Cyberbullying & Criminal Law: How to Act if Charged or Victim

Have you been charged with cyberbullying? Are you being harassed on social media?

As a criminal defense attorney with experience in technology crimes, I see more and more cases where a social media conflict ends up in court. And I also see many complaints that should never have gone that far. The line between an unpleasant argument and a cyberbullying crime is thinner than it seems.

What is cyberbullying according to the Spanish Criminal Code

Criminal harassment is codified in article 172 ter of the Criminal Code, introduced by the reform of LO 1/2015 and subsequently modified. This provision sanctions what is doctrinally and jurisprudentially known as stalking: a pattern of repeated harassment conduct that disrupts the normal development of the victim’s daily life.

It is essential to clarify something: the Criminal Code does not use the term «cyberbullying». What it regulates in its section 1 is repeated harassment, which can be committed both in the physical world and through digital means.

For there to be a crime under art. 172 ter.1 CP, three elements must concur:

• Do you need an expert cyberbullying attorney in Madrid?

Digital evidence: how cyberbullying is proven in trial

Evidence is the piece that decides the case. In my experience defending those accused of digital harassment, the quality of evidence makes the difference between a conviction and an acquittal.

For digital evidence to be admitted, it must meet three requirements:

1. Lawfulness: it must have been obtained without violating fundamental rights. A screenshot from a hacked phone is null evidence.
2. Authenticity: proving that it has not been manipulated. This is where forensic computer expert reports come in.
3. Chain of custody: documenting how the evidence was obtained, stored and presented.

An expert cyberbullying attorney must know how to challenge improperly obtained evidence and request counter-expert reports when screenshots show inconsistencies.

What to do if you’re accused of cyberbullying

First: do not communicate with the complainant. Any message, even to apologize, can be used against you and strengthen the accusation.

A mistake I often see is that the person under investigation tries to explain themselves on their own before speaking with an attorney. That almost always makes the situation worse.

As someone under investigation, you have the right to:

• Access the proceedings of the case.
• Request evidence that supports your version.
• Propose technical expert reports on the devices involved.
• Challenge the prosecution’s digital evidence.

The reality is that many cyberbullying complaints do not reach the criminal threshold. Not every digital conflict is a crime. Repetition, intentionality and serious harm are requirements that the prosecution must prove, and a specialist cyberbullying attorney can dismantle them.

If you are a victim of cyberbullying: how to act

From the victim’s side, three steps are essential:

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   Have you been charged with cyberbullying and don’t know how to act?

Opinion of this criminal defense attorney expert in digital crimes

In the undersigned attorney’s view, cyberbullying is a legal reality that Spanish courts are still learning to calibrate. I have seen severe convictions in clear cases of digital harassment, but also acquittals where the prosecution could not prove repetition or real harm. The key is always in the evidence and procedural strategy.

If you find yourself in this situation, whether as a victim or as someone under investigation, acting quickly makes the difference.

Frequently asked questions about cyberbullying

Is a single offensive message cyberbullying?

No. Article 172 ter CP requires repetition and persistence. An isolated message may be defamation or threat, but not criminal harassment.

Can I be charged with cyberbullying if I have only sent messages to my ex-partner?

Yes. Repeated unwanted contact with an ex-partner is one of the most frequent forms of cyberbullying, and the aggravating factor of affective relationship also applies.

How is cyberbullying proven in trial?

With digital evidence: screenshots, call logs, forensic computer reports and testimonies. The chain of custody of evidence must be impeccable.

What is the difference between cyberbullying and digital school bullying?

The criminal type is the same (172 ter CP), but when it affects minors, juvenile jurisdiction is activated (LO 5/2000) and additional figures such as grooming (183 ter CP) may apply if there is a sexual component.

Can I go to prison for cyberbullying?

Yes. The sentence can reach 2 years in prison. If aggravating factors concur (vulnerable victim, gender violence), the sentence can be higher.

Have you been charged with cyberbullying or are you a victim of digital harassment? Act now with a criminal defense attorney.