Why We Moderate CAB Spain Group Page Strictly

On the 5th of May this year the Supreme Court ruled in a Civil Court case, initiated by an individual because of offensive comments on a public forum of a webpage.

The Supreme Court ruled that the individual´s honor was indeed defamed and that the owner of the webpage was also responsible for the removal of such comments, as soon as he/she was aware of them and by not doing so, also liable to pay damages to the insulted party. From the sentence it became clear that one is legally bound to arrange for precautions and a way to control the content of comments on a public forum, e.g. by appointing moderators. And to make sure those moderators know what to do to make sure the ´derecho al honor´ of all concerned is protected.

Just to point out that freedom of speech only goes so far, and that the line between freedom of speech and actual libel is a very fine line. Freedom of speech does not include the right to insult someone, on the contrary. The words used on the public forum were ´chorizo´, ´estafador´ and ´sin vergüenza´, equivalent to ´nitwit´ or ´thief´,´ fraudster´ and a ´shameless person´.

Posting this summary of the Supreme Court ruling to illustrate why we at CAB Spain moderate all posts before they can be published on the group, and regularly ask to rephrase before we can approve. As we consider Facebook to be equal to a public forum on a webpage, perhaps even more so, as it is so easy to share posts and comments on other facebook groups, thus possibly multiplying the insults at lightning speed.

And as you know, we have moderated this way since day one of our existence.

Please note: The information provided is based upon our understanding of current legislation. It is not legal advice but is provided freely to enable you to be properly informed. We recommend that if you are considering taking action, you should seek professional advice.