Insults: What are they and how to stop them?

Surely, on more than one occasion, you have heard politicians and public figures of various kinds on television, in the face of certain harmful statements by other people, say that they were going to file a lawsuit for libel. However, do you really know what they are? For this reason, and in order to shed light on the matter, as lawyers specialising in criminal law we have prepared this article. Here we want to explain it in detail and we will tell you what you need to do to stop them if you are suffering from them yourself.

What is meant by insult?

Insult, according to our Criminal Code, is the injury of the dignity of a subject by means of an expression or action that has the purpose of damaging his reputation or attacking his own esteem. This is done by imputation of a quality or a fact that undermines his or her reputation. Its purpose is always to dishonour or discredit a given subject, either in public or behind his or her back.

Depending on its seriousness, insult can be a misdemeanour or a crime. It should be borne in mind, firstly, that the right to honour of all persons is enshrined in Article 18 of the Spanish Constitution, which makes this action prosecutable and reportable. The same applies to slander, which is the other most frequent offence against honour.

Is insult a misdemeanour or a criminal offence?

As we have already mentioned, it depends on the case. In this sense, it is only considered a crime when it is particularly serious, as stipulated in article 208 and following of the Penal Code in force in Spain. In general terms, they are usually considered as such when they are uttered in public, as they are particularly damaging to the honour of the person concerned. However, it is always up to the competent judge to assess each individual case.

Special mention should be made of insults that are connected with the accusation of certain acts. In this case, it would only be classified as a serious offence and therefore a criminal offence if the statement, which can be understood as such, is made with prior knowledge of its falsity or with reckless disregard for the truth.

What are the penalties for insult?

It depends on the case. In the event that they are considered serious, i.e. that they have been made in the public sphere and, in addition, efforts have been made to publicise them, the sentence handed down by the judge, once the facts have been proven, will be a fine of between 6 and 14 months. In the event that they can also be considered serious but no promotion has taken place, the fine will be reduced to between 3 and 7 months. The amount must always be set by the judge at the request of the parties concerned.

Insults considered minor are also typified in the Penal Code. However, to find out what this text says in reference to them, it is necessary to go to article 620.2. As we have already mentioned, they will be understood to be minor offences when they have occurred behind the back of the interested party and have not been publicised in public places.

The fine for minor offences is between 10 and 20 days. Specifically, it must be set by the judge at the proposal of the Public Prosecutor's Office or, failing that, by the judge himself.

Insults and other offences against honour in today's society

It is clear that, thanks to the proliferation of the Internet and, above all, of social networks, the number and variety of crimes and offences of insults committed has grown exponentially. This is mainly due to the fact that these media provide, relatively speaking, a false sense of anonymity, which leads to opinions being expressed which, in many cases, violate people's honour.

How is it possible to curb libel?

The Internet has also made it easier for judges to find arguments to classify libel as a serious offence. The fact is that social networks can be understood, in themselves, as a means of dissemination. After all, once a message is posted on them, it is very difficult to put a stop to it and prevent it from continuing to circulate.

This is a particularly important issue as judges are increasingly finding that the owners of the media through which the damaging messages have been published are jointly and severally liable with those who have committed the offence of libel and, therefore, will have to face the civil liability arising from the action.

This is the main reason why, at present, it is common for social networks, when any person accesses them and proceeds to register, to require the signing of a contract of conditions of use in which it is clearly specified that the content posted by users is not selected, modified or managed by the owner. Likewise, they also state, to cover their own backs, that they do not select the users, so they cannot be held responsible for the opinions and content that users post on the Internet through their medium.

It is also worth remembering, beyond the specifications that appear in the terms and conditions of use of social networks and other opinion spaces on the Internet, that users are solely and exclusively responsible for the content that they themselves upload to the web. Therefore, it goes without saying that, in legal terms, they are obliged to seek the consent of all those who are affected by them. This, of course, is hardly ever the case.

In addition, it would be interesting, when it comes to avoiding culpability for libel, to specify that the accuracy and truthfulness of the content posted cannot be guaranteed. This is a particularly important point, since the dissemination of someone else's opinion does not necessarily entail the commission of such an act.

What can a person do in the face of insults that are hurled at them?

Leaving aside the user who carries out the insults and putting ourselves in the shoes of the person who receives them, the best thing to do, provided that they feel that their dignity has been undermined and that, due to the dissemination of the content, their self-esteem and fame have also been damaged, is to report the facts, firstly, to the social media in which it has happened and, subsequently, to the corresponding court.

As we have already said, the Internet gives users a false sense of anonymity. However, it is becoming increasingly common for those who post opinions and content on the Internet that are harmful to others to have to face their civil and criminal liabilities at a later date.

In short, it seems that, with the passage of time and the entrenchment of the media, we have become accustomed to coexisting with the crime of libel. However, as honour is specially protected in the Spanish Constitution, it is perfectly prosecutable and can lead to heavy fines, sanctions and penalties if there is publicity involved.

We hope we have been of help in clearing up any doubts you may have regarding the crime of insult. If you need any further information, please do not hesitate to contact us.