Increasingly, a potential client’s choice between one business and another starts before they ever get in touch: it starts with an online search. Reviews from other customers shape trust and can tip the decision one way or the other. Your online reputation has become an asset, and one that deserves legal protection.

That said, an uncomfortable review is not necessarily unlawful. But posting something online does not turn a baseless accusation into protected opinion, either.

I. Customers can share a bad experience, but not every comment is fair game

Customers are entitled to voice their dissatisfaction and give a service a poor rating. However, saying you’re unhappy is one thing; accusing a business of specific conduct that never happened, and that is simply untrue, is quite another.

That is why the distinction between an opinion and a statement of fact is so important. Before deciding whether there’s a viable claim, you need to look closely at the exact wording, the context and the evidence available.

II. Several profiles, one dispute: why objective evidence matters

When the same accusation keeps coming up, is repeated across several platforms, or is posted by profiles that appear to be linked, it deserves a closer look. Looking at each review on its own can hide the true scale of what’s going on.

Matching wording, reviews posted within a short time of each other, references to the same dispute or proven links between users can all point to a coordinated campaign. If that coordination can be proven, it may help establish who is responsible and show how widely and how persistently the damage has spread.

So, before you ask for anything to be taken down, make sure you keep a full record of each post: links, dates, edits, the visible profile details and any related documents. Depending on the case, you may also want to strengthen that record with a notarial certificate or an expert forensic report.

The goal is not just to prove what was posted, but also to those who posted it, how the posts are connected and how far they reached.

III. What options does a business have?

A good first step is to use the platform’s own reporting tools, pointing out the content in question and explaining why you’re flagging it. This does not guarantee removal, but it puts the platform on notice and creates a record you can rely on later.

Where there are solid grounds and the author is known (often the hardest part, given how anonymous the internet tends to be), a formal pre-action letter can be used to identify the posts, explain why they’re damaging and ask for them to be removed or corrected.

If the dispute continues, you can consider bringing a claim to protect your reputation and seeking the appropriate remedies, including compensation where warranted.

a. Civil action: protecting your company’s honor and reputation

Spanish Organic Law 1/1982 of 5 May protects against unlawful interference with the right to honor. Article 7.7 specifically treats as unlawful interference any statement of fact or value judgement that damages someone’s dignity or harms their reputation. Applying it, however, also means weighing up freedom of expression and freedom of information (Article 20 of the Spanish Constitution). For businesses, the focus is on protecting the company’s honor and reputation, with its “corporate image” understood as its commercial standing.

Once unlawful interference has been established, Article 9 allows you to seek measures to stop it and undo the damage: removal of the harmful content, steps to prevent further interference, publication of the judgment and, where appropriate, compensation. Interim measures may also be available if the requirements are met.

b. Criminal action: possible charges of false accusation and defamation

Under Article 205 of the Spanish Criminal Code, calumnia (falsely accusing someone of a crime) requires the person to have attributed a criminal offence to someone knowing it to be false or with reckless disregard for the truth. So, it is not enough for a post to be inaccurate or damaging, you must ask whether it accuses the business of a crime, and in what terms.

Article 208 defines injurias (defamation) as words or actions that damage someone’s dignity, harm their reputation or undermine their self-esteem. As a rule, they only become criminal matter if they are serious, judged by their nature, effects and circumstances. Where they involve allegations of fact, they are only considered serious if made knowing they were false or with reckless disregard for the truth.

Article 211 also covers statements made publicly through media with a reach comparable to print or broadcasting, which means the reach of online posts must be assessed. Wide circulation can make the consequences more serious, but it does not turn criticism into a crime on its own.

The practical takeaway is simple: before threatening criminal action, look carefully at the exact wording, the context, who has been affected and what evidence you have. And just because a post does not amount to a crime does not mean it cannot be challenged in the civil courts.

IV. Conclusion

Protecting your business’s reputation doesn’t mean silencing legitimate criticism. But when posts cross the line, you can consider bringing a civil claim and, if the legal requirements are met and the conduct is serious enough to justify criminal law stepping in (as a last resort), criminal proceedings as well.

Repeated reviews and proven links between users can also be key to revealing patterns of unlawful behavior. Either way, preserving the evidence and getting legal advice early allows a business to respond in a way that’s proportionate, effective and suited to its own needs and circumstances.

This analysis of the law and case law reflects the views of the Addwill team. Get in touch with us for advice on any of the steps described above, or on any other matter relating to civil proceedings under Spanish law.

At addwill, our experts are on hand if you’d like more information or advice on this topic.

Author:

Judith Barranco Ramírez

Associate Lawyer, Litigation Department, addwill