Spain

Population

48,146,134

Population 0‑14

15.5%

Internet Users

76.9%

Facebook Users

22,000,000

Mobile Subscribers

49,000,000
* Statistics provided by CIA.gov, Internet World Stats and GSMA Intellligence

The first initiative of the Spanish Government concerning the use of ICT in schools was the Avanza Plan, launched in 2005 and headed by the Ministry of Industry, Tourism and Trade (MITyC), with the broad goal of developing the information society in Spain. The plan included a series of initiatives and legislative measures, one of them being the development of the use of ICT in public services, including the education sector. One of the main objectives of the plan in the area of education was to assist in the transition from traditional education to one that would be in line with the digital age. The program addressed the three challenges posed by the integration of new technologies into the classroom: to physically connect the schools to the Internet, to teach ICT and to teach with ICT.

2007 -The Family Online Safety Institute (FOSI) and Telefónica held a series of educational-training workshops: Interactive Generations: Growing up in a virtual world. International representatives of several NGOs, government and industry gathered to share their views on the impact of new technologies on the lives of children and their families. The workshops was inaugurated by the Madrid Children’s Rights Ombudsman. Some of the leading technological companies, NGOs and opinion makers belong to FOSI, which works to ensure the industry is self-regulated in a responsible manner and to identify, promote and inform the industry, parents and educators alike about the most innovative tools for achieving a responsible use of new technology.

2008 - The National Institute of Cybersecurity of Spain (Instituto Nacional de Ciberseguridad de España - INCIBE) has made a recommendation to include the safe use of ICT in the school syllabus, and to ensure that the course covers all the relevant subjects. Another recommendation is to implement policies and procedures which ensure that ICT security issues are covered throughout all school activities. These views derive from INCIBE’s 2008 ‘Study on safe habits in the use of ICT by children and adolescents and e-trust of their parents’. The overall goal of the study was to analyze children’s current usage of communication technologies in Spain, as well as the involvement of parents and guardians with regard to the implementation and promotion of safety procedures and rules, with special emphasis on the Internet.

In June, the First National Congress on Internet in the Classroom was held simultaneously in Barcelona, Granada, Madrid and Santander. The main objective of the Congress was to encourage and endorse the integration of new technologies into the classroom and education centers by raising awareness regarding the potential that an increased use of ICT can release.

In 2009, another study conducted by INCIBE, investigated the safety measures in educational environments and the related risks due to the progressive implementation of ICT in educational platforms (Study on Educational Platform Safety Measures). The report issues recommendations regarding good practice, general legislation and safety guidelines in relation to the use and development of these platforms.

From 2009 to 2010, the Spanish government carried out the Escuela 2.0 program which consisted of agreements by the Ministry of Education, Culture and Sports and the local Government. Its objective was to create digital classrooms, and equipped them with technology infrastructure and connectivity. Due to the 2012 economic crisis the program was ended.

The city of Guijón hosted from 2009 until 2012, the annual International Congress for Minos in the ITCs. The purpose was to promote well behavior online for children and adolescents while promoting fun and education.

The Ministry of Education, Culture and Sports also publishes different information on online safety and ICTs for parents and educators. With theses resources, caretakers are able to understand their benefits and monitor that children are not at risk.

2013 - The LOE 2006 (Organic Law on Education) was amended to the LOMCE (Organic Law for the improvement of educational quality) which entered into effect in 2015. It’s purpose is to modernize the ICT infrastructure in Education to improve quality.

Digital Agenda 2013

2014 - For SID 2014, as part of its CEO Coalition commitments, Telefónica launched its ‘Digital Family’ online resource centre for parents, educators and those who care for children. Spain is the first country to benefit, with the UK set to launch its own version in the Spring of 2014. Digital Family aims to provide a single point from which to obtain advice, share experiences and learn about the potential of new technologies. Further information can be found in the Organizations section below.

2015 - The plan Digital Transformation Plan of the General State Administration (AGE) and its Public Bodies (OO.PP) is an initiative of the ICT Strategy Committee, by the proposal of the Ministers of the Presidency, of Finance and Public Administration and of Industry, Energy and Tourism, on the basis of work prepared by the Directorate of Information Technology and Communications. Its objective is to establishing milestones for the gradual development of the Digital Administration that will time place until 2020.

