Twitter 'fake news' conviction: 15-month sentence and €1,620 fine

A trial over fake news on social media, one of the first in Catalonia and Spain, concluded on Tuesday with the accused accepting a 15-month suspended prison sentence and a €1,620 fine. 

The defendant, a member of Spain's Guardia Civil police force, was brought to court for sharing a video of an assault and rape that took place in China and falsely claiming it showed Moroccan migrant minors in the Catalan coastal town of Canet de Mar. 

The prosecution initially asked for two years in prison, but the parties agreed to reduce that, meaning the man convicted will not have to go to jail, subject to him closing his social media profiles, not reoffending for 15 months, and not working in any teaching, sports or leisure work for more than six years. 

The Barcelona court heard that the man was motivated to send the tweet "by his animosity and rejection of foreign immigrants of Moroccan origin," especially unaccompanied minors. 

His post was retweeted 19 times, had 13 likes and generated at least 93 comments. The video was viewed more than 21,900 times. 

The man's Twitter profile contained multiple publications of a xenophobic and racist nature, open for all Twitter users to see, with "distorted and/or false information about immigrants in general," and a "rejection of the presence of foreigners in Spain, especially if they are Arab or Muslim."