Rosalía: Can a spontaneous event turn into a very serious offence?

On November 21st, the press, digital media, and social networks all woke up to the news of the chaos that took over central Madrid the previous Monday night during Rosalía’s impromptu street presentation of her new album Lux.

At 8:45 p.m., the artist streamed a live video on TikTok announcing that there would be “a surprise in Callao” at 10:00 p.m. related to the launch of her new album. The surprise turned out to be Rosalía herself appearing in Callao, where she and her team projected the cover of her new album onto the screens in the square and along Gran Vía.

The announcement caused a great stir among fans, who flocked to the area in large numbers. According to various media outlets, around 500 people gathered, completely blocking pedestrian traffic.

In the end, the Municipal Police had to intervene, deploying several riot control units to redirect pedestrian traffic in the surrounding streets, close one of the Metro entrances, and contain attendees attempting to cross the Gran Vía from one side to the other, disrupting vehicle traffic.

What happened in Callao is not very different from other large gatherings organised through social media that take over public spaces: flash mobs, impromptu concerts, demonstrations, and other mass events that disrupt the normal use of public areas. They all share a common feature - being arranged via social media platforms that often give their promoters a false sense of detachment, both from the administrative obligations required to hold such large gatherings and from the ensuing responsibilities they must assume as organisers and promoters of these events.

In this regard, it is important to remember that our legal system subjects the use of public spaces for private activities (by individuals or groups) to prior administrative control and provides for sanctions against organisers or promoters who fail to comply with this requirement. The purpose of this regulation is to ensure the safety of people and property, equitable access to public spaces for all citizens and private groups, and even the protection of the environment.

The organisation of a gathering or demonstration in a public space, for example, requires a written notification to the territorially competent Government Delegation 10 days before the event, so that the Administration can issue a resolution within a maximum of 72 hours, either prohibiting it or proposing changes to the date, time, duration, or route. Although prior authorisation is not required, failing to notify the authorities within these deadlines constitutes a very serious offence, punishable under the Citizen Security Law with fines ranging from €30,001 up to €600,000, to be imposed on the organisers and promoters.

The Rosalía Case

In the case of Rosalía’s promotional event, the applicable legal framework is different because the gathering of individuals in the public space did not result from the collective exercise of their constitutional right of assembly. Instead, it arose from their decision to attend an event of a different nature, offering leisure and entertainment content, which the General Police Regulations on Public Shows and Recreational Activities and the Public Shows and Recreational Activities Law of the Community of Madrid define as a public event of an artistic or cultural nature.

When the organiser or promoter’s objective is to gather an audience to witness activities, performances, or displays of an artistic, cultural, or sporting nature, these are considered public events, which under our legal system are subject to stricter administrative control than demonstrations, requiring prior express authorisation for their holding.

In the city of Madrid, specifically, holding this type of event in public streets requires applying to the relevant district for authorisation for the temporary use of public space, in accordance with the Licences and Responsible Declarations Ordinance of the Madrid City Council.

In Rosalía’s case, if it is ultimately confirmed that the Callao event lacked the required prior authorisation, its promoters and organisers — including Rosalía herself, as the person who summoned the public through her personal TikTok account - could face a minimum fine of €60,001, which could rise to €600,000 or even up to double the profit obtained, in order to ensure that committing the offence does not prove more advantageous than complying with the applicable regulations.

We will have to wait and see whether the City Council ultimately decides to impose these sanctions. However, what happened should serve as a wake-up call for those who generate impact through social media and other channels, reminding them of the risks they assume when publicly organising, announcing, and promoting large-scale events in public spaces.

Article published in vozpópuli