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Olvidum.com Online reputation by 3CWeb

Legal action when an amicable removal is not enough

When requests are not enough: formal demands, civil claims, criminal complaints and complaints to the Spanish Data Protection Agency, with a partner law firm and our forensic report.

Analysis
Free, within 24 hours
Timescale
Depending on the route: from weeks to several months or years
Our commitment
We tell you frankly whether legal action is worth it.
  • Burofax and formal demand for removal
  • Civil claim for breach of the rights to honour, privacy or one's own image
  • Criminal complaint for insult or slander
  • Forensic report backing up the digital evidence

Most cases are resolved without setting foot in court: with a well-argued request to the platform, the media outlet or the search engine. But sometimes the author refuses, keeps publishing, or the harm is so serious that something more is needed. For those cases we bring in a specialised law firm we work with when a case requires it, and we contribute what we do best: the digital evidence.

This applies whether you are Spanish or not. If the content was published in Spain or by a Spanish website, Spanish law and Spanish courts can usually protect you, and we handle the case remotely and in English.

The available routes

  • Burofax and formal demand. A burofax is a certified letter with proof of content and delivery, widely used in Spain. It is sent to the author or the person responsible for the website, requesting removal and warning of legal action. It is often enough, and it also records that they were warned.
  • Civil claim for breach of the right to honour, privacy or one's own image. Spain's Organic Law 1/1982 protects these rights and allows you to ask for the intrusion to stop, for the content to be removed, for the judgement to be published and for compensation for the harm. The time limit to bring these claims is four years from when you could first bring them.
  • Criminal complaint for insult or slander. The Spanish Criminal Code regulates these offences in articles 205 to 210. Slander (calumnia) is accusing someone of a crime knowing it is false or with reckless disregard for the truth; insult (injuria) is harming another person's dignity. As a general rule, they are only prosecuted if the injured person files a complaint, and the time limits are short.
  • Complaints to the Spanish Data Protection Agency (AEPD) when a website or a search engine does not respect your rights to erasure or to object. It is free and often effective, and the GDPR protects anyone whose data is processed by a website or search engine in the EU, regardless of nationality.
  • Right of rectification against a media outlet that has published false information about you, within the legal deadline of seven calendar days.

Do not let time pass

The time limits for criminal action for insult or slander are much shorter than those for civil action. If you are thinking of taking action, get advice as soon as possible.

The role of the forensic report

In cases about content published online, evidence is everything. If you only provide screenshots, the other side can challenge them. Our court-appointed IT forensic expert certifies the content with a digital fingerprint and timestamp, documents the chain of custody and signs a report he can defend in court. More information on our IT forensic expert page.

When it is worth it and when it is not

It is worth it when the harm is serious, the author can be identified, the amicable routes have been exhausted and there is solid evidence. It is not usually worth it when the content can be removed by a faster route, when the author is anonymous and outside Spain, or when the proceedings would give the problem more visibility than the content itself. We will tell you frankly.

How we work

  1. We analyse the case and the evidence available.
  2. We certify the content before it disappears.
  3. The law firm assesses the legal route and explains the time limits, risks and options.
  4. We coordinate the technical and legal sides so you do not have to.

If you want your case assessed, start with the free analysis.

Frequently asked questions

Do you always have to go to court?

No. Most cases are resolved with requests or a formal demand. Court proceedings are the last option, when the others do not work or the harm justifies it.

Can I claim compensation?

In a civil claim for breach of honour, privacy or one's own image, yes. The amount depends on the harm and the circumstances, and it is decided by the court.

What is the difference between insult and slander?

Slander (calumnia) is accusing someone of a crime knowing it is false or with reckless disregard for the truth. Insult (injuria) is any expression or action that seriously harms a person's dignity.

Is a screenshot valid as evidence?

It can be submitted, but it is easily challenged. A forensic report certifying the content is much stronger.

What legal action is there against online defamation?

There are two main routes. The civil route, a claim for breach of the right to honour under Organic Law 1/1982, to request removal, publication of the judgement and compensation. And the criminal route, a complaint for insult or slander if the facts are serious. A formal demand is usually sent first, and it is often enough.

What are the time limits to sue or file a complaint?

The civil claim for breach of honour, privacy or one's own image expires four years from when you could first bring it. The offences of insult and slander become time-barred after one year. That is why it is best not to wait if you are considering court action.

How does the process work, step by step?

First the digital evidence is certified with a forensic report. Then the law firm we work with assesses the case and, normally, a formal demand or burofax is sent to the author. If that is not enough, the claim or criminal complaint is filed with the evidence already prepared.

How much does it cost to go to court for defamation?

It depends on the route, the complexity of the case and whether it has to go to trial. You get a fixed quote in writing after the free analysis, for each stage, before any work starts. We tell you frankly whether it is worth it or whether there are simpler routes.

How long does a case for breach of honour take?

It varies a lot depending on the court and whether there are appeals, from several months to years. That is why, in the meantime, we work in parallel with the platforms and search engines to reduce the harm. A well-drafted formal demand can resolve the case in weeks.

Can I take action against someone anonymous?

Yes. The complaint is filed against an unknown author and the court can ask the platform for the data needed to identify them. Identification depends on the platform and on international cooperation, and a good forensic report helps the request succeed.

What evidence do I need to sue?

Ideally a forensic certification of the content, because screenshots are easily challenged. Messages showing who the author is, the reach the content has had and any evidence of the harm suffered, such as lost clients or health problems, also help.

Can I make a claim against the platform that did not remove the content?

Spain's Information Society Services Act (LSSI) and the EU Digital Services Act exempt platforms from liability when they are not aware of the unlawful content, but not when they are aware of it and do not act diligently. That is why it is important for the report to be properly documented from the start.

Take back control of what people see about you

Tell us what is worrying you. We analyse your case for free and tell you honestly what can be achieved.

  • Free analysis within 24 hours
  • We tell you honestly what real options it has
  • A fixed quote in writing
  • Court-appointed IT forensic expert and complete confidentiality

Free analysis

Reply within 24 working hours.

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