Malaga fair attendees warned about fines of up to 10,000 euros for recording and sharing #papagorda videos of drunk people

The CAA Andalusian audiovisual association (the independent authority responsible for regulating and supervising the audiovisual sector in the region) has repeatedly pointed out that sharing this type of content on platforms such as TikTok or Instagram is not harmless and "may infringe fundamental rights such as honour, privacy and one's own image".

The hashtag #papagorda first came into use on Twitter (now X) during the 2019 Seville fair. Under this hashtag, which has gone viral year after year, content featuring people who are clearly drunk is shared with the intention of mocking them.

The report by the CAA warns that these videos, although they may be perceived as a form of humour, carry fines of up to 10,000 euros if the recordings are shared without the consent of the individuals concerned.

In 2022, the Spanish data protection agency imposed a 10,000-euro fine for the widespread sharing on social media of a video recorded without consent, featuring a person who was on a public thoroughfare while intoxicated.

The footage was captured on a mobile phone by an unknown person travelling in their car and the person appearing in the video could be identified. They were leaning on a litter bin to keep their balance.

These recordings may constitute a breach of data protection regulations, as well as of the right to honour, personal privacy and one's own image.

The CAA also emphasises that simply being in a public space does not imply an automatic waiver of these rights, particularly when the images make it possible to identify individuals and are widely disseminated without their consent. This principle is particularly relevant at large-scale events such as the Malaga fair.

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