The oral trial against the youtuber Eduardo Miguel Prestofelippo, better known as “El Presto”, accused of harassing and discriminating against the first lady Fabiola Yáñez through her social networks, will begin this morning in the Buenos Aires courts located in Tacuarí 100. The debate is not broadcast on YouTube, but it is estimated that there will be a sentence today because there are Few witnesses cited.
“El Presto” was denounced for a series of videos published in 2020 on his YouTube channel and on Facebook. In one of those videos he addresses the President: “If I post a photo of your wife naked on Twitter tomorrow, because she has them, because it is your wife’s past, I will end up in prison (…) last skinny, bank the girl you’re going to bed with, you have to have balls, you didn’t look for a girl from her house, you looked for a girl who doesn’t know her on the big television channels precisely because she’s the first lady, they know her from others records, stop fucking Alberto, stop fucking (sic)”.
The case began in 2020, and progressed very quickly despite the pandemic. Before the judicial fair, a substitute judge held a zoom hearing with the parties and accepted all the evidence provided by Yañez’s defense, by lawyer Juan Pablo Fiobello.
The trial will begin around 10 in the morning and will be in charge of Judge Marcelo Bertumeu Romero. Both parties must attend in person.
The first lady, who will not participate in the president’s tour of Russia and China, will testify as witness and victim. Members of the Judicial Investigation Corps will also testify.
The defendant summoned his followers to the door of the Buenos Aires courts to carry out a “murga” for which there is an important security operation with members of the City Police, the Federal Police, and the Military House.
Prosecutor Daniela Dupuy requested that “El Presto” receive a thirty-day prison sentence, “plus the accessory sanction of refraining from contact and mention by any means of Yañez and the special instruction consisting of attending a Workshop of the “Training Program for the Prevention of Discriminatory Practices” dictated by INADI.
“Prestofelippo began an intimidating, persecutory –and smear- campaign against the first lady, Fabiola Yañez, which was carried out through digital media, through attacks on her intimate life and meddling in aspects of her private life, with total disregard in relation to the real affectation that they can cause on the name and honor of the victim, “said the prosecutor.
He is accused of the crime of discrimination, provided for in article 68 of the Contravencional Code, where it is established that “who discriminates against another for reasons of race, ethnicity, gender, sexual orientation, age, religion, ideology, opinion, nationality, physical characteristics, psychophysical, social, economic condition, or any circumstance that implies exclusion, restriction or impairment, is sanctioned with two (2) to ten (10) days of public utility work or four hundred ($400) to two thousand ($2,000) pesos fine”.
The accusation also points to the figure of harassment. Article 71 ter of the Contravencional Code sanctions “whoever intimidates or harasses another through the use of any digital means, provided that the act does not constitute a crime, is sanctioned with a fine of one hundred sixty (160) to eight hundred (800) fixed units, three (3) to ten (10) days of public utility work, or one (1) to five (5) days of arrest.”
The three facts for which Fabiola Yáñez denounced El Presto
1) Around April 25, 2020, the youtuber filmed a video in which he addresses Alberto Fernández who says: “If tomorrow on Twitter I publish a photo of your best in the balls, because he has them, because he is your wife’s past, I ended up in jail”…”last skinny, bank the girl you go to bed with, you have to have balls, you didn’t look for a girl from her house, you looked for a girl that in the big television channels do not know her precisely because she is the first lady, they know her through other records, stop fucking Alberto, stop fucking (sic)”.
2) The second publication dates from August 3, 2020, but this time he used his YouTube channel “ElPrestoOK”. The video whose name is “VIP PROSTITUTION? | The easy life of the First Lady of Argentina” refers, in a very macho way, to Yáñez’s personal life, her profession as an actress and what precedes the public place she currently occupies.
3) The last post was a day later, on August 4, 2020, on a Facebook profile. There, with the legend “Look at it before they censor it”, it invites us to continue delving into the economic position of the first lady, what her salary was and how she got a supposed apartment in Puerto Madero.