The Málaga Court has imposed a sentence of 15 months in prison on a man for disseminating on his social media profiles, accessible to the general public, xenophobic and racist messages directed against foreign people. With these publications, the convicted person intended "to stigmatize and denigrate" certain groups, in addition to "awakening among the population feelings of hatred, rejection, and hostility".
The judicial resolution, to which Europa Press has had access, declares proven that the accused, from an unspecified date and, in any case, until May 2025, "guided by feelings of rejection and animosity towards people of foreign origin, Jewish, of Islamic religion or immigrants in general", repeatedly used his social networks to spread messages of hate.
According to the sentence details, the man personally managed these profiles, open "without any type of restriction" to all internet users, where he published, "with a vocation for perpetuity, messages and content directed, deliberately and unidirectionally, to stigmatize and denigrate such groups".
The Chamber emphasizes that the purpose of these publications was "to awaken among the population feelings of hatred, rejection, and hostility", even going so far, in some of the messages, "as to deny the existence of the Holocaust". For this, it mainly used an account on the social network X, from which it disseminated posts "of clearly xenophobic and racist content".
The court highlights that, at all times, the accused "was aware that his messages were incorporated into telematic networks with a vocation for perpetuity, lacking from that moment control over their zigzagging dissemination", which allowed said content "could multiply its impact" through successive shares, "with the consequent humiliation of the victim groups object of his attacks".
For these facts, the Court condemns him for a crime committed on the occasion of the exercise of Fundamental Rights and Public Freedoms, in its modality of injury to dignity, imposing on him 15 months of prison, as well as special disqualification from exercising any profession or trade of an educational nature for five years additional to the prison sentence, and the payment of a fine of 2,700 euros.
The ruling recognizes him the benefit of the suspension of the execution of the deprivation of liberty sentence for three years, provided that he does not re-offend during that period, withdraws the publications subject to prosecution, and participates in a training program on equal treatment.
The sentence is handed down after the agreement of the accused and his defense with the Public Prosecutor's classification. The Court agrees to the suspension, understanding that the legal conditions are met, as it concerns a person with family, social, and work roots, and also valuing the extent of the imposed penalty.