Hello Alba, I would lack data to be able to answer both criminally and civilly: it is not the same to externalize that someone has been prosecuted for debt x amount as to say without saying more than guilt, without there being a penalty that deems it necessary, even if it is private, public, if it is verbal or otherwise, to facilitate its disclosure (such as social networks, etc.). However, if you want a more personalized response, you can contact me. But who really hides behind a hater (their goal is to degrade, lower self-esteem, harm someone), a troll (comments are just annoying for a while, but usually don`t go any further) or the cyberbully (is a repeat offender)? We tried to create his robot portrait with the help of a psychologist. If you start arguing with someone in the comments of a Facebook post and the two insult each other, is it a crime on both sides? Since the agreement to continue the discussion is of both parties. “We must agree with the acquittal of the applicant with regard to the minor offence of defamation, as the accusation was not brought by a party entitled to do so, since article 173.4 of the Criminal Code clearly and exhaustively states that `insults may be prosecuted only on the complaint of the injured party or his legal representative`, and this, in logical accordance with his consideration as a private violation. So a hater is first and foremost a cowardly person. You can criticise anything that should be constructive in principle, although we know that, unfortunately, this is not the case. For the hater, there is no constructive: he goes further: he criticizes and continues from the cowardice implied by having a screen in between. It is usually someone who is very frustrated and may have few interests or things to do in his meaningless life (work, social, couple…). This is associated with low self-esteem. And lots of free time. This is why he may be so aware of social media and his victim(s).
» What is offensive? What hurts the person, who is rejected by society, usually any offensive expression. Sorry, I hadn`t seen it. Well, one might wonder if it is directly addressing someone who was or is your partner, as it could be in a comment on their profile or by message. So criticizing doesn`t mean offending, but where is the limit? My ex-boss who let me work in the kitchen of an illegal bar from 6pm to 3am for 20 euros a day and how I yell at myself in the neighborhood every time he crosses it, I can not do anything fenceland We tell you how to report insults on Facebook, verbal aggression on Whatsapp. If you think you should report someone for an insulting crime, check out the steps below to learn how you should go about reporting the insult: Hello good night My boyfriend or partner just insulted me on WhatsApp and told me he was leaving me because I`m the daughter of one, I disgust him, hate it I only served for sex, that I`m a fox, that I`m going to shit, etc. I have the plugs. These are called insults and I can denounce it??? Thank you very much. “I want to believe that the solution lies in education,” says Sara García of Stop Haters. “Minors need to know that you can do the same damage behind a screen as you can do in person. Adults need to understand once and for all that they cannot rely on free speech to insult, that your freedom of speech ends where mine begins, and that insulting is a crime. What is encouraging is that we are getting more and more calls from schools, and that seems very relevant to me because it means that society itself wants to know what is happening here.
The truth is that after the reform, the only procedural solution that remains is to introduce an action for the civil protection of the right to honor, privacy and self-image protected by Organic Law 1/1982. Therefore, I believe that it will now be more difficult to make amends and to contain minor insults, since the mechanism left to the injured party is to initiate civil proceedings (lawyer, lawyer, etc.) of a certain complexity, delay and uncertain outcome. Therefore, it may be free for the perpetrator of minor insults to insult another person by calling them a whore, a pimp or a bastard. “We find everything from an account stealing someone`s photos to get a Badoo profile or another social network to flirt, to a profile constantly accusing someone of being an abuser or scammer. These cases are not too serious, but sometimes we are really afraid of people, like a girl who received pictures of a person from the door of her work, her house, the places the young woman visited and said, “Look where I am, I`m here.” It turns out he didn`t even live in Spain. What happened was that she posted his locations on Instagram, and then he went to Google Maps and took the photos of the same places and sent them to her. So that you can see that we are not really aware of the personal data we publish on our social networks. In the end, we contacted the stalker, told him we knew what he was doing and that we were going to take legal action. He died of fear and disappeared,” Sara explains. If someone has filed a complaint with you for insults on the Internet, it can really be a crime. In particular, that contained in articles 208 to 210 of the Criminal Code (insults), which provides for a fine of 6 to 14 months. Making insults or insults through a social network will always result in the aggravating circumstance of “advertising”, since it is assumed that the Internet will give access to its publications to a large number of people, so it will always be worse to insult another person on a social network (if the crime of insult does not occur with advertising, there would be a fine of three to seven months).
In general, all crimes that can be committed on the Internet can be committed in the real world, it is enough to take into account certain specifications that vary, such as the place of commission, the time when it takes place or the difficulty of obtaining evidence, finding the perpetrator of the crime or, as in this case, the publicity they imply. On the other hand, anyone who says that another person has committed a crime that is a lie or has not bothered to verify whether it is true or not will commit a crime of defamation. The difference between defamation and defamation is that defamation reports that someone has committed a “crime,” and defamation can be anything as long as it`s a lie. It is covered by articles 205 to 207 of the Criminal Code. The penalty is imprisonment from six months to two years or a fine of twelve to 24 months. As with insults, if the defamation is carried out on a social network, it will result in the aggravating circumstance of “advertising” and therefore the penalty will be heavier (if it is not made with advertising, the penalty will be a fine of 6 to 12 months). To commit a crime of defamation, it is necessary for the person who accuses another person of having committed a crime to do so knowing that that person did not commit that illegality. In addition, they are usually exacerbated by advertising (insult in media such as television, press, Internet, radio …). Of course, it is necessary to emphasize that for the insult to be a crime, it must be quite serious.
Not only are you saying that an insult commits a crime, but that insult must attack the dignity, fame or self-esteem of the other person. It seems right to change and bring down the courts with this absurdity of lack of education of the people. The Guardia Civil should not be available to take complaints from what they called me an asshole, because the one who calls someone an asshole is because that person has already done something to him. I think it is a matter of courtesy, which is sorely lacking in this country. SINMPLEMENTE EDUCATION. And that it doesn`t have to be the courts telling people “you can`t offend.” The fact is that they do not insult each other, but accordingly. Sometimes those who denounce are the ones who have to remain silent the most and who also make many false complaints. If someone takes a picture and involves another person (a stranger who appears in the background behind and has not given permission to be photographed) and that second person makes a sleeve cut, can it be reported? Could he get in trouble because of the offensive gesture? Do you want to know who they are? I will go through the people listed in this legal principle below for you to consider: insult can also consist of saying that someone has done something when it is not true and the person making the statement knows it.