Criminal Law On Revenge Porn Under Spanish Penal Code
1. Legal Framework in Spain
In Spain, revenge porn is addressed in Article 197.7 of the Spanish Penal Code, updated in 2015. The law states:
A person who disseminates, shares, or transfers intimate images or videos of another person without their consent, where those images were obtained in a private setting, commits a crime.
The dissemination must seriously harm the victim’s privacy or dignity.
Penalties:
Basic penalty: imprisonment of 3 months to 1 year, or fines of 6–12 months.
Aggravating circumstances (leading to higher sentences) include:
When the perpetrator is a spouse or former intimate partner
If the victim is a minor
If the content is widely distributed on social media
If it is shared for profit
The law protects both sexual and other intimate private images, as long as the disclosure is unauthorized and harmful to privacy.
2. Legal Elements of the Crime
To convict someone under Article 197.7, courts usually require:
Private content: Images, videos, or audio recordings obtained in a private context.
No consent for dissemination: Sharing without permission.
Actual sharing: The material reaches third parties, even if only a few.
Harm: Serious damage to the victim’s privacy, dignity, or reputation.
Intent: Knowing or reckless conduct by the perpetrator.
3. Key Case Law Examples
Case 1 — Supreme Court, STS 70/2020
Facts: A man received a nude photograph from a woman. He forwarded the photo to her romantic partner without her consent.
Outcome: Convicted for serious invasion of privacy. The court ruled that even if the victim voluntarily shared the image with the defendant, redistribution without consent is punishable.
Penalty: Fine equivalent to 1,080 euros.
Significance: Confirms that “receiving” an image does not give permission to share it.
Case 2 — Viral Non‑Consensual Video
Facts: A woman’s private sexual video circulated online without her consent.
Outcome: Authorities could not definitively identify the disseminator, so criminal charges were not upheld.
Significance: Shows how digital anonymity complicates prosecution. The case highlighted the emotional harm and reputational damage caused by revenge porn.
Case 3 — Sharing Drug Use Images (Puertollano, 2019)
Facts: Private images of a person consuming drugs were shared without consent.
Outcome: Prosecutors brought charges under Article 197.7.
Significance: Demonstrates that the law also covers private images beyond sexual content, as long as they harm personal dignity and privacy.
Case 4 — AI‑Generated or Altered Images (2023)
Facts: Teenagers created AI-generated nude images of minors and shared them online.
Outcome: Investigated under privacy and child protection laws. Courts considered reputational and emotional harm, even if the photos were digitally altered.
Significance: Shows the law’s adaptability to new technologies and emerging threats.
Case 5 — School-Based Sharing Among Minors
Facts: Teenagers shared humiliating AI-generated images of classmates.
Outcome: Juvenile courts issued probation and educational sanctions.
Significance: Even if minors cannot be criminally prosecuted, courts address privacy violations through juvenile law.
Case 6 — Integrating Civil and Criminal Responses
Facts: In some cases, public sharing of intimate images caused emotional and reputational harm.
Outcome: Courts allowed victims to pursue civil claims for damages alongside criminal charges.
Significance: Demonstrates Spain’s multi-track approach: criminal prosecution under Article 197.7, plus civil remedies.
4. Judicial Trends in Spain
Broad definition of “obtaining”: Receiving images from a victim counts as “obtaining” under the law.
Privacy harm is central: Courts focus on emotional, reputational, and personal harm rather than just technical consent.
Aggravating circumstances increase penalties: Distribution by partners, minors, or on public platforms results in harsher sentences.
Combination with other laws: Sometimes Article 197.7 is applied alongside data protection or moral integrity laws.
5. Practical Implications
Victims must file a complaint to trigger criminal proceedings.
Both criminal and civil remedies are available: imprisonment/fines and compensation for emotional harm.
Courts rely on digital evidence, including screenshots, metadata, and message histories.
Emerging cases involve AI and other digital tools, expanding the scope of the law.
✅ Summary
Spanish law treats revenge porn as a serious violation of privacy and dignity. Article 197.7 penalizes unauthorized dissemination of intimate images, and courts have interpreted it broadly to include:
Images voluntarily sent but redistributed
Images revealing private behavior beyond sexual content
AI-generated or digitally altered images
Cases involving minors
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