Article 211 Spanish Criminal Code: publicity in libel and slander

Frequently asked questions

What effect does the application of Article 211 of the Spanish Criminal Code produce?

The provision carries no penalty of its own: it triggers the aggravated ranges for calumny and insult with publicity and the joint liability of the medium’s owner.

What does Article 211 of the Spanish Criminal Code provide on the scope of publicity?

A calumny under Article 205 or a serious insult under Article 208. Dissemination through print, broadcasting or a medium of similar effectiveness. The case-law equation of the internet and social networks with such media. The actual spreading capacity of the medium used, assessed in the specific case.

What defence issues arise under Article 211 of the Spanish Criminal Code?

Disputing similar effectiveness. Not every digital publication equals print or broadcasting: a closed group, a minimal-reach profile or an ephemeral message leave room to contest the spreading capacity the provision requires. Proving actual dissemination. The aggravation rests on the reach of the publication; the prosecution must prove real audience and visibility, not presume them from the platform. Attacking the base offence. Without calumny or serious insult there is nothing to aggravate: truth as a defence in calumny and lack of gravity in insult also disable this provision. Watching the procedural gateway. These offences require a private criminal complaint and prior conciliation under Article 804 of the Procedure Act; procedural defects benefit the defence whatever the medium.

Is the English text of Article 211 of the Spanish Criminal Code official?

Working translation prepared by Société Juridique from the consolidated Spanish text published by the Official State Gazette. It has no official status: the only authoritative version is the Spanish original, available at the Official State Gazette and reproduced verbatim in our Spanish-language entry for this provision. Source: Organic Law 10/1995 of 23 November, the Spanish Criminal Code.