The portal Web Infantil is an initiative by the National Police where children can find different activities such as games. The portal provides advice to children on how to be secure on the daily life but also how to be online.

Alia2 Foundation

It helps minors and parents to deal with issues related to the misuse of new technologies such as cyberbullying, sexting, grooming and other types of abuse on the Internet. Its website counts with a help-line where a team of psychologists and legal affairs and criminal lawyers can be contacted.

Chaval

An initiative by the Secretary of State for Telecommunications and Information Society, Chaval aims to educate and inform children about the benefits and risks of new technologies. In addition, the site contains information for adults about the possibilities and dangers of the Internet, as well as tips, guides and information regarding the safe and practical use of ICT and the Internet.

Digital Family

Launched on Safer Internet Day 2014, by Telefónica as part of its CEO Coalition commitments, Digital Family aims to provide a single point from which to obtain advice, share experiences and learn about the potential of new technologies.

EDEX

It is a private non-profit founded in 1973 in Bilbao. Focus on educational action, its mission is to promote many initiatives, both in the Basque Country and Latin American for positive development of children and adolescents.

Gemalto

Founded in 1983 as SafeNet, is the awareness node for Spain, operated by Protégeles. Using surveys to identify areas of need, campaigns are then launched to raise awareness on a variety of issues including the safe use of both the Internet and mobile phones.

GSMA Europe

This industry association represents the interests of European mobile network operators. The group engages in lobbying in areas such as children’s use of mobile phones, privacy, digital inclusion and reducing the digital gender gap. In 2008, the organization formed a mobile alliance against child sexual abuse content.

International Telecommunications Union (ITU) Europe

The ITU is is the UN agency for ICTs. Areas of focus in Europe include improving E-accessibility in Central and Eastern Europe, transitioning Europe to digital broadcasting, and sharing best practices for implementing e-applications.

Internet Governance Forum

The IGF was founded by the UN in 2006 to serve as a discussion platform for internet governance policy issues. It brings together various stakeholders to determine best practices for internet policy. Past areas of focus include cybersecurity, human rights, inclusivity and openness.

INTERPOL

INTERPOL is the world’s largest international police organization, with 190 member countries. Its mission is to enable police forces to collaborate globally to fight crime in the Internet age. Three areas of focus are crimes against children (with a focus on internet crimes and travelling sex offenders), cybercrime and human trafficking.

Latin American Network of Educational Portals (La Red Latinoamericana de Portales Educativos – RELPE)

Formed in 2004 by an agreement of the Ministries of Education from sixteen Latin American countries, a network of educational portals, allowing the collaboration and sharing of educational content between the member countries. It also provides for the construction of standards and methodologies of processes to position the network as a benchmark in the region and the world on collaborative management of educational content.

Latin American Network of ICT and Education (Red Iberoamericana de TIC y Educación – RIATE)

This organization promotes bilateral or multilateral cooperation for development through the exchange of information, initiatives and projects that promote the integration of ICT in education in 21 countries.

Navega Seguro

It is website is the result of a joint initiative between the National Institute of Communication Technologies (INCIBE) and PantallasAmigas. The website not only hosts information about the risks of the Internet for parents and teachers, but also has a zone dedicated to children which contains educational games. Topics covered by the games include malware, cyber-bullying and cyber-grooming. The site also highlights the importance of safe habits, prudent and responsible use of information technologies and communication.

Oficina de Seguridad del Internauta

Is a service provided by the Ministry of Telecommunications and Information Society which aims to provide information and support to the public in order to prevent and resolve online security issues. The website contains general information on Internet security as well as recommendations, guidelines and tools.

Pantallas Amigas

It is an initiative aimed at children and adolescents, PantallasAmigas promotes the safe use of new technologies and advocates responsible digital citizenship. It is endorsed by EDEX, a charity promoting the development of children and youth through education in their spare time

Protégeles Hotline

It is a non-profit organization, and its hotline against child pornography has been operating since October 2001. Their work as a hotline on the Internet is mainly focused on two objectives: to provide the Spanish Law Enforcement Units with as many reports of illegal content on the Internet as possible so that they can eliminate child pornography web pages and locate and prosecute their authors, and to carry out campaigns, preventive work and other actions to improve the safety of children on the Internet.

