Be careful what you write on Social Media in Spain
Be careful what you write on Social Media in Spain – A woman has been sentenced to pay 3,650€ for criticising being charged a piece of bread
BE AWARE Spain has very strict Slander and deformation of character laws (article 205 and 208 of the Spanish Criminal code), so before posting about a venue/person, think carefully or you could end up with a very large fine.
Reported on 26th October 2018 in the Spanish El Mundo Newspaper
The Court number 1 at Colmenar Town Hall (in the province of Malaga) has issued a sentence that rules a women to pay 3,650€ for posting a message on Facebook in which she described a cafeteria owner as ” a starving rat” when they charged her 0.25 cents for a slice of bread she ordered for their baby.
Edificio del Ayuntamiento de Colmenar Viejo
The owner reported the comment in which she explained that they had gone to breakfast at a local Cafeteria and ordered a slice of bread for her daughter of 13 months, and “they looked at me as if I owed them my life for asking for a crust of bread for a baby. ”
When questioned, the owner of the establishment said that “they had a new customer,” in reference to the child, and charged her for the “bit” of bread-
The woman added, “They must be starved to have that attitude”, and attempted “to lose them a few customers”.
Subsequently, the owner stated that that message constituted an illegitimate interference with her reputation, and therefore asked the woman to retract the post. In response, the baby’s mother modified the original comment and eliminated the words “rats” and “starved”.
However, she added that she had erased those words “because they were not really necessary” as the actions define themselves” because ” not even a starving person would deny a piece of bread to a baby”.
After the complaint, the defendant argued in writing that her statements were not insulting or violating the honor of the affected, because “there had been no desire to undermine the dignity” of anyone, and claimed that the right to freedom of expression.
However, finally the judge has decided that there was damage to the owner of the premises and forces the defendant to compensate the owner of the premises with 3,650 euros.