Defamation in Spain: How to Report Injurias and Calumnias

🇪🇸 Read the original in Spanish

In the digital age, where social networks and instant messaging applications amplify any message in a matter of seconds, a person's honor has become more vulnerable than ever. In Spain, the right to honor, personal and family privacy, and one's own image is a fundamental right protected by the Spanish Constitution. However, when this limit is crossed with false accusations or serious insults, we enter the realm of Criminal Law. If you are a victim of offensive comments, unfounded rumors, or accusations of crimes you have not committed, it is essential that you know your rights, the differences between offenses against honor, and the exact legal procedure to defend yourself and demand accountability.

1. Substantive Rules: Key Differences Between Injurias and Calumnias in the Penal Code

To initiate any successful legal action, the first step is to correctly identify the type of offense we are facing. The Spanish Penal Code (approved by **Ley Orgánica 10/1995* [Organic Law 10/1995]) regulates offenses against honor in its Title XI, clearly distinguishing between calumnia (slander/calumny) and injuria* (insult/defamation).

The Offense of Calumnia (Article 205 of the Penal Code)

Calumnia is the false accusation of a crime made with knowledge of its falsehood or with reckless disregard for the truth.

• Requirements: It is not enough to attribute ethically reprehensible or antisocial behavior to someone; it is mandatory to impute a specific act that is classified as a crime in the Penal Code (for example, accusing someone of having stolen money from a company's cash register, of having assaulted their partner, or of having committed fraud).
• Falsehood and Intent: There must be knowledge that the accusation is false (animus injuriandi [intent to offend]) or, at least, an absolute disregard for verifying whether what is being said is real or not.
• The "Exceptio Veritatis" (Article 207): The person accused of calumnia will be exempt from any penalty if they manage to prove that the criminal act they imputed to the other person was real and true.

The Offense of Injuria (Article 208 of the Penal Code)

Injuria is an action or expression that damages the dignity of another person, undermining their reputation or attacking their self-esteem.

• Requirements: Unlike calumnia, a crime is not imputed here; instead, insults, disqualifications, or humiliating comments are uttered.
• The Gravity Standard: The Penal Code determines that only injurias which, by their nature, effects, and circumstances, are held in public estimation to be serious will constitute an offense. Minor insults (injurias leves) were decriminalized in the Penal Code reform of 2015 (although they can still be claimed through civil proceedings).
• Injurias with Publicity: If the injurias are carried out with publicity (social networks, media, posters on public roads), the severity increases and, consequently, the associated penalties.

Applicable Penalties and Statute of Limitations

The sanctions for these offenses vary depending on the dissemination the events have had:

• Calumnias with publicity: Punishable by prison sentences of 6 months to 2 years or a fine of 12 to 24 months.
• Calumnias without publicity: Punishable by a fine of 6 to 12 months.
• Serious injurias with publicity: Punishable by a fine of 6 to 14 months.
• Serious injurias without publicity: Punishable by a fine of 3 to 7 months.

The statute of limitations for both offenses is very short: they expire 1 year after the events occurred or from the moment the offended party became aware of them, as established in Article 131 of the Penal Code.

2. Step-by-Step Practical Procedures to Report

The offenses of calumnias and injurias are considered private crimes (or semi-private in very specific cases affecting public officials). This means that the Prosecution Service (Fiscalía) will not act on its own initiative (de oficio); it is the victim who must actively drive the judicial process. Follow these steps to file your complaint with guarantees:

