False accusations of crime on social media: when an allegation can have criminal consequences

The news: what the Constitutional Court decided

The Constitutional Court judgment STC 52/2026 of 8 July, published in the BOE on 3 August, dismissed the constitutional rights appeal of a councillor convicted of publicly disseminating false criminal accusations following a Facebook comment about police action in Salamanca.

The Court distinguished between the facts supported by a video and further accusations added by the author. It considered the verification of what the footage showed to be sufficient, taking into account that he was not a journalist. However, other serious allegations, such as claims of a record of torture or obtaining a false medical report, had not been verified.

The judgment includes a dissenting opinion, which considered that freedom of expression had been infringed and that the criminal law response was disproportionate. The majority dismissed the constitutional rights appeal. Having a source for part of the account did not automatically substantiate every accusation published. The full reasoning is available in the official source linked at the end.

The legal rule: an offensive statement alone is not enough

Article 205 of the Spanish Criminal Code requires an accusation of a criminal offence made with knowledge of its falsity or with reckless disregard for the truth. An argument, an unpleasant criticism or a mistake does not, in itself, establish the offence of making false criminal accusations (calumnias). The elements required by law must be present and proved in the proceedings.

Dissemination also matters: Articles 206 and 211 govern false criminal accusations made publicly. Article 215 generally requires a formal criminal complaint by the person affected or their legal representative, with an exception for certain offences against public officials, authorities or their agents concerning the exercise of their duties. The content of the accusation and the person it concerns affect which legal route should be considered.

The firm's commentary: checking each allegation

Our practical approach is to examine each accusation separately. A video may show a struggle but leave unanswered what happened before or afterwards. A conversation may explain how someone experienced an incident without providing documents to support all their conclusions. When preparing a post, it helps to distinguish these different levels of knowledge.

There must be room to criticise public action. That makes it all the more useful to be precise: describe what was observed, identify the source and acknowledge what is still unknown. Adding a word such as ‘allegedly’ should not replace that review. The full wording and its context need proper analysis.

Nor is it wise to treat every attack on someone's reputation as a promise of a criminal conviction. To advise someone who considers themselves harmed, we would start with the specific message, its audience, the sources and the purpose of the consultation. For the person who published the content, we would need to establish what information they had at the time and how they obtained it.

What to keep if the message has already been published

The content and its context. Save the full post, its URL, the date and any relevant replies. A single screenshot may omit the thread needed to understand the message. Keep any original files you have, without altering them.

Sources and correspondence. Gather the documents, videos or messages on which the post was based. If you have received a claim, keep that communication too and record when it arrived. Avoid replying in the heat of the moment or escalating the dispute publicly before assessing the situation.

A simple timeline. Explain what was published, when you became aware of it and what specific effect it has had. This preparation helps you make the most of the consultation and identify any further checks or action needed.

Need advice on a social media post in Tenerife?

If someone accuses you of a crime on social media, or you have received a claim about something you published, the firm can assess the criminal law aspects. In your first conversation, mention any summons or communication with a deadline and tell us which documents you have kept.

You can request a consultation with Abogado Juan, in person in Santa Cruz de Tenerife, by phone or by video call. The assessment is based on the specific facts and available evidence; this commentary does not predict the outcome of any proceedings.