Criminal lawPractical guidesOnline insults and slander in Spain: what the Criminal Code says and how they are proved

Social media and the anonymity of cyberspace have caused a surge in the offences of insult (injurias) and slander (calumnias) committed online, including the figure of the troll. There is no specific offence for the digital environment: the traditional offences of insult and slander apply, but with some important particularities. We explain them with support from legal doctrine and case law.

The same offence, a different medium

When comments are sufficiently serious, they fall within the offences of insult and slander in the Spanish Criminal Code. What changes is the medium through which the message is spread, the aggravated consequences of its going viral and the difficulty of removing the content once distributed.

Publicity aggravates the sentence (but it is not always present)

Article 211 of the Criminal Code provides that slander and insult are deemed to be committed with publicity when they are spread by print, broadcasting or any other medium of similar effectiveness, which includes social media and aggravates the sentence (among others, Supreme Court judgment 135/2020 of 7 May, appeal 3344/2018). However, the aggravation requires significant dissemination: there is publicity in an open message on forums or social networks, but not when a medium addressed to a single recipient or a small group is used (a text message, a private message or an email).

Digital evidence is decisive

Since these are offences committed online, technological evidence must be provided. A notarial certificate of online content that records the content and its dissemination is advisable, together with an expert IT report supporting the authenticity of the digital evidence. Identifying the author hidden behind a pseudonym usually requires the intervention of the police technology crime unit and, by court order, the cooperation of service providers.

Precautionary measures against the content

Article 13 of the Criminal Procedure Act, as worded by Organic Law 10/2022, allows the provisional removal of unlawful content, the interruption of the services offering it or its blocking when hosted abroad to be ordered as first measures. A prohibition on approaching and communicating by any means, including social media, may also be requested (Article 544 bis LECrim), and even a prohibition on the investigated person accessing the internet (Supreme Court, Plenary, judgment 547/2022 of 2 June, appeal 1615/2020).

Are you being defamed or accused?

Both to bring a claim and to defend yourself, speed in securing the digital evidence is key. See our defence against online insults and slander and our computer crime practice area.

Sources

Doctrine: Offences against Honour and Privacy (Expertia Legal, December 2025 edition), “Insults and slander via the Internet”. Case law cited: Supreme Court judgment 135/2020 of 7 May (appeal 3344/2018), Supreme Court (Plenary) judgment 547/2022 of 2 June (appeal 1615/2020) and Criminal Court judgment 187/2019 of 26 April (appeal 648/2018). Legislation: Article 211 of the Criminal Code; Articles 13 and 544 bis LECrim; Organic Law 10/2022.

Penalties: the weight of publicity

The Criminal Code distinguishes according to whether the statement was made with publicity, and under Article 211 publicity exists when it is spread through the press, broadcasting or any other means of similar effectiveness, a category into which the courts have placed social networks, forums and messaging groups with many members. Slander, that is, accusing someone of an offence knowing it to be false or with reckless disregard for the truth, is punished under Article 206 with imprisonment of six months to two years or a fine of twelve to twenty-four months when made with publicity, and otherwise with a fine of six to twelve months. Serious insult is punished under Article 209 with a fine of six to fourteen months when made with publicity and of three to seven months otherwise. In both cases, the court may also order the publication of the judgment and compensation for moral damages.

A private offence: complaint, conciliation and one-year time limit

Insults and slander against private individuals are prosecuted only at the request of the offended person, by means of a formal criminal complaint (querella) signed by a lawyer and a court representative. Before filing it, the law requires an attempt at conciliation before the court, at which the parties may reach an agreement or the author may retract. Time is decisive: under Article 131 of the Criminal Code these offences are time-barred after one year from the publication, so the evidence must be preserved and the complaint prepared without delay. Where the target is a public official acting in the exercise of their duties, the offence may be prosecuted by the Public Prosecutor.

The freedom of expression test

Not every offensive or harsh message is a crime. The Constitutional Court and the Supreme Court weigh the right to honour against freedom of expression and information: value judgments, however unpleasant, are protected if they are not gratuitously insulting and relate to a matter of public interest, and criticism of public figures enjoys a wider margin. Statements of fact are protected when the author acted with diligence in verifying them, even if they later prove inaccurate. The defence of the person accused therefore focuses on the context, on the public relevance of the subject, on the absence of intent to offend and on the truth or reasonable verification of the facts, while the defence of the victim concentrates on the gratuitousness of the expressions and their real impact on reputation.

Frequently asked questions

Is an insult on social media always an aggravated offence?

No. The aggravation for publicity under Article 211 of the Criminal Code requires significant dissemination; a private message or an email addressed to one person or a small group does not meet that requirement.

How do I prove an online insult or slander?

With a notarial certificate of the online content, an expert IT report on the authenticity of the evidence and, where the author is anonymous, the intervention of the police technology crime unit under court order.

Can the content be removed while the case is ongoing?

Yes. Article 13 LECrim allows the provisional removal, interruption or blocking of unlawful content as a first measure, together with prohibitions on approaching and communicating.

What is the difference between insult and slander in Spanish law?

Slander consists of accusing someone of a criminal offence knowing that it is false or with reckless disregard for the truth; insult is any statement or action that harms the dignity of another by damaging their reputation or self-esteem.

How long do I have to take action for online insults or slander?

Under Article 131 of the Criminal Code, these offences are time-barred after one year, so the evidence should be preserved and the complaint prepared without delay.

Related guides

• Online defamation lawyer in Spain
• Insult and slander proceedings in Spain
• Chain of custody of evidence in Spain

This article is informative in nature and does not constitute legal advice. For a specific case, consult a lawyer.