Nil Ortega, Spanish Youtuber fake drowning challenge
Getty Images/Carlos Alvarez

Spanish YouTube influencer Nil Ojeda is facing serious legal trouble after promoting a dangerous prank that encouraged his followers to fake drownings on public beaches. The city of Alicante has filed a formal complaint with the prosecutor's office, urging them to take down Ojeda's social media accounts.

The controversy arose after Ojeda posted a challenge in early July, which led to several instances of staged drownings on the beaches of Postiguet and San Juan. in the Spanish city of Alicante. The viral stunt created significant confusion among lifeguards and disrupted safety protocols, particularly during a day marked by a yellow flag due to strong winds.

Dangerous instructions

"Find the lifeguard, stand in front, and start acting: down on the ground, drowned out of the water. If you deserve it, the prize is yours," said Ojeda in a video posted on social media and the Youtuber's account, encouraging young followers to participate for a chance to win rewards linked to his clothing brand, Milfshakes. The prank attracted considerable participation from young people, drawing the ire of local authorities

The municipal government of Alicante referred the case to its legal team, which concluded that Ojeda's actions could constitute a crime under Article 561 of the Penal Code. This article addresses the simulation of danger, as the prank led to an unjustified deployment of emergency services. Moreover, the legal advisors argue that the event violated Law 14/2010 of Public Shows in the Valencian Community by organizing an event that compromised public safety without proper authorization. The prank also breached a local civic coexistence ordinance, which governs public safety in shared spaces.

Furthermore, the legal team believes that the challenge may have breached Law 13/2022, known as the "influencer law," which prohibits audiovisual communications that promote actions that could incite criminal behavior. In addition to requesting the prosecutor to shut down Ojeda's social media accounts for the alleged crime of simulating danger, the Alicante City Council plans to initiate administrative proceedings for violations at both the regional and municipal levels, citing breaches of public show laws and local ordinances.

The Council also intends to report possible violations of other regulations to national authorities to start respective sanctioning proceedings.

Who is Nil Ojeda?

Boasting nearly 2 million followers on Instagram, 4 million on TikTok, and nearly 4.5 million subscribers on YouTube, Ojeda has become a prominent figure in the Spanish-speaking digital community.

Born on October 21, 1998, in Osona, Barcelona, Ojeda started his YouTube journey in 2016. His popularity has led to collaborations with major brands like McDonald's and the launch of his clothing line, Milfshakes. Despite his exposure to millions, Ojeda has managed to keep much of his personal life private, revealing only snippets about his preferences and quirks through his videos.

While his journey as a content creator and influencer has been marked by success and recognition, including the 2024 Digital Entrepreneurship Idol Award, this recent controversy poses a significant threat to his career. The legal proceedings and potential social media bans could mark a turning point for Ojeda, whose actions have brought him to the center of a heated debate about the responsibilities of influencers and the impact of their content on public safety.

What could happen to Nil Ojeda?

The Spanish content creator should be thankful that the effort of rescue workers diverted to help the pranksters inspired by his challenge didn't lead to serious problems or even somebody's death. The consequences of his acts would be fearsome if so.

However, his behavior could be considered a breach of the influencer law, and the council will also report the involved profiles to the respective platforms to remove content, freeze activity, or permanently close accounts. Nil Ojeda could also be fined, and the case would complicate even more if the national courts take it.

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