Defamation, libel and slander lawyer in Alicante

What criminal insult and criminal defamation are

These are the offences against honour. Today most of them arise on social media, in WhatsApp groups, in online reviews or in disputes between neighbours and businesses. Whether someone has publicly offended you or you have been taken to court over something you said or posted, you should know that these offences follow very particular rules.

• Calumny (calumnia, art. 205 of the Criminal Code): accusing someone of having committed an offence knowing it is false or with reckless disregard for the truth. Saying in public that a person “has stolen” or “has defrauded” someone when it is not true may be calumny, the Spanish equivalent of criminal slander or libel.
• Insult (injuria, art. 208): an act or expression that harms another person’s dignity, damaging their reputation or undermining their self-esteem. Only a serious insult is an offence, assessed according to its nature, effects and circumstances. If it consists of attributing facts, it is only serious when done knowing they are false or with reckless disregard for the truth.

Minor insults or humiliation between private individuals are not an offence, except between partners or within the family (art. 173.4). If the offence occurs between people who are or have been partners, we handle that situation at abogadaviolenciadegenero.com.

Publicity changes everything

The law considers that calumny or insult is committed with publicity when it is spread through the press, broadcasting or any other means of similar effectiveness (art. 211). An open post on social media can fall within this, and that increases the penalty. In addition, the owner of the medium through which it was spread may be jointly and severally liable in civil terms (art. 212).

Penalties

If the calumny or insult is committed for a price, reward or promise, special disqualification of six months to two years is added (art. 213). Reparation of the harm includes publication or dissemination of the conviction at the expense of the person convicted (art. 216), in addition to compensation for non-material damage.

As almost all the penalties are fines, a conviction for insult does not usually mean going to prison, but it does create a criminal record. And the fine should not be taken lightly: if it is not paid, it is converted into one day’s deprivation of liberty for every two unpaid daily instalments, which can be served as community service if the person convicted agrees (art. 53).

A special procedure

These offences work differently from almost all others:

• They are only prosecuted on a private criminal complaint (querella) by the injured person or their legal representative. A report at the police station is not enough. There is one exception: the case is prosecuted automatically when the offence is directed at a public official, authority or officer in relation to their duties (art. 215.1).
• Prior conciliation hearing (acto de conciliación): a criminal complaint for insult or calumny between private individuals will not be admitted unless it is shown that a conciliation hearing with the defendant has been held or attempted (art. 804 of the Criminal Procedure Act, Ley de Enjuiciamiento Criminal).
• Very short time limit: calumny and insult become time-barred after one year (art. 131). If you let the time pass, you lose the right to bring criminal proceedings.
• Offensive remarks made in a trial: bringing a complaint requires prior leave from the judge or court that heard that trial (art. 215.2).
• Forgiveness ends the case: if the injured person forgives, the proceedings end (art. 215.3).

There is also a civil route to protect honour, governed by Organic Law 1/1982 (Ley Orgánica 1/1982), which allows you to claim compensation and the removal of the content without seeking a criminal penalty. We help you choose the route that best fits what you want to achieve.

If a complaint has been filed against you: how we defend you

1. We check the formal requirements: that the complaint was filed by the injured person, that conciliation was attempted and that no more than a year has passed. A defect here can close the case.
2. We analyse the context: freedom of expression and information protects criticism, even harsh criticism, especially on matters of public interest. Not every annoying expression is an offence.
3. In calumny cases, proving that the offence alleged is true exempts you from punishment (art. 207). In insult cases, truth is a defence when the remarks are directed at officials in relation to their duties or concern administrative infringements (art. 210).
4. We consider a retraction: if you acknowledge before the judge that what you said was false or unproven and retract it, the penalty is reduced by one degree (art. 214). Sometimes an agreement at the conciliation hearing avoids proceedings altogether.
5. We review the digital evidence: who actually controls the account, the integrity of the screenshots and how widely the content was spread. More detail under cybercrime.

If you have been defamed or insulted

Act quickly: you have one year. Keep reliable evidence of the post (link, date, certified screenshots if possible) and of how widely it was spread. We file the request for conciliation and, if no agreement is reached, the criminal complaint, and represent you as a private prosecutor to seek a conviction, compensation and publication of the judgment.

If, in addition to the offensive remarks, there are intimidating messages or continued harassment, other offences may be involved: see threats, coercion and harassment. And if someone has falsely accused you of an offence before the police or the court, the case may be a false accusation.