Social media has turned personal, professional and business disputes into immediate reputational risks. A post on X, Instagram, Facebook, TikTok, LinkedIn, an online forum or a public review can spread within minutes and affect a person’s reputation, career, business or private life.
When the published content goes beyond expressing an opinion and instead contains false accusations or serious attacks on someone’s reputation, legal action may need to be considered.
Not Every Offensive Comment Is a Criminal Offence
The first step is to distinguish between criticism, a harsh opinion or an isolated insult and a publication that may have legal consequences.
Under Spanish law, a false accusation may amount to criminal slander (calumnia) if someone is falsely accused of committing a criminal offence while the person making the accusation knows it is false or acts with reckless disregard for the truth. Publicly claiming that someone has stolen, committed fraud, assaulted another person or committed any other crime may therefore have criminal consequences if the legal requirements are met.
A publication may also constitute criminal insult (injuria) where it seriously damages a person’s dignity, reputation or self-esteem. However, criminal insult requires a high level of seriousness. Not every unpleasant, offensive or hurtful comment reaches that legal threshold.
Why Preserving the Evidence Is Essential
One of the most common mistakes is reacting impulsively or simply taking a few screenshots. Social media posts can be deleted, edited or disappear altogether. Before taking any legal action, it is important to preserve the evidence properly.
It is generally advisable to collect:
- Complete screenshots of the publication.
- The direct URL or link.
- The date and time when the content was viewed.
- The profile or account that published it.
- The number of views, comments, shares or other interactions.
- The context of the conversation.
- Possible witnesses.
- Evidence of the publication’s dissemination and impact.
In some cases, it may also be advisable to use digital evidence certification services, obtain a notarial record or commission a forensic IT report to strengthen the evidential value of the publication.
What Legal Options Are Available?
Legal action does not always have to begin with criminal proceedings. Depending on the circumstances, several alternatives may be considered:
- A formal request for the removal of the content.
- A request for a correction or retraction.
- A complaint submitted to the social media platform.
- A conciliation procedure.
- Civil proceedings to protect the right to honour and reputation.
- Criminal proceedings for slander or criminal insult, where appropriate.
- A claim for damages.
The most appropriate course of action will depend on the content itself, its seriousness, whether the author can be identified, the extent of its dissemination, the available evidence and the objectives of the affected person.
When Should You Consult a Lawyer?
It is advisable to seek legal advice as soon as possible if the publication:
- Falsely accuses you of committing a crime.
- Damages your professional or business reputation.
- Has been widely shared or gone viral.
- Appears in internet search engine results.
- Has been published by a competitor, former employee, client or former partner.
- Is causing personal, professional or financial harm.
An early legal assessment can determine whether there are sufficient grounds to act and help identify the most effective strategy, whether that involves removing the content, negotiating a resolution, initiating conciliation proceedings, bringing a civil claim or, where appropriate, commencing criminal proceedings.
Conclusion
If false accusations or serious defamatory statements have been published about you on social media, it is generally unwise to react impulsively. The first priority should be to preserve the evidence and assess whether the publication has legal significance. Once that assessment has been made, an appropriate legal strategy can be developed to protect your reputation and seek accountability where justified.
At Ferrer-Bonsoms Lawyers, we review online publications, reviews and accusations to assess their legal implications and advise on the most appropriate legal response in each case.