Can song lyrics violate someone’s honor or dignity? Without a doubt. Specifically, the lines that the singer Shakira dedicates to her former partner could constitute an affront to the right to honor of both Piqué’s current partner and the former footballer himself; however, the most sensitive part of the song with Bizarrap is directed toward Piqué’s new girlfriend.

Throughout the song, it is said that “You swapped a Ferrari for a Twingo” and “You swapped a Rolex for a Casio” with the pejorative connotations that such a comparison entails, leaving Clara, Piqué’s new partner, in a delicate position. At the same time, she is addressed in the following terms: “She has the name of a good person, clearly, it’s not what it sounds like.” It turns out her name is “Clara” and by reciting “Clara mente” (clearly) sarcastically, a separation between “clara” and “mente” is perceived in such a way that we could consider the Catalan’s new partner is seeing her honorary sphere eroded by being involved in a sentimental war without being a public figure and being pointed out as a bad person.

Piqué’s partner must be considered a completely anonymous person and, therefore, any allusion to her person may violate not only her right to honor, but also her right to personal and family privacy (Art. 18.1 C.E.) insofar as she has at no time sold her private life nor voluntarily been part of the world of celebrity gossip. It would be a different matter if Clara had publicly recounted the details of the sentimental relationship with her new partner, but none of that has taken place.

On the other hand, regarding the protection of the former footballer’s right to privacy, we understand that since he has not commercialized his private life in the media by recounting the details that comprise his intimate and family sphere, the singer cannot at all recount her sentimental disputes or fights with Piqué in the form of a song by alluding to specific people, as the requirement of general interest for such a subject to be known by third parties would not be met.

But, if the song does not expressly state the name of the former footballer or his partner, can their honor and privacy still be violated? Of course it can.

Certainly, in no passage of the song are the first and last names of those alluded to mentioned, but as our Supreme Court has recently established, the right to honor and privacy can be diminished by indirect allusions and insinuations without it being necessary to expressly mention the data that identifies a specific person. It is sufficient that from the peripheral data surrounding the matter in question, they are identified by third parties outside the controversy, identifying that the song speaks of Piqué and Clara, it being more than evident that, in the opinion of millions of people, the song is directed at them.

We must take into account that for the purposes of granting protection to the Right to Honor and Privacy, the moral or immoral character of the social or sentimental actions of the protagonists is not to be assessed, but rather it is a matter of respecting a series of legal and jurisprudential criteria so that the fundamental rights of all citizens remain protected. Therefore, it would be likely that the lyrics of a song that orbits 100% around a sentimental theme violate at the very least the intimate sphere of those alluded to, whether they are public or anonymous figures.

In the first 12 hours of the song’s release, it had more than 26 million views on YouTube, and 2 million in the first few minutes of the launch. Public figures, journalists, and all television networks, in their morning programs (European time), were commenting on the song from the early hours.

We would be talking about a “clash of titans” in the field of “personal brand and online reputation” protection; it is a topic that we believe is very curious, as well as interesting due to all the factors at play.

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