Legal liability on social media: where is the limit?

Legal liability on social media: where is the limit?

In a hyperconnected world where an opinion can travel faster than reflection, social media has become a powerful communication tool and, at the same time, a legally delicate space.

Technological evolution has far outpaced the regulatory response, creating a grey area in which many users mistakenly believe that the digital environment is exempt from legal consequences. However, that is not the case: the Spanish legal system establishes clear, though not always well-known, limits that must be respected. The Spanish Constitution guarantees freedom of expression in Article 20, but immediately sets its boundaries in relation to equally fundamental rights such as honour, privacy, and one’s own image, enshrined in Article 18. This duality has been a constant source of conflict and legal interpretation, with the Constitutional Court reiterating that freedom of expression cannot be used as an excuse for insult, slander, or the unjustified exposure of someone’s private life.

From a civil law perspective, Organic Law 1/1982 allows individuals to claim for unlawful intrusions into these rights—something increasingly common due to offensive posts or the dissemination of images without consent. This reflects a worrying decline in social awareness about the reputational and emotional harm that a simple click can cause.

From a criminal standpoint, the Spanish Penal Code is clear: slander, defamation, threats, harassment, or the unauthorized sharing of intimate content are criminal offences that do not lose their relevance just because they occur in a digital context; on the contrary, the publicity that social media offers can even aggravate their impact.

Added to this is data protection regulation: the LOPDGDD and the GDPR prohibit the dissemination of personal data without consent—an aspect often overlooked by users who post screenshots, conversations, or private information without any caution, believing that their personal profile grants them immunity.

This irresponsibility also extends to companies and influencers, whose social media accounts, even when managed informally, are subject to legal responsibility and must comply with advertising and competition regulations.

Having seen numerous legal proceedings where the harm had already been done before reaching court, I believe the real key lies in digital legal education: it’s not just about prohibiting or punishing, but about raising awareness of the consequences of our online actions. Social media is a global and permanent public square, where every word and image can be recorded and used against you.

Ultimately, the limit lies where another’s rights begin. Apparent anonymity does not exempt one from liability, and while the right to freedom of expression is essential in a democracy, so too is the duty to exercise it with respect, accuracy, and prudence.