Spanish Judge Calls for End to Social Media Anonymity Amid Surge of Online Disinformation Following Boy's Murder
In response to a wave of online disinformation that followed the tragic killing of an 11-year-old boy in central Spain, a Spanish judge has called for an end to social media anonymity in cases of suspected hate crimes. Miguel Ángel Aguilar, a judge from the court specializing in hate crimes and discrimination, has proposed that social media platforms be required to reveal users' true identities when requested by the judiciary, enabling the enforcement of digital restraining orders.
The call for action comes after the brutal stabbing of a young boy last Sunday in a village near Toledo. The boy was playing football with friends when a man, his face concealed by a scarf, ran onto the field and attacked him. Following the incident, social media platforms were quickly flooded with false claims linking the attack to immigration, particularly targeting so-called "menas" (unaccompanied minors from North Africa). The police later arrested a 20-year-old Spanish man, believed to have mental health issues, in connection with the crime.
Aguilar expressed concern during a television interview on Wednesday, stating that hate speech and misinformation on social media could lead to real-world violence. He argued that those spreading hate should be identifiable and that platforms must comply with judicial requests to disclose user identities. "Creating a climate of stigmatization via social media can translate into acts of violence in the street," Aguilar warned. "When a crime is committed on social media, we must be able to identify the source."
Aguilar cited a 2019 case in Barcelona as a precedent, where a YouTuber was sentenced to 15 months in prison and ordered to pay €20,000 (£17,000) after posting a humiliating video of a homeless person. The offender was also banned from using YouTube, in what Aguilar described as a digital restraining order. He emphasized the need to turn this approach into legislation, especially in the wake of Spain's 2022 anti-discrimination law.
However, Aguilar acknowledged the complexities of defining hate speech as a crime, noting that "no two cases are the same, and not all hatred is a crime, even though we may find it repugnant."
The proposal has sparked debate in Spain, as it touches on the broader issue of freedom of speech. Media companies argue that enforcing user verification could lead to self-censorship and further restrict freedom of expression, particularly for individuals in repressive regimes. While Aguilar's proposal is likely to gain cross-party support, it remains uncertain whether it will be enacted into law soon. Spain now joins other countries grappling with the challenge of balancing online anonymity with accountability.