Red.es

It is a public corporate entity attached to the Spanish Ministry of Industry, Energy and Tourism (MINETUR) which is responsible for promoting the development of the Information Society in Spain. Red.es is developing ambitious programmes of awareness raising, education and training related to protection of children on the internet, addressing comprehensively risks and opportunities that should be taken into account. Besides, together with INCIBE they organize annually Safer Day Internet.

Super Kids

The Super Kids microsite provides information and advice about privacy and cyberbullying issues, aimed at children. This is part of a European Union initiative and Spain is one of the participating/supporting countries involved. In addition to case studies and information, there is information for educators, also available in English.

The Interactive Generations Forum

A nonprofit organization which mission is to promote the use of technology to improve people’s lives. It was founded in 2008 by Telefónica, the University of Navarra and the Inter-American Organization (OUI). The Forum seeks to understand the impact of technology on children aged between 6 - 18 in Latin America, to provide educational resources for that age group and to educate through its own programs.

The National Institute of Cybersecurity of Spain

Since 2014, the National Institute of Communication Technologies, SA (INTECO) was renamed as the National Institute of Cybersecurity Spain, SA (INCIBE). INCIBE’s mission is to strengthen cyber security, data protection and privacy to bring value to citizens, businesses, Administration, academics and the research sector of ICTs.

A Survey on the Transposition of Directive 2011/93/EU on Combating Sexual Abuse and Sexual Exploitation of Children and Child Pornography (2016)

Together Against Sexual Exploitation of Children

The study examines how seven key provisions of Directive 2011/93/EU on the fight against sexual abuse and sexual exploitation of children and child pornography have been adopted by the 27 European Union (EU) Member States bound by the Directive.

The Realities of Cyber Parenting: What Pre-teens and Teens Are Up To Online (2015)

Family Online Safety Institute and Intel Security

This global study examined the online behaviors and social networking habits of pre-teens and teens aged between 8 and 16 years old, as well as looking at the concerns of parents.

The impact of internet and new media on the occurrence of violence against children in Europe and Cyprus (2015)

Rosella Sala

This document demonstrate that countries lack of expertise on child sexual exploitation and struggle combating this issue by their own. It suggests to establish an international legal framework to prosecute offenders and protect children.

How parents of young children manage digital devices at home: the role of income, education and parental style (2015)

Livingstone, Sonia, Mascheroni, Giovanna, Dreier, Michael, Chaudron, Stephane, Lagae, Kaat

The report compares strategies of parental mediation on the internet according to levels of parental education and household income. The aim was to inform policy-makers and practitioners on how to approach parental guidance and awareness raising.

Combatting Child Sexual Abuse (2015)

Petra Jeney

The study provides an overview of existing legislation at European Union, Member State and the international level related to online child sexual abuse, as well as the role of law enforcement agencies in combatting child sexual abuse online and other governmental and private sector initiatives.

Spain - Country Report on ICT in Education (2015)

José Luis Fernández

This report provides information on the challenges and results of the latest reform of the educational law “Organic Law to Improve the Quality of Education” first implemented in 2014.

ICT Integration in Education: The Greek and Spain Perspectives Amidst an Economic Crisis (2014)

Munir Abbasi, Georgios Xydopoulos, Masoud Fakhimi, Lampros Stergioulas, Maria Fragkaki,Luis Anido, Manuel Fernandez, Panayiota Vassilopoulou,Fernandez

Research paper on the ICT integration in education in Greece and Spain after their economic crisis.

Net Children Go Mobile: Final Report (2014)

G. Mascheroni, A. Cuman

The paper reports the findings of research in nine countries on children's use of technology, risky behaviors and parental mediation.

Final recommendations for policy (2014)

O’Neill, B., Staksrud, E

Combining all the EU Kids Online policy guidance into one resource, this report provides more than 30 proposed actions for making the Internet safer for children.

Net Children Go Mobile Final Report (2014)

Giovanna Mascheroni, Andrea Cuman

Final report on implementation of Net Children Go Mobile project.

Microsoft Computing Safety Index (2014)

Microsoft

This annual survey of more than 10,000 adults in 20 countries around the world creates the data for the MCSI, which measures the actions that consumers take to help keep themselves and their families safe online.

Spain 2014 Human Rights Report (2014)

U.S. State Department

This report on the situation of human rights in Spain during 2014. It provides information on the violation and the governments’ aim to eliminate them.

Spain 2013 Human Rights Report (2014)

United States State Department

Report on the violations of human rights in the country of Spain during 2013 and the government actions and laws to combat them.

