplified on social media. Her defense demanded a fine of 21,000 euros and compensation of 20,000 euros for a crime of serious defamation with publicity.
The High Court now upholds the acquittal, although it uses harsher terms to describe Baselga's words. The resolution sets the limit of criminal intervention, but it also does not grant veracity or legitimacy to the statements disseminated by the agitator.
A hoax spread on television and celebrated after the acquittal
The events date back to November 22, 2022, when Baselga participated in the program 'Los intocables', broadcast by 'Distrito TV'. During the discussion, she claimed that there were "suspicions" about Begoña Gómez's gender identity, called her "Begoño", referred to her as Pedro Sánchez's "husband" and linked her to a supposed drug trafficking plot in Morocco.
The statements quickly circulated on social media and fueled a campaign that used a supposed trans identity as an instrument of mockery and political discredit. The channel itself later distanced itself from the words and removed the content when it had already achieved widespread dissemination.
Baselga stated during the trial that she had merely commented on information published by other outlets and acknowledged that she used an "inappropriate" tone. She also affirmed that she never intended to defame or slander Gómez and apologized for any unfortunate expression.
Her reaction after learning of the first sentence contrasted with those apologies. The agitator published a video, later deleted, in which she sang "Begoño can be said and it's not a crime!" while celebrating her acquittal.
Sources from Moncloa have denounced that the condition of being the president's wife has become for Begoña Gómez "a trap" that leaves her exposed to a practical loss of rights. "Working becomes influence peddling; not working, dependence; defending oneself from insults, privilege; and remaining silent, guilt," lament government circles.
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