Índice
The diffusion of a video or image of an intimate nature disclosed on the internet or on social networks without the consent of the owner it is an extremely serious fact. Which must be reported to the Spanish Agency for Data Protection (AEPD).
The publication or dissemination on the internet or social networks of videos, images or photographs of an intimate nature without consent. It has become a very common practice in many people without knowing that they are committing a crime punishable in the Penal Code.
What crime is committed when disseminating a video or image of an intimate nature on the internet or social networks without the consent of the owner?
To the spread a video or image of an intimate nature on the internet or social networks without the owner's consent is very common. Which many people do for sextortion, sexting or cyberbullying.
Most of the time these actions are committed without thinking about the damage they can cause to third parties. Technological advances and social networks such as Instagram, Twitter and Facebook mean that the dissemination of videos and images takes place in a few hours or minutes, reaching thousands of people.
Are you looking for a lawyer specialized in Criminal Law?
we help you find a criminal lawyer.
We have a wide network of collaborating lawyers in all Spain.
The crime of disseminating videos, images or photographs of an intimate nature without the consent of the owner is not only committed by the person who disseminates it. It is also committed by the people who receive and post these videos, photos or images on their social networks, even if they do it just for fun.
The crime that is committed is the discovery and disclosure of secrets that is regulated in article 197.7 of the Penal Code. Which establishes punishment for anyone who, without the authorization of a person, disseminates, reveals or shares with third parties videos, recordings or images obtained with the consent of the victim.
This crime affects the image itself, which is a complementary right to the right to privacy, which is regulated by various laws.
Regulation of the right to one's own image
The own image It is regulated in article 18 of the Spanish Constitution within the rights to honor, privacy and one's own image. It considers it as a very personal right that allows its owner to avoid obtaining, disseminating or reproducing the image itself by an unauthorized third party.
Organic Law 1/1982 considers capturing, disseminating or reproducing videos, photographs or images an interference in the right to one's own image. Belonging to a person at times or places in their private life and even outside of it without their permission.
The General Data Protection Regulation considers the voice and image as personal data that is subject to protection. Therefore, to use any personal data it is necessary to have the express consent of its owner.
Which means that to spread a video or image of a person, their consent is needed. Otherwise whoever does it would be committing a crime which is punishable by law.
The person who spreads a video or image of an intimate nature on the internet or on social networks without the consent of the owner will be punished. For this action, a fine of twelve to twenty-four months and a prison sentence of one to four years are contemplated.
How to report the dissemination of an intimate video or image published on the internet or social networks without the consent of the owner?
To file a complaint in these cases, you must go to the Spanish Agency for Data Protection (AEPD). This agency has a Priority Channel through which the immediate withdrawal of this type of material can be requested.
The complaint can be made through a written document or electronically for which an electronic signature is needed. It is necessary that in any of the forms in which the complaint is presented, it is described with the minimum details.
How is it on which internet page or social network the images of an intimate nature have been disseminated without permission. What happens in the images or videos and if the people who have distributed said content are known. You can also attach screenshots of the published content.
The complaint must also indicate whether it is the first time the complaint has been made or whether it has been filed in other ways. The indicated channels to present this type of complaint are the police, the Technological Investigation Brigade or the Group of telematic crimes.
When the person affected by the publication of the videos and images is under 16 years of age, the complaint must be made by their parents or legal representative. These should contact the Spanish Agency for Data Protection.
What happens after the complaint is filed?
When the Spanish Data Protection Agency receives the complaint and the evidence of the facts, it carries out an analysis of the content. To then contact the platforms involved to request the immediate removal of the content.
These are administrative measures that do not require a court order, as they are precautionary measures through administrative channels. The request for the withdrawal of the video or images can be sent to social networks as well as to web pages, whether or not they have their physical headquarters in Spain.
When the Spanish Data Protection Agency considers that it may be a crime, it immediately notifies the affected person and the Prosecutor's Office. To carry out the relevant legal procedures.
Because there is punishment when it is published or disclosed without the consent of the person who appears in the video or image. Especially when the diffusion threatens in a very serious way against the personal privacy affected.
The punishment established by the Penal Code is for those who disseminate an intimate video or image. But it also establishes sanctions for the person who receives another person's video or image and decides to share it on their social networks, with friends, family or contacts, because they are committing a crime. crime.