#WeProtect Summit 2014 - Tackling Online Child Sexual Exploitation (2014)

#WePROTECT

Report on the #WePROTECT summit where 47 countries, international organizations, companies and civil society gathered to tackle the crime of online child sexual exploitation.

Sexual Exploitation and Prostitution and its impact on gender equality (2014)

Policy Department - Citizens’ Rights and Constitutional Affairs

This paper has for objective to provides information on the matter of sexual exploitation and prostitution and its impact on gender equality.

Policy Influences and Country Clusters: A Comparative Analysis of Internet Safety Policy Implementation (2014)

B. O'Neill

The report examines the policy context of internet safety and looks at how countries within each cluster approach implementation.

The Meaning of Online Problematic Situations for Children: Results of Qualitative Cross-Cultural Investigation in Nine European Countries (2014)

D. Smahel, M.F. Wright

This research, based on interviews, focused on the following: what children perceive as being potentially negative or problematic while using the internet, what risks children are aware of when using the internet, what consequences online negative experiences might have, how children react to negative experiences, what children do to avoid or prevent these problematic experiences, and why children perceive certain situations as negative.

Mapping Safer Internet Policies in the Member States (2014)

P. Baudouin, B. Mahieu, T. Dor, B. Good, J. Milayi, S. Nakajima

The purpose of the study was to set up a framework for analysing Better Internet for Children public policies covering EU Member States, and Norway and Iceland.

European Children and Their Carers’ Understanding of Use, Risks and Safety Issues Relating to Convergent Mobile Media (2014)

L. Haddon, J. Vincent

This study focuses on children’s experience of mobile media and the mobile internet, with an emphasis on smartphones and tablets, based on a qualitative study of children, their parents, teachers and others working with young people in nine European countries.

Children's Use of Online Technologies in Europe (2014)

K. Ólafsson, S. Livingstone, L. Haddon

This report reviews recent research on children’s use of internet and mobile technologies identified by the EU Kids Online network.

Microsoft Computing Safety Index (MCSI) (2013)

Microsoft

The survey, Computing Safety Index, measures the steps people report taking to protect their computers, mobile phones, and info online in the categories of foundational, technical and behavioral.

Zero to Eight - Young Children and Their Internet Use (2013)

Holloway, D., Green, L., and Livingstone, S. with members of the EU Kids Online network,

This report reviews a number of other studies and provides recommendations as to how younger children can be protected from online risks.

Risks and safety on the internet: Comparing Brazilian and European children (2013)

Barbosa, A., O’Neill, B., Ponte, C., Simões, J.A., Jereissati, T.,

This study compares the results of the survey of Brazilian children and their parents/guardians, carried out by the Brazilian Internet Steering Committee. Using the same methodology as the EU Kids Online research, the results from Brazil are compared with those from Europe.

Country Classification: Opportunities, Risks, Harm and Parental Mediation (2013)

Helsper, E. J., Kalmus, V., Hasebrink, U., Sagvari, B. and De Haan, J. with members of the EU Kids Online network

With data from 25 of the European countries surveyed in EU Kids Online, the report examines the range and type of online opportunities, risks and harm which children from each country experience, as well as looking at ways in which parents control or mediate their children’s Internet use.

In their own words: what bothers children online? (2013)

Livingstone S., Kirwil, L., Ponte C. and Staksrud E., with the EU Kids Online network

The results of a survey of nearly 10,000 children in 25 countries across Europe, this report details what children say upsets them and their friends online

Zero to Eight - Young Children and Their Internet Use. (2013)

Donell Holloway, Lelia Green and Sonia Livingstone, S. with members of the EU Kids Online network

This report reviews a number of other studies and provides recommendations as to how younger children can be protected from online risks.

Microsoft Computing Safety Index (MCSI). (2013)

Microsoft

This annual survey of more than 10,000 adults in 20 countries around the world creates the data for the MCSI, which measures the actions that consumers take to help keep themselves and their families safe online.

Country Classification: Opportunities, Risks, Harm and Parental Mediation. (2013)

Ellen J. Helsper, Veronika Kalmus, Uwe Hasebrink, Bence Sagvari, Jos de Haan

With data from 25 of the European countries surveyed in EU Kids Online, the report examines the range and type of online opportunities, risks and harm which children from each country experience, as well as looking at ways in which parents control or mediate their children’s Internet use.

