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Legal Analysis

Cyberstalking on Social Media in Spain: What Evidence You Need

calendar_todayFebruary 27, 2026

Last updated:

The offence of stalking (Art. 172 ter CP) punishes anyone who harasses a person insistently and repeatedly, seriously altering the development of their daily life. In the digital age, harassment occurs mostly through WhatsApp, Instagram, calls and the creation of fake profiles.

How to Prove Digital Harassment

Simple "screenshots" may be insufficient if challenged. It is necessary to provide technological certifications (notarial records of display or timestamps from trusted third parties) to secure the evidence. The key to the offence is proving the "serious alteration of daily life": that the victim had to change phone number, close social media accounts or modify their daily routines because of the harassment.

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