Trial for anti-Roma hate speech in Madrid [editar]

• In January 2020, following a fake news, social media was flooded with anti-Roma messages that went so far as to advocate extermination.
• Fundación Secretariado Gitano, which has brought charges in the case, considers it a ‘textbook example’ of how social prejudice, discrimination and violence feed off each other.
• It is hoped that the court ruling will send a clear message to internet users and platforms about the illegality of such discourse and the need to eradicate it.

Today, the Provincial Court of Madrid is hearing the case of a man accused of anti-Roma hate speech after making extremely serious comments such as ‘To the gas chamber and make soap out of them’.

Fundación Secretariado Gitano (FSG) has joined the case as a plaintiff, considering it to be ‘a clear case of how prejudice escalates into violence’, in the words of the organisation's director general, Sara Giménez. In the chain of events, she believes that ‘discriminatory patterns can be observed, which unfortunately are still very common in Spain today’.

The case dates back to 2020, when a false report was made in Aranjuez of the theft of a therapy dog that was due to be delivered to a girl with functional diversity two days later. The dog trainer reported to the police that ‘he had been mugged at gunpoint in the street by four Roma men who got out of a white van,’ as he recounted in great detail to a television crew. Days later, the dog was found at the trainer's home, who had invented the story in order to sell it. Even after this discovery, versions continued to be published that insisted on the hypothesis that the perpetrators of the robbery were Roma.

The incident received widespread media coverage and sparked a wave of anti-Roma messages on social media. Several particularly serious comments were posted on social media and forums openly defending the murder of Roma people. The most violent messages had been written from internet cafes and it was impossible to identify the author unequivocally, except in one case. The prosecution targeted this user after computer experts identified the IP address of his computer.

Fundación Secretariado Gitano has requested a prison sentence of two years and six months for the defendant, plus a fine of ten months at a rate of 60 euros per day. ‘Anti-Roma hate messages cannot go unpunished,’ argues Sara Giménez. Firstly, because ‘they encourage attitudes of discrimination against Rom’. Furthermore, she warns, ‘they have an immediate impact on many Roma, causing them feelings of anxiety, fear or stigmatisation’. In addition, ‘internet platforms and social networks must also assume their responsibility: they cannot become spaces where hatred against certain groups is spread. This is established in numerous international conventions signed by Spain and in EU regulations themselves,’ recalls the director general of the FSG. This creates a vicious circle that ‘leads to mistrust of the justice system among victims, under-reporting and further impunity’.


Attention to the direct responsibility of the media

In assessing this case, the FSG considers that the response of the criminal justice system is necessary but not sufficient. It is a last resort that must be pursued while also combating anti-Roma prejudice.

Sara Giménez calls in particular on the media to 'reflect on their special responsibility'. When, in news reports such as this case, a person's ethnic background is highlighted and emphasised, ‘this feature adds no informational value to the news and, instead, stigmatises an entire community’.

The ‘poor journalistic practice’ of some media outlets is evident in their coverage of the alleged theft. First, a highly emotive story is presented (a girl with functional diversity who is deprived of her therapy dog) and then members of the Roma ethnic group are blamed, an accusation that is quickly reinforced by clichés and negative stereotypes that are widespread among the population, which serves to make these stories credible and, at the same time, reinforces prejudices.

Strategic litigation to contribute to the defence of fundamental rights

This case is the result of the strategic litigation work carried out by the Fundación Secretariado Gitano, which seeks to establish case law and promote the application of the law in emblematic cases of discrimination and anti-gypsyism in order to bring about positive changes in the enjoyment of rights by the Roma community. In the trial, FSG will be represented by Pastora Filigrana, a Roma lawyer with extensive experience in defending human rights