In their own words: what bothers children online? with the EU Kids Online Network. (2013)

Sonia Livingstone, Lucyna Kirwil, Cristina Ponte and Elisabeth Staksrud, with the EU Kids Online Network

The results of a survey of nearly 10,000 children in 25 countries across Europe, this report details what children say upsets them and their friends online.

Threat Assessment of Child Sexual Exploitation and Abuse (2013)

Child Exploitation and Online Protection Centre

This is a comprehensive summary on the different key threat of online child sexual abuse.

Overview and Analysis of 1:1 Learning Initiatives in Europe (2013)

Intel

Intel 's report on the status of 1:1 Learning Initiative in Europe

Worldwide Online Bullying Survey. (2012)

Microsoft

This survey explored children’s experience of online bullying in 25 countries across the globe.

Excessive Internet Use by European Children (2012)

D. Smahel, E. Helsper, L. Green, V. Kalmus, L. Blinka, K. Ólafsson

This report presents new findings and further analysis of the EU Kids Online 25-country survey regarding excessive use of the internet by children.

Survey of Schools: ICT in Education - Country Profile: Spain (2012)

European Schoolnet and University of Liège

This country profile of Spain reports the situation of the ICT in Schools during 2012. It provides data on access, attitudes to Information and Communication Technology and surveys by educators.

Global Digital Communication: Texting, Social Networking Popular Worldwide (2012)

J. Menasce Horowitz, K. Simmons, J. Poushter, C. Barker

The report is a part of the Pew Research Center's Global Attitudes Project, which conducts opinion surveys on subjects ranging from people's assessments of their own lives to their views about the current state of the world and important issues of the day.

Media Education, Media Literacy and Digital Competence (2012)

Alfonso Gutierrez, Kathleen Tyner

Article on the importance of media education in the contemporary society and the need for its integration in the curriculum of schools

Critical Insights in Media Literacy Research in Spain: Educational and Political Challenges (2012)

Carmen Marta-Lazo, Maria del Mar Grandío Pérez

This article presents a critical perspective on the current situation of Media Literacy in Spain and give some recommendations on education and policy to improve it.

Child Sexual Exploitation (2012)

EUROPOL

This document by the EUROPOL provides information on the child sexual exploitation because of the improper use of internet. It also emphasizes on the importance of reliable statistics on the phenomenon for better understanding and to take action.

EU Kids Online: National perspectives (2012)

Haddon, L., Livingstone, S., EU Kids Online Network

This report summarizes the Internet experiences of children in the 33 participating EU Kids Online countries and includes eight countries which have not appeared in previous reports.

EU Kids Online: Excessive Internet Use among European Children (2012)

Smahel, D, Helsper, E, Green, L, Kalmus, V, Blinka, L, Ólafsson, K,

This report uses the data from the EU Kids Online study to examine excessive use of the Internet by children in the 25 participating countries.

Report on risks faced by children online and policies to protect them (2012)

Kristina Irion

The report provides key findings and policy recommendations to keep children safe online as a follow up to the 2008 Seoul Ministerial Declaration on the Future of the Internet Economy.

Worldwide Online Bullying Survey (2012)

Microsoft

This survey explored children’s experience of online bullying in 25 countries across the globe.

Excessive Internet Use among European In their own words: what bothers children online? with the EU Kids Online Network. (2012)

David Smahel, Ellen Helsper, Lelia Green, Veronika Kalmus, Lukas Blinka and Kjartan Ólafsson

This report uses the data from the EU Kids Online study to examine excessive use of the Internet by children in the 25 participating countries.

EU Kids Online: National perspectives. (2012)

Leslie Haddon, Sonia Livingstone and the EU Kids Online network

This report summarizes the Internet experiences of children in the 33 participating EU Kids Online countries and includes eight countries which have not appeared in previous reports

Risks and safety on the internet: The perspective of European children. Full Findings (2011)

Livingstone, S., Haddon, L., Görzig, A., Ólafsson, K

Building on the original study, EU Kids Online I, this second piece of research includes the findings from research which took place in 25 countries. Children in the 9 – 16 age group were surveyed on their experiences of online use, risk and safety

Mobile Education in Spain. (2011)

GSMA

This is one of a series of country specific reports from the GSMA which considers the demand for mobile education from the formal education sector perspective.

