A Facebook user is sentenced for third-party comments on his wall
The Supreme Court has sentenced a Facebook user for breach of honor by not deleting comments posted by third parties on his wall and sentenced him to pay 3,000 euros to his neighbors, against whom the ratings were referring.
The Plenary of the high court understands that it should have acted diligently in the face of these reactions: "You cannot simply ignore what is published on your profile by other users," says the sentence.
The man criticized his neighbors on FB, against whom he had had a dispute over a work. Other people commented on his post, uttering insults, such as "garbage", "rats", "rabble", against those neighbors and even threatened them with phrases such as "I'll liquidate them and I'll finish before" or "hire a thug", according to the failed.
The user not only did not delete the comments, but also thanked the interventions and blocked the only person who requested moderation.
"It is serious enough to reach a sanction of this type and that the Plenary has judged it," says the defense lawyer for those affected, José López Balado, who believes that this sentence will be applicable to all social networks. “They must be clean of actions of harassment, depreciation and slander. If you support these opinions, you become a kind of 'mediate author' because if you do not act, you breach that duty, becoming responsible for damages. And more when you are aware and aware of its existence, because there have already been previous complaints ”he adds.
In the opinion of the lawyer, "the user has civil liability that obliges him, exercising his power of control, to its immediate deletion." The ruling condemns to delete all comments from the wall, to publish the sentence in its entirety on the network and to assume the payment of interest and costs.
For the lawyer, this sentence marks a before and after and warns that the comments of others must be taken into account so that they do not turn against them. “And even more what is published on social networks, which today are the first or second means of communication. It is direct advertising that reaches users and can have more impact than what is said on television or in the newspapers”, he adds.