1. Gathering and Preserving Evidence: Before the offender deletes the posts, messages, or videos, you must secure the evidence. Simple screenshots are not enough, as they can be easily challenged in court due to potential manipulation. It is highly recommended to certify digital evidence through a acta notarial (notarial act) or through digital certification platforms using blockchain technology (such as Safe Stamper or equivalents) that record the URL, the content, and the exact date.
2. Identifying the Author: You should try to collect as much data as possible about the author of the acts (first name, surname, address, social media profile, telephone number). If the author is anonymous, the subsequent judicial investigation will attempt to trace the IP address, although this process is complex and requires court intervention.
3. The Mandatory Prior Conciliation (Crucial Step): According to Article 804 of the Ley de Enjuiciamiento Criminal (LECrim - Criminal Procedure Act), a querella (criminal lawsuit) for injurias or calumnias against private individuals will not be admitted if a certificate of having held or attempted an acto de conciliación (act of conciliation) with the respondent is not presented. You must file a papeleta de conciliación (petition for conciliation) in the Juzgado de Primera Instancia (Court of First Instance) of the defendant's domicile, inviting them to retract their statements, apologize, and, if applicable, compensate you.
4. Drafting and Filing the Criminal Lawsuit: If the conciliation act ends "without agreement" (the defendant does not appear or does not recognize the facts), the criminal path is cleared. To pursue these crimes, an ordinary complaint at a police station is not sufficient; a formal querella criminal (criminal lawsuit) must be filed before the competent Juzgado de Instrucción (Investigating Court), which must be drafted and signed by an Abogado (Lawyer) and represented by a Procurador (Court Procurator).
5. Setting the Security Deposit and Investigation: In some cases, the judge may require the posting of a fianza (security deposit) to admit the lawsuit. Once admitted, the investigation phase (fase de instrucción) will begin, where statements will be taken from the defendant and witnesses, and the necessary technological expert evidence will be carried out.

3. Deadlines, Costs, and Key Figures You Must Know

The success of a legal action for injurias or calumnias depends largely on strict compliance with deadlines and a correct quantification of moral damages.

• Statute of Limitations for the Crime: 1 year (Article 131 of the Penal Code). If you let more than twelve months pass since the crime was committed or since you knew about it, you will no longer be able to pursue it criminally.
• Deadline to File a Civil Lawsuit (Alternative Route): If you decide to go through the civil route (Ley Orgánica 1/1982 on the civil protection of the right to honor), the expiration period is 4 years from the moment the affected party could have exercised the action.
• Estimated Cost of Certifying Evidence: A acta notarial of web pages usually ranges between 150 € and 300 €, while online digital certifications can cost between 10 € and 50 €.
• Professional Fees: Filing the lawsuit, attending the conciliation act, and defense in court usually requires an investment in a lawyer and a procurator ranging between 1,500 € and 4,000 €, depending on the complexity of the case and the amount claimed.
• Criminal Fines: The day-fine system (días-multa) in Spain usually sets a daily rate ranging from 2 € (for people without resources) up to 400 € per day for individuals with high economic capacity.

4. Practical Examples of Claims with Figures

To understand how these rules translate into the reality of Spanish courts, we analyze two common scenarios:

Example 1: Professional Calumnias on Social Networks

Carlos is a reputable plastic surgeon in Madrid. A direct competitor creates an anonymous Instagram account and posts that "Carlos operates under the influence of alcohol and has already been disqualified twice for medical negligence". This is completely false.

• Action: Carlos hires an IT expert to certify the posts (350 €) and files a querella for calumnias with publicity after a failed conciliation act.
• Judicial Outcome: The court identifies the competitor through the connection IP. The accused is sentenced to a fine of 12 months with a daily rate of 20 € (total criminal fine: 7,200 €). Furthermore, as civil liability for moral damages and proven loss of clients, they are ordered to pay Carlos compensation of 15,000 €, plus Carlos's legal costs for his lawyer and procurator (3,500 €).

Example 2: Serious Injurias in a Neighborhood Context

Helena resides in a community of property owners (comunidad de propietarios) in Málaga. A neighbor, unhappy with some authorized renovations, plasters the building's entrance hall and elevators with posters saying: "Helena is a thief, a drug addict, and a fraudster who sleeps with anyone to get what she wants".

• Action: Helena photographs the posters, obtains testimonies from three neighbors who saw the author putting them up, and files a papeleta de conciliación. The neighbor refuses to retract. Helena files a querella for serious injurias with publicity (as it was displayed in freely accessible common areas).
• Judicial Outcome: The neighbor is convicted of a crime of serious injurias to a fine of 6 months at a rate of 10 € per day (1,800 € fine). Likewise, the judge establishes compensation for moral damage and impact on her reputation in the neighborhood of 5,000 € and the obligation to publish the conviction on the community bulletin board for 15 days.