Online Child Sexual Abuse Content: The Development of a Comprehensive, Transferable International Internet Notice and Takedown System (2011)

Internet Watch Foundation

Report analyzes the legislative frame in that regulates inlines child sexual abuse content.

2010 Norton Online Family Report (2010)

Norton by Symantec

The report reveals how children are spending more time online and have had more negative online experiences than parents realize. It highlights different approaches taken by families globally and uncovers the emotional impact of children’s negative online experiences.

ICT Integration in Primary and Secondary Education in Andalusia, Spain: Curricular and Organizational Implications (2010)

Ramon Tirado Morueta, Manuel Fandos Igado, J. Ignacio Aguaded Gomez

This reports presents the impact of online communication technologies on education in Andalusia. It provides information on the increase of computers usage in relation to teachers training.

Education on Online Safety in Schools in Europe (2009)

Eurydice

The study covers 30 European countries and provides information on whether online safety is taught and how it is taught in schools within the participating countries.

EU Kids Online: Final report. (2009)

Sonia Livingstone and Leslie Haddon

(EC Safer Internet plus Programme Deliverable D6.5) One of the foremost pieces of research into the online habits of children in the European Union is the EU Kids Online research, published in 2009 by Professor Sonia Livingstone and Dr. Leslie Haddon. Funded by the EC Safer Internet plus Programme between 2006 and 2009, the report examined the research findings of 21 member states into how children and young people use the Internet and other online facilities such as instant messaging.

Two Decades of ICT Policy in Education. Changing Discourses. Changing practices? (2009)

A. Ornellas, J. A. Sanchez Valero, K. Alonso, O. Molto

On this paper can be found the results of the twenty years of implementing the project “Policy and Practice regarding ICT in Education: Implications for Educational Innovation and Improvement” by the Ministry of Education and Science.

EU Kids Online: Final report (2009)

Livingstone, S., Haddon, L.

One of the foremost pieces of research into the online habits of children in the European Union is the EU Kids Online research, funded by the European Commission Safer Internet Plus Programme between 2006 and 2009.

Thematic Study on Child Trafficking (2008)

Teresa Freixes Sanjuán, Yolanda Gómez Sánchez, Cristina Elias Mendez

This paper explains the situation of child trafficking in Spain and the relevant legislation to combat it.

Towards a safer use of the Internet for children in the EU – a parents’ perspective (2008)

Eurobarometer

The study covers 27 EU Member States and provides parental responses to a range of questions relating to Internet safety and their perception of risk.

Towards a safer use of the Internet for children in the EU - a parents' perspective (2008)

Eurobarometer

The study covers 27 EU Member States and provides parental responses to a range of questions relating to Internet safety and their perception of risk.

Consideration of Reports submitted by the States Parties Under Article 12 (1) of the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography. (2006)

Committee on the Rights of the Child

Report on the legal mesures taken by Spain after the ratification of the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography.

A Good Practice Experience on Child Sexual Abuse (2004)

Jose Manuel Alonso Varea

This report presents the work developed in Spain with the prevention and raising awareness program on child sexual abuse held between 1998 and 2004.

Rights of the Child in Spain (2002)

Francesca Boniotti

Report on the implementation of the Convention on the Rights of the Child by Spain.

Commercial Sexual Exploitation of Children in Travel and Tourism (0000)

ECPAT

Informative document by ECPAT on commercial sexual exploitation of children in travel and tourism as part of an initiative in collaboration with UNICEF, UNWTO and the Spanish Government.

This section contains details of the country’s laws as they relate to sexual offenses, children and the use of the Internet in the commission of criminal activity. Where possible, sentence details have been given, including whether an increased custodial penalty is imposed where the victim is a child.

The age of consent in Spain is thirteen but if deception is used to obtain the consent of a minor under sixteen years of age, an individual can be charged under Section 183 of the Penal Code upon parental complaint.

Cyber-bullying: There is no specific law against cyber-bullying in Spain. However, perpetrators could be charged under Section 169 of the Penal Code, which specifically deals with threatening behavior, which can take place on- or offline. Section 169 of the Penal Code covers threatening a person online, in forums, via e-mail etc. stating that causing damage to a victim is illegal and will result in a fine. Sections 205 – 216 of the Penal Code deal with the crime of libel, stating that it is an offense to publish photographs or videos of a person without their permission, or to alter photographs of a person and disseminate them by e-mail or publish them on a website without permission. Both libel and slander are only prosecuted upon the request of the victim. Regardless of criminal liability, the misuse of personal data online, and particularly the use of images without consent, is regulated by the Spanish Agency for Data Protection.

