Disinformation and Hoaxes in Spain: A Legal and Societal Overview

Misinformation has become a pervasive issue, ranking as the 18th most pressing problem in Spain according to recent research from the Center for Sociological Research (CIS). Globally, the World Economic Forum identified disinformation as a major global threat in 2024 . This article examines the legal landscape surrounding disinformation and hoaxes in Spain, exploring definitions, potential legal consequences, and ongoing efforts to combat their spread.

Defining Disinformation and Hoaxes

The European Commission defines disinformation as “false or misleading messages that are created, presented and disseminated for profit or to deliberately deceive the public and that may cause public harm.” A hoax, but, must be “verifiably false or misleading,” excluding opinions or interpretations. The Spanish Forum against Disinformation Campaigns defines a hoax as “false or misleading information that is intentionally disseminated to manipulate or deceive,” often spread through social networks and media, aiming to create confusion, distrust, and influence public opinion.

While definitions vary, disinformation is generally considered a broader concept encompassing hoaxes.

Is Spreading Hoaxes Illegal in Spain?

Currently, the dissemination of hoaxes is not explicitly criminalized in the Spanish Penal Code. However, certain instances may fall under existing laws, specifically Article 510 of the Penal Code, which addresses “acts of injury to the dignity of the groups towards whom it is directed.”

A 2024 report by the Spanish Forum against Disinformation Campaigns notes a lack of established jurisprudence regarding disinformation in the context of hate crimes. However, in 2022, Spain saw its first conviction of an individual for spreading hoaxes that falsely blamed unaccompanied foreign minors for an attack against a woman.

Legal Ramifications of Fake News in Spain

According to Carlos Galán, director of the Master in Intelligence Analysis and Cyberintelligence at Nebrija University, guidelines from the State Attorney General’s Office (FGE) in 2020 remain relevant regarding fake news and the Spanish legal system. Depending on the content and intent, various criminal charges may apply:

• Hate Crimes: The FGE cites examples of falsely attributing criminal acts to unaccompanied minors, potentially leading to charges under Article 510.2 of the Penal Code, punishable by 6 months to 2 years imprisonment and a fine.
• Discovery and Revelation of Secrets: Spreading disinformation alongside the disclosure of personal data could constitute a crime under Article 197.3 of the Penal Code, with penalties of 2 to 5 years imprisonment.
• Crime Against Moral Integrity: In severe cases involving individual victims, fake news could be considered a crime against moral integrity (Article 173.1 CP), carrying a sentence of 6 months to 2 years imprisonment.
• Public Disorders: False information regarding terrorist attacks or catastrophes that trigger alarm and require emergency services could be classified as a crime of public disorder (Articles 561 and 562 CP), punishable by 3 months and 1 day to 1 year imprisonment or a fine.
• Insults and Slander: Disseminating false information could also lead to charges of libel (Article 209 CP) or slander (Article 206 CP).
• Crimes Against Public Health, Scams, or Intrusion: Promoting unverified curative methods or fraudulent schemes could violate laws related to public health (Articles 359 and following of the Penal Code), fraud (Article 248 et seq.), or intrusion (Art. 403).
• Crimes Against the Market and Consumers: False or misleading advertising claims that cause harm to consumers could be prosecuted under Article 282 CP.

Combating Misinformation: Resources and Initiatives

Organizations like Newtral.es are actively working to combat misinformation, offering fact-checking services via WhatsApp and tools to help individuals verify information before sharing it.