Online hate and threats in Spain and how to report them

Terms used

• Delitos Telemáticos — Delitos Telemáticos are the police units that investigate crimes committed online.
• CNMC — The CNMC is Spain's markets and competition authority, which also acts as digital services coordinator for platform complaints.
• AEPD — The AEPD is Spain's data protection agency, which handles unauthorised sharing of personal data or images.
• ONDOD — The ONDOD is the Interior Ministry's national office for fighting hate crimes.
• Fiscalía — The Fiscalía is the public prosecutor's office, with hate-crime specialists in each province.

Key rules

• Evidence: Capture proof before you report, and never delete the original post or messages.
• Emergencies: If you are in immediate danger, call 112 or 091/062.
• Platform failures: If a platform ignores its duties, complain to the CNMC.
• Private images: Unauthorised sharing of your images or data goes to the AEPD.

Which online conduct is a crime

Some online behaviour is a crime in Spain, not just rude. You can report it.

• Hate speech. Publicly inciting hatred, hostility, discrimination or violence against a person or group because of a protected characteristic. This includes making or sharing hateful material, and publicly trivialising or glorifying genocide. The penalty is higher when it is done on the internet or social media, because many people can see it.
• Threats.
• Stalking, including repeated unwanted online contact.
• Sharing private data or images without permission.
• Insults and defamation online.

A discriminatory motive can also make another crime more serious.

Keep the evidence first

Preserve the content before you report. Posts get deleted, and screenshots alone can be challenged.

• Screenshot the post with the full address, username, date and time. Save the link too.
• Note the profile details and the number of views or shares.
• Keep original messages, files and e-mails unedited, and store several copies.
• For stronger proof, use a notary, a forensic expert or a certified capture service. These can cost a lot, and the court decides whether the evidence is accepted.
• When you file a police report, ask the officers to record the evidence and to ask the platform to keep the data. A court can also order the platform to keep and hand over data.

Do not delete the original post or messages. Do not confront the author. The documents list below gives the full detail.

What platforms must do

Platforms that host user content in the EU must give you an easy way to report illegal content. They must act on reports carefully. They must tell you and the user who posted it what they decided, and why.

Reports from "trusted flaggers" (organisations approved for this) get priority. If you disagree with a decision, you can use the platform's complaint system, then an out-of-court dispute body, then the courts.

If a platform ignores its duties, complain to the CNMC, Spain's digital services coordinator. The CNMC handles platform failures. It does not remove the content itself.

Who takes your report

• Police. The Policía Nacional and Guardia Civil both have online-crime units (Delitos Telemáticos). You can also report at a station. Regional police such as the Mossos d'Esquadra and Ertzaintza take reports too.
• Prosecutors. The Fiscalía has hate-crime specialists in each province.
• ONDOD. The Interior Ministry's national hate-crime office coordinates these cases.
• AEPD. Go here if your images or personal data were shared without permission. It has a priority channel for intimate content.

If you are in immediate danger, call 112 or 091/062. The resource and checklist below show where to report and in what order.

Be careful

Posting hateful content yourself can be a crime. A platform may also not act on your report, so report to the police as well when the content is serious.

Documents you need

• Screenshots showing the full URL, username, date and time, plus the saved link to the page or post, with profile details and the number of views or shares

• Original files, messages and e-mails, kept unedited, with several copies stored

• A notary's acta de presencia digital, a record of the online content made by a notary, for stronger proof

• A forensic expert report (peritaje informático) or a hashed capture from a certified third-party service, as another stronger option than screenshots

Checklist

• Use the platform's notice-and-action tool to report the illegal content, and keep the decision it sends you.

• Ask a trusted flagger to send the notice if you can, because platforms must process those notices with priority.

• File a complaint with the CNMC, Spain's digital services coordinator, if the platform does not follow its duties.

• Report unauthorised sharing of your images or personal data to the AEPD, Spain's data protection agency, and use its priority channel for intimate content.

• Contact the Delitos Telemáticos unit of the Policía Nacional or Guardia Civil to report online threats.

What to watch out for

• Posting hateful content yourself can be a crime: Producing or sharing hateful material, or glorifying genocide, can be a crime, with a higher penalty when it is done online or on social media. Threats, repeated online contact (stalking), insults and defamation are also offences. Do not reply with insults or threats, and do not repost the content. Report it instead.

• Confronting the author or deleting content can hurt your case: Replying to the author can escalate things, and deleting the original post or messages can destroy your proof. Keep the originals, do not contact the author, and save evidence first.

• A platform may not act on your report: Platforms must act on notices diligently and explain their decision, but reporting to them does not replace a police report. Report to the platform and to the police at the same time, and keep the platform's reply.

Where to report hate crime and online hate in Spain

Where to report online hate and threats

• Emergency services: Call 112 if you are in immediate danger. Call 091 for the Policía Nacional or 062 for the Guardia Civil.

• Policía Nacional: File a denuncia at any station, or use the online report form. The Delitos Telemáticos unit deals with online crime.

• Guardia Civil: File a denuncia at any post, or use the online report channel. Its Grupo de Delitos Telemáticos handles online crime.

• Regional and local police (Mossos d'Esquadra, Ertzaintza, Policía Foral, local police): File a denuncia in person if you live where one of these forces operates. Many towns also use 092 for local police.

• Juzgado de guardia (duty court): File a denuncia in person directly with the court.

• Fiscalía (provincial prosecutor's office): Report to the hate-crime and discrimination prosecutor in your province.

• AlertCops app and the Interior Ministry's hate-crime online form: Send a report from your phone or computer. Online forms may let you report without giving your identity at first, but an anonymous report only alerts the police. To start a court case and get victim rights, you must identify yourself and confirm the report.

• ONDOD (the Interior Ministry's national hate-crime office): Report a hate incident online. It coordinates hate-crime work across Spain.

• The platform where the content appears: Use the platform's report form for illegal content. Platforms in the EU must make reporting easy, act on reports, and tell you their decision and the reasons.

• CNMC (Spain's competition and markets regulator): Complain if a platform does not follow its duties to handle reports of illegal content. Report the content itself to the police.

• AEPD (Spain's data protection agency): Report images or personal data shared without your consent.

• Support groups (FELGTB, Movimiento contra la Intolerancia, Fundación Secretariado Gitano): Ask for free support and help to report. The Servicio de Atención a Víctimas and regional victim lines also help.

Frequently asked questions

Can a notary help me preserve an online hate post?

Yes, a notary can issue an acta de presencia digital, which records what the post looks like online and is harder to challenge than a screenshot. A forensic expert report or a hashed capture through a certified service works the same way. A notary or expert can cost a significant amount, so ask for the price first.

What can I do if a platform ignores my report of hate content?

You can use the platform's internal complaint system, then an out-of-court dispute settlement body, and finally the courts. You can also complain to the CNMC, Spain's digital services coordinator, about the platform not following the rules. The content itself can still go to the police or prosecutors.

Who handles someone sharing my private photos or data online?

The AEPD, Spain's data protection agency, handles unauthorised sharing of images or personal data. It has a priority channel for intimate content. Sharing private data or images can also be a crime, so you can report it to the police too.

Can the police ask a platform to keep the data about a post?

Yes, when you file your complaint you can ask the police to record the evidence and request that the platform preserve its data.