Lawyer Smart Card appreciate, that expatriates are the ones who setup Facebook pages and Forums for the foreign community in Spain. Sadly most of the owners of these groups/pages/forums do not acquaint themselves with the strong libel and defamation laws in Spain. Most are lucky and are either not reported and that is if the person, business notices that they are being libelled.
It appears that the owners of these forums conclude that the responsibility of what is posted is on the poster, that is not the case as it is the forum allowing the libel and proceeding to publish is the one who is responsible. The poster can also find themselves facing charges if the person/business notice the libellous comments.
The compensation to be paid by the person/forums/groups and publications can be a high depending on the damage incurred.
Spanish newspapers when reporting incidents or crimes where suspects have been arrested, at the most May publish initials. The full names of suspects can only be published if there is a sentence of culpability from a court.
Lawyer Smart Card suggests that this information may serve as advice or even a timely warning to those who do allow libellous comments on their published sites. This is also the case with “name and shame” groups.
Basically to be able to publish in any format anything detrimental against a person or entity, must have clear proof of what is being said. Some appear to post nonsense with no knowledge but the desire to be noticed.
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