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A serious insult or a false accusation of a crime on social media is not covered by freedom of expression: it can be an offence of insult or slander, or an unlawful interference with your reputation.
You can go down the criminal route or use the civil protection of your reputation. Choosing wrong costs months.
Private prosecution for insult or slander.
When it makes sense When there is a specific false accusation and you want a conviction on the record.
A claim under Organic Law 1/1982.
When it makes sense When what you want is for it to disappear and to be compensated for the harm.
Certified screenshots of the insults or the slander.
A formal notice to delete the comments and stop.
A public apology and correction, if you accept it.
A private prosecution and a hearing if everything above fails.
Are you being defamed on social media? We act to defend your good name.
Escalera & Tuset · Criminal law · Madrid
«Excellent treatment and outstanding professionals. Thanks to Pepe Dominguez Tuset, who resolved my problems.»
It can be, if it is serious and damages your dignity: that is an insult. If you are falsely accused of a crime, that is slander.
One year from publication for insult and slander. It is worth certifying the evidence straight away.
A private prosecution allows you to ask the court to require the platform to hand over the author's details.
Yes, that is the first step: a formal notice to the author and to the social network. If they do not comply, it is sought through the court.
It depends on how far it spread and on the damage to your reputation; it is set in the judgment: on the criminal route, alongside the sentence; on the civil route, as compensation.
First consultation free and with no obligation. If someone is being held in custody right now, call us directly: we attend the police station or the duty court.
911 923 480You have been defamed on social media in Spain and you do not know what to do. You are looking for lawyers to bring a defamation complaint on social media in Madrid, specialists in the field with experience both in court and in reaching agreements.
Offences of defamation on social media have to do with the insults and slander directed at you.
You commit the offence of insult when you insult someone publicly with the intention of damaging their dignity or humiliating them. That can happen when you are mentioned in the comments on any social network, insulted, and it is known that it is you and you are recognisable to other users. The offence of insult carries a fine of 3 to 7 months. If the insults are more serious, the penalty can reach 6 months to 2 years in prison or a fine of 12 to 24 months.
Offences of slander consist of publicly accusing a person of having committed a crime while knowing that the accusation is false. Publishing an accusation against someone who is not even a user of the social network where it appears, but whose name is recognisable, is already an offence of slander. Penalties for slander can be a fine of 6 to 12 months and, depending on the seriousness of the slander published on social media in Spain, can reach 6 months to 2 years in prison or a fine of 12 to 24 months.
You may think that an insult on social media or a negative opinion about you is freedom of expression, but it is not: it is a form of defamation. Depending on the intent behind it, it amounts to an offence under the Criminal Code and you can bring a defamation complaint over social media in Spain.
If you want to report someone for defamation on social media, the first thing your law firm will ask is that you have gathered all the evidence of the insults or slander that person has directed at you. Every screenshot you put forward as evidence will have to be certified for it to be valid if the matter reaches court.
Once you have gathered all the evidence, you will have to locate the person responsible for the defamation and contact them so that you and your lawyers can ask them to delete every comment they have made about you on the social network and to stop their conduct. If, once you have found them and spoken to them, they do not change their behaviour or delete the comments, you can take the next step.
Once you have filed a private prosecution with the court and the person defaming you has been identified, you may be able to reach an agreement before the hearing. If they apologise and undertake to publish an apology and a correction of the insult or slander on the social networks where they defamed you, the process will be over, but only if you accept their apology.
You will be able to bring a defamation claim over social media with your specialist lawyers if everything above fails. How quickly the case moves will depend on how easy it is to identify the person who has been defaming you on social media in Spain.
At Escalera & Tuset you can instruct our lawyers who are expert in defamation on social media, with more than 10 years of experience in the field, to work on your case. To find out more about what we do, get in touch through the form on our website. If you prefer, you can send us an email setting out your case or call us on the phone. We will be glad to help you with whatever you need to bring the complaint and take care of all the steps involved.
Once you have gathered all the evidence, you will have to locate the person responsible for the defamation and contact them so that you and your lawyers can ask them to delete every comment they have made about you on the social network and to stop their conduct. If, once you have found them and spoken to them, they do not change their behaviour or delete the comments, you can take the next step.
You will be able to bring a defamation claim over social media with your specialist lawyers if everything above fails. How quickly the case moves will depend on how easy it is to identify the person who has been defaming you on social media in Spain.
The criminal department covers everything from minor offences to defence in proceedings involving remand in custody.
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