Slander and Insults on Social Media: Defence
In this article
Key Takeaways
- Slander: Art. 205 Criminal Code
- Serious insults: Art. 208 Criminal Code
- Publicity aggravates the penalty
- Truth defence and freedom of expression
On social media, slander (Art. 205 CP) is attributing a crime to another knowing it to be false or with reckless disregard for the truth; where published it carries 6 months to 2 years in prison or a 12 to 24-month fine. An insult (Art. 208 CP) is an expression that harms another person's dignity; only serious insults are prosecuted and, made publicly, they carry a 6 to 14-month fine. Posting on an open social network amounts to the publicity that aggravates both offences; against slander the truth defence is available (proving the imputed fact), while for insults the boundary lies in freedom of expression.
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Social media has multiplied disputes over honor. As criminal lawyers in offences against honor, we distinguish the two basic offences and their defence.
Slander (Art. 205 Criminal Code)
Slander is committed by anyone who attributes a crime to another knowing it to be false or with reckless disregard for the truth. The penalty is 6 months to 2 years in prison or a 12 to 24-month fine where published. It is the most serious offence against honor because it attributes a specific criminal act.
Insults (Art. 208 Criminal Code)
An insult is an action or expression that harms another person dignity, damaging their reputation or self-esteem. Only serious insults are prosecuted; made publicly, they carry a 6 to 14-month fine.
The "Publicity" Factor Online
Sharing the message on an open social network amounts to the publicity that aggravates both offences. The author of the content is liable, and resharing or reproducing a defamatory message may create personal liability. Keeping screenshots with date and URL is essential as evidence.
Constitutional Court Ruling 52/2026: Posting Without Verifying Is Not Protected
The Plenary of the Spanish Constitutional Court has set doctrine directly applicable to these cases. Ruling (STC) 52/2026 of 8 July (Official State Gazette of 3 August 2026, BOE-A-2026-16927) upholds a criminal conviction for slander with publicity imposed on a person who posted on Facebook information damaging the honor of two police officers without first using any source of verification: the Court rejects the claim that the conviction breached freedom of expression and information. The ruling includes a dissenting opinion.
The practical consequence cuts both ways. For anyone posting: attributing criminal acts on a social network without minimally checking the information falls outside constitutional protection and can lead to a conviction. For the defence: diligence in verification (which sources were consulted and when) becomes a central element of the case, in line with the "reckless disregard for the truth" of Art. 205 CP.
Defence Strategy
Against slander, the truth defence (proof of the imputed fact) is available. For insults, the line lies in freedom of expression and the right to criticize. Retraction and reparation can mitigate the criminal response.
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Frequently asked questions
What is the difference between slander and an insult?
Slander (Art. 205 CP) is attributing a specific crime to another person knowing it to be false or with reckless disregard for the truth. An insult (Art. 208 CP) is an expression that harms a person's dignity; only serious insults are prosecuted. Slander is the more serious conduct because it attributes a criminal act.
What is the penalty for slander or insults on social media?
Slander made publicly carries 6 months to 2 years in prison or a 12 to 24-month fine. Serious insults made publicly carry a 6 to 14-month fine. Posting the message on an open social network amounts to the publicity that aggravates both offences.
Does sharing a defamatory message create liability?
It can. The author of the content is liable, but resharing or reproducing a defamatory message can create personal liability. Keeping screenshots with the date and URL is therefore essential as evidence.
How is an accusation of slander defended?
The truth defence is available against slander, meaning proving that the imputed fact is true. If it is shown that the criminal act attributed is genuine, liability is excluded. Retraction and reparation can also mitigate the criminal response.
Is every criticism on social media an insult?
No. The boundary lies in freedom of expression and the right to criticize. Only serious insults amount to an offence; criticism, even harsh, that is protected by freedom of expression is not punishable.
Does freedom of expression protect me if I post an unverified accusation?
Not necessarily. Constitutional Court ruling STC 52/2026 of 8 July (Official State Gazette of 3 August 2026) upheld a conviction for slander with publicity against a person who posted on Facebook information damaging the honor of two police officers without using any prior source of verification: the Court found no breach of freedom of expression or information. Before attributing criminal acts on social media, the information must be minimally verified.
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