5. Mistakes You Must Avoid

Making a strategic mistake at the beginning of the conflict can ruin your chances of success or, worse, turn against you. Always avoid the following:

• Responding with the Same Methods: If you are insulted or slandered, never respond in kind. If you insult back or accuse the aggressor of other crimes without proof, you will lose legitimacy before the judge, who might consider it a "mutual quarrel" where the honor of both parties has been offset, archiving the case.
• Filing a Simple Police Complaint and Waiting: Going to the National Police or Civil Guard station to file a complaint for injurias between private individuals usually ends in the systematic archiving of the proceedings. The law requires a querella criminal with a lawyer and procurator, and a prior attempt at conciliation. Do not waste valuable time at the police station if it is not a public crime.
• Failing to Secure Evidence Correctly: Relying on "everyone has seen it" or providing simple screenshots of WhatsApp or Facebook without certification is a mistake. If the defendant deletes the message or profile and denies having written it, the screenshot will not have sufficient validity if the defense challenges its authenticity.
• Letting Deadlines Pass While Trying to "Sort It Out Amicably": The 1-year deadline for the criminal route flies by. Endless informal negotiations are often a tactic used by the offender so that your right to file a lawsuit expires.

6. Frequently Asked Questions (FAQ)

Can I report someone if the insults or accusations were made in a private WhatsApp group?

Yes. Even if the group is private, if the number of members is high (for example, a school parents' group, a neighborhood community group, or a company employees' group), it is considered that there is dissemination and public significance of the message. The damage to honor still occurs because the affected person's reputation is damaged before third parties.

What is the difference between going through the criminal route or the civil route?

The criminal route seeks the punishment of the offender (fines that go to the State or even prison in extreme cases of calumnias) in addition to compensation. It requires proving a clear intent to harm (dolo). The civil route (LO 1/1982) does not seek prison sentences or criminal records for the offender, but only the repair of the damage through financial compensation and the removal of the comments. The civil route has a much longer statute of limitations (4 years) and is usually more flexible with formal requirements.

What happens if the person who slandered me is an anonymous internet profile?

It is possible to report it, but the process becomes complicated. The investigating court must request the registration data and the IP address from which the posts were made from the corresponding social network (Meta, X, etc.). Subsequently, the telephone operator will be required to identify the owner of that IP. If the offender has used obfuscation tools such as advanced VPN networks, identification may be technologically impossible.

Can I demand that they delete the comments from Google or social networks before the trial?

Yes. At the time of filing the querella or civil lawsuit, you can request the judge to adopt urgent precautionary measures (medidas cautelares), such as blocking access to the offensive comments, the provisional removal of videos, or the temporary closure of the website where the calumnias are being poured, in order to prevent the reputational damage from continuing to grow during the processing of the case.

What is "retractation" and what effects does it have on the criminal process?

Article 214 of the Penal Code establishes that if the person accused of calumnia or injuria retracts them before the judge, acknowledging the falsehood or lack of foundation of their accusations, the judge will impose the penalty immediately lower in degree and may decline to impose the disqualification penalty if applicable. In addition, the judge will deliver a testimony of the retraction to the offended party so that they can give it the same publicity that the offenses had.

7. In Summary

• Calumnia is imputing a false crime with disregard for the truth; injuria is uttering serious insults that damage dignity.
• Both offenses expire within the strict period of 1 year from the moment you become aware of the facts.
• It is mandatory to attempt a prior act of conciliation (acto de conciliación) in the court of first instance before you can file a criminal lawsuit.
• For the criminal route, it is essential to act through a querella criminal, with the mandatory intervention of an Abogado and Procurador.
• Simple screenshots are not enough; it is crucial to digitally or notarially certify the evidence before the author deletes it.
• The civil route (with a 4-year deadline) is an effective alternative if you only seek financial compensation and the clearing of your public image without demanding prison sentences.

General legal information, not personalised legal advice. For your specific situation, ask your question for free at AbogadoAI — answers grounded in Spanish law (BOE), in English.

This is general information, not legal advice. Verify on the BOE or consult a lawyer for your specific case.