The Cuban influencer Flor de Cuba appeared on her social media this Friday celebrating the initial legal victory in the defamation lawsuit she has against Alexander Otaola in the United States, after a judge denied the presenter's request to dismiss the case.
According to Flor's own explanation in an Instagram post, the magistrate determined that there is sufficient legal basis for the process to continue and move forward to trial.
“Today justice spoke: I WON the hearing against Otaola. The judge determined that his attacks were made with actual malice, acknowledged the emotional harm, and denied his request to dismiss the case,” wrote Flor on her account.
The influencer explained that during this hearing, it was debated whether the lawsuit met the minimum legal requirements to proceed or if it should be dismissed: “His defense tried to argue that this should not proceed because they were protected by freedom of speech, but the judge was clear and determined that it is not freedom of speech, that these were words spoken with the intention to harm (…) found that there was indeed an intention to defame, to cause harm, and to provoke negative consequences for me.”
The accusations facing Otaola
Flor detailed that this Friday four charges were brought against Otaola: “The first was defamation, the second was defamation through the various media outlets Otaola has with a distributor called Otaca, the third charge was emotional distress, and the fourth charge was cyberbullying, stalking, media harassment on the internet.”
The influencer has publicly alleged that Otaola has accused her of being a communist, a spy for State Security, involved in money laundering, acting as a sex worker for the Castro family, and even having a human trafficking network and being a pimp for young Cuban women, all without providing any evidence.
These accusations, according to Flor, have resulted in serious personal and professional consequences, including the closure of her academy in Cuba, commercial boycotts, threats, and attacks on social media.
What does this hearing mean in legal terms?
The judge's decision to deny the motion to dismiss is crucial within the U.S. legal process. In these cases, judges evaluate whether, even assuming that everything alleged by the plaintiff is true, the lawsuit has legal merits to proceed to trial.
The judge would also have considered the standard of “actual malice,” a central concept in defamation lawsuits in the U.S. that requires proof that the defendant acted knowing that what they were saying was false, or with reckless disregard for the truth.
The fact that the judge has decided that the case can proceed to trial indicates that, in principle, there is enough basis to consider that Otaola's statements may not be protected by the First Amendment (freedom of speech), if it is proven that they were malicious and caused real harm.
Next step: trial
Flor de Cuba announced that it will now begin a legal process in which Otaola will have to present evidence before the court to support all the accusations made against him.
“You will have to prove in court that I am a communist, that I am a spy, that I launder money, and even more serious fabrications that anyone can see are nothing but lies,” said the influencer.
Frequently asked questions about the Flor de Cuba lawsuit against Alexander Otaola
Why did Flor de Cuba sue Alexander Otaola?
Flor de Cuba sued Alexander Otaola for defamation, accusing him of making false statements that harmed her reputation and public image. Among the accusations are being a spy for the Cuban State Security, a pimp, and money laundering, all without evidence according to the influencer. These claims have had negative personal and professional repercussions for Flor.
What did the judge decide in the first hearing of the case?
According to the statements from Flor de Cuba, the judge decided that the case has a legal basis to continue and move towards a trial. He denied the motion to dismiss filed by Otaola, considering that the statements may not be protected by freedom of speech if it is proven that they were made with malice and caused real harm.
What specific accusations is Alexander Otaola facing?
Otaola faces accusations of defamation, emotional distress, media harassment, and cyberbullying. Flor de Cuba claims that Otaola has unsubstantiated allegations against her of being a communist, a spy, a sex worker for the Castro family, and of having a human trafficking network, which has severely impacted her personal and professional life.
Filed under:
