Discovering that an intimate photograph or video of ours is circulating online, on social media or among other people without our permission requires us to act quickly, but also methodically.
In the event of intimate photos being shared without consent in Barcelona, our first objective should be to preserve the evidence, try to limit the spread of the content and assess which criminal and removal actions we can take.
At Barcelona Penal, we are a law firm dedicated exclusively to Criminal Law in Barcelona, and we advise victims of offences against privacy, the non-consensual sharing of intimate content, sextortion and other forms of cybercrime.
Quick answer: if we are victims of intimate photos being shared without consent in Barcelona, we should save screenshots, links, profiles, conversations and any information that can show how the content is being shared. We can then request that platforms remove it, consider the AEPD Priority Channel where its requirements are met, and file a report. From a criminal law perspective, the applicable provision will depend on how the images were originally obtained and who shared them.
Intimate photos shared without consent in Barcelona: what to do first
We do not recommend starting by contacting the person responsible or immediately asking everyone to delete the content.
If someone has shared your intimate photos or videos without your permission, you have the right to take legal action and to have those images removed. Tell us about your case and we will explain how we can help you from the outset.
First, we must preserve the evidence.
1. Save screenshots and links
We should keep:
- Screenshots showing the full post.
- The name of the profile or user who shared the content.
- The URL of the post or profile.
- The date and time.
- Messages related to the sharing of the content.
- Groups or individuals to whom it has been sent.
- Threats or demands made by the person responsible.
- Details of any account used to request money.
2. Do not delete the conversations
Messages on WhatsApp, Telegram, Instagram, email or other applications can help us show who had the images, what threats they made and how the sharing began.
3. Ask third parties to keep what they received
If friends, colleagues or family members have received the material, they can save the conversations and show who sent it to them.
They do not need to keep forwarding the images. It is enough to preserve evidence that they received them and where they came from.
Is sharing an intimate photo without permission always a crime?
It may be a crime, but we must determine which legal provision applies.
This is one of the issues that requires the greatest care in cases of intimate photos being shared without consent in Barcelona.
Article 197.7 of the Criminal Code
Article 197.7 punishes certain situations in which a person shares, reveals or transfers without authorisation images or recordings of another person that they had initially obtained with that person's consent in a home or another place out of the sight of third parties.
In addition, the disclosure must seriously undermine the affected person's privacy.
Consenting to the photograph does not mean consenting to its sharing
This point is fundamental.
We may have voluntarily allowed our partner to take a photograph or even sent an intimate image ourselves.
That does not mean we have authorised its subsequent publication or sending to other people.
What happens if the images were obtained without our consent?
In that case, we should not automatically apply Article 197.7.
If someone obtained the images by gaining unauthorised access to a device, intercepting communications, taking private files or using other unlawful means, other sections of Article 197 and other offences may apply, depending on how access was gained.
Can forwarding an intimate photo also be a crime?
People who did not originally obtain the image may also be liable.
The Criminal Code expressly covers the situation of a person who receives the images or recordings referred to in Article 197.7 and subsequently shares, reveals or transfers them to other people without the affected person's consent.
Therefore, someone saying “it was sent to me too” does not automatically mean they can share it again.
When the penalty is increased for sharing intimate images
Article 197.7 provides for the penalty to be imposed in its upper half in certain circumstances.
Partner or former partner
This may apply where the acts are committed by the spouse or by a person who is or has been in a similar intimate relationship with the victim, even if they have not lived together.
Minor or particularly vulnerable victim
The penalty is also increased where the victim is a minor or a person with a disability requiring special protection.
Profit motive
An increase is also provided for where there is a profit motive.
We should not add aggravating circumstances that Article 197.7 does not expressly provide for. For example, simply using the internet is not currently classified by this provision as a standalone aggravating circumstance.
What to do if they threaten to publish the images
We do not need to wait for the content to be published before seeking help.
When someone uses intimate photographs to demand money, further images, sexual relations or other conduct, we must also assess any threats or coercion involved.
Sextortion
The term sextortion describes this type of blackmail, but it is not in itself a single offence with separate legislation.
The legal classification will depend on what the perpetrator demands, how they threaten the victim and what acts they have carried out.
Depending on the facts, this may involve threats, coercion, extortion or other offences.
We do not recommend paying or negotiating without legal advice
Paying money does not guarantee that the content will be deleted.
Furthermore, conversations with the person responsible may be important to the investigation, so we recommend preserving them and considering how to proceed.
How to remove intimate photos posted without consent
Where intimate photos are shared without consent in Barcelona, criminal action and content removal can be pursued in parallel.
Request removal from the platform
Instagram, Facebook, TikTok, X, Google and other platforms have mechanisms for reporting intimate content posted without consent.
We must identify the affected posts, profiles and URLs precisely.
AEPD Priority Channel
The Spanish Data Protection Agency has a Priority Channel for certain particularly serious situations.
It is intended for sexual or violent photographs, videos or audio published online where the unlawful sharing creates a serious risk to the rights, freedoms or health of the affected person.
The AEPD can assess these cases as a priority and, where appropriate, order measures aimed at limiting the continued spread of the content.
The Priority Channel does not apply to every private message
The AEPD itself states that this specific channel is not intended for cases where content is shared exclusively through instant messaging services such as WhatsApp or Telegram, or by email.
That does not mean we cannot report those acts as crimes. It simply means we must use other channels to try to stop them.
Should I report it to the Mossos if I am in Barcelona?
If we are facing possible intimate photos being shared without consent in Barcelona, we can notify the law enforcement authorities or bring the matter before the relevant courts.
With every hour that passes, the harm may increase. Our lawyers specialising in privacy offences in Barcelona are ready to advise you confidentially and with no obligation.
In Catalonia, the Mossos d'Esquadra are one of the usual channels for filing a report.
What we should take when filing a report
We recommend providing:
- Screenshots and links.
- Conversations with the person responsible.
- Usernames and phone numbers used.
- The date on which we discovered the sharing.
- People who received the images.
- Threats or demands made.
- Documentation that may identify the person responsible.
We can report it even if we do not know who it was
It is not necessary to know the perpetrator's identity in advance.
One of the purposes of the investigation will be precisely to try to identify the person who posted, sent or shared the content.
How we can try to identify the person responsible
In proceedings involving intimate photos being shared without consent in Barcelona, digital evidence can be essential.
Profile and account data
Depending on the case, data linked to accounts, profiles, communications or other information that can help reconstruct the sharing may be requested through the courts.
IP addresses and technical records
An IP address can