Spain has signed, but not ratified the Council of Europe’s Convention on Cybercrime (November 2001).

  • Section 178, Penal Code. States that it is an offense to undermine the sexual freedom of another person through the use of violence or intimidation: sexual assault. The offense is punishable by imprisonment for between one and four years.
  • Section 179, Penal Code. Defines the crime of sexual assault by penetration: rape. The penalty for this offense is between six and twelve years’ imprisonment.
  • Section 180, Penal Code. Subsequent convictions render the offender liable to an increased sentence of between four and ten years’ imprisonment for sexual assault, and twelve to fifteen years’ imprisonment for rape, if any of the following circumstances occur: where the violence or intimidation are used; where the attack is particularly degrading or humiliating; where the offense is committed by more than one person; where the victim is particularly vulnerable by reason of age or illness, or if the victim is under thirteen years of age; where the offender exerted their authority or position of influence over the victim to carry out the crime or where the offender used weapons or other objects likely to cause death or any harmful injuries. If two or more of the preceding conditions are met, the sentence given must be in the upper half of the allowable range.
  • Section 181, Penal Code. Defines the crime of sexual abuse, committed by the use of deception, without the consent of the victim and without violence or intimidation. The penalty for this offense is imprisonment for between one and three years or a fine of eighteen to 24 months’ salary. This section also states that it is considered to be non-consensual sexual abuse if the sexual acts are committed against a person under thirteen years of age, unconscious persons or persons whose mental illness is taken advantage of. It is also deemed to be sexual abuse if the victim’s consent is obtained by the abuse of a position of authority over the victim. Where the offender abused their position of authority or influence over the victim when committing the crime, or where the offender used weapons or other objects likely to cause death or any harmful injuries, the sentence imposed must be at the upper half of the allowable range.
  • Section 183, Penal Code. Defines the offense of sexual abuse of a person between thirteen and sixteen years of age. The offense is punishable by imprisonment for between one and two years or a fine of twelve to 24 months’ salary. Where the abuse includes penetration, the penalty increases to between two and six years’ imprisonment. Where the offender abused their position of authority or influence over the victim when committing the crime, or where the offender used weapons or other objects likely to cause death or any harmful injuries, the sentenced imposed must be at the upper half of the allowable range.
  • Section 184, Penal Code. States that it is an offense to seek favors of a sexual nature for oneself or for a third party in the context of an ongoing or steady occupational or educational relationship, or one involving the provision of services, and where such behavior seriously intimidates or places the victim in a hostile or humiliating situation. This sexual harassment is punishable with between three to five months’ imprisonment or a fine a fine of six to ten months’ salary. The penalty is harsher if the perpetrator, in committing sexual harassment, avails him/herself of a higher occupational educational or hierarchical rank or expressly or tacitly avows to jeopardize the victim’s legitimate expectations within the scope of such relationship. In this case the penalty is between five and seven months’ imprisonment or a fine of ten to fourteen months’ salary. Where the victim is particularly vulnerable for reasons of age, illness or personal situation, the sentence increases to up to seven months’ imprisonment or a fine of ten to fourteen months’ salary. Where the perpetrator commits the illicit act from a position of superiority as previously described, the punishment increases to imprisonment for between six months and one year.
  • Section 185, Penal Code. States that it is an offense to commit or cause others to commit obscene acts in the presence of children. The offense is punishable by between six months’ and one year’s imprisonment or a fine of between twelve to 24 months’ salary.
  • Section 186, Penal Code. Defines the crime of selling, disseminating or exhibiting pornographic material depicting minors or handicapped persons, by any direct means (including electronic mail) which is punishable by imprisonment for between six months and one year, or a fine of twelve to 24 months’ salary.
  • Section 187, Penal Code. States that it is an offense to induce, promote, encourage or facilitate the prostitution of a minor. The offense is punishable by imprisonment for between one and four years and a fine of twelve to 24 months’ salary. This section also states that the period of imprisonment will be in the upper half of the allowable range where the offender is a member of the authorities or public official who abuses their position to commit the offense. In addition, the offender will also be disqualified from their profession for between six and twelve years.
  • Section 188, Penal Code. Defines the crime of inducing of a minor by means of violence, intimidation, deception or by abuse of a situation, state of need, position of superiority or the victim’s vulnerability, to practice or continue practicing prostitution. The offense is punishable by imprisonment for between two and four years and a fine of twelve to 24 months’ salary. The same penalty applies where the offender seeks to gain financially from the prostitution of others. The section also states that heavier penalties in the upper half of the range apply where the offense is committed by members of the authorities or public officials who abuse their position. The offender will also be disqualified upon conviction from their profession for between six to twelve years. If the aforementioned acts are committed in order to make minors begin or continue practicing prostitution, the period of imprisonment will be in the upper half of the allowable range.
  • Section 189, Penal Code. States that penalties are prescribed for the use of minors in various activities: exhibitionist or pornographic entertainments; production of any sort of pornographic material; and financing of any of the aforementioned acts. The offense of pornography consists of producing, selling, distributing or exhibiting by any means (including the Internet) pornographic material in whose creation minors have been used, and/or facilitating those activities or possessing pornographic material for those purposes. The penalty is between one and four years’ imprisonment. A heavier penalty of between four and eight years’ imprisonment is applicable when any of the following circumstances apply: use of children aged under thirteen; the acts are abusive or degrading; the pornographic material shows children who are victims of physical or sexual violence; the perpetrator is a relative, tutor, curator, guardian or teacher of, or any other person responsible for, the minor or legally incompetent person. The section also states that knowingly possessing child pornography is punishable by imprisonment for between three months and one year, or a fine of six to 24 months’ salary. Involving a minor or legally incompetent person in an act of a sexual nature that adversely affects the development of such person will be punished with imprisonment for between six months and one year

Spain has one of the most integrated and effective approaches to family online safety in Europe. It was one of the earliest European countries to embrace the need for an effective hotline to combat online child abuse. It also benefits from the active participation of industry, government and as a country takes as a generally collaborative approach. For example, Telefónica (Spain’s largest telecommunications operator and with subsidiaries throughout Europe and South America) places family online safety at the heart of what is considered to be one of the most progressive corporate social responsibility strategies.

2003 - Microsoft provided support to the International Centre for Missing and Exploited Children (ICMEC), enabling it to conduct a series of training sessions for law enforcement agencies over five years, including in Spain. The sessions explained how to conduct successful investigations of computer-facilitated crimes against children and by the end of the program, 3,219 officers from 113 countries had benefited from the training.

2009 - The Spanish government presented the Comprehensive Plan to Combat Trafficking in Human Beings for the Purpose of Sexual Exploitation. The aim was to decreased and eventually eliminate the cruellest manifestations of illegal trade and to protect women and girls (its principal victims).

2011 - During Safer Internet Day (SID) 2011, Protégeles and four Spanish cell phone operators (Telefónica, Vodafone, Orange and YOIGO) launched a new initiative combating child sexual abuse images on the Internet and cell phones. All four operators now feature a report button on their sites for reporting child pornography and online grooming, taking users directly to the Protégeles hotline either via the Internet or the mobile hotline. The button is identical across all operators’ sites, enabling users to recognize it easily.

Another initiative launched on Safer Internet Day 2011 was ‘I see you, you see me?’ (Te veo, ¿me ves?) a collaboration by the City of Madrid, Microsoft, BT, tuenti, Protégeles and the Municipal Police. This is a training initiative aimed at educating children, youth and their parents in the safe and responsible use of modern technologies. Some 190 Municipal police officers specialize in training the target audience in preventing and addressing situations of online danger.

The Spanish National Institute of Cybersecurity (INCIBE), launched the program Prevention and fight against crime, which objective was to to improve the current technical means in the fight against child pornography around the world.

2012 - Madrid hosted a Seminar on Fighting Child Pornography on the Internet organized by the U.S. National Institute of Justice, the EU, the Academy of European Law and some states. The purpose was to create a platform to assess and to debate the new EU legislation and to promote the investigation and prosecution of child offences.

The National Institute of Cybersecurity of Spain (Instituto Nacional de Ciberseguridad de España - INCIBE), launched the portal Navega Seguro by Orange, which works on protecting children when using the new technologies. It provides tips, advice and resources besides training and guidance on the importance of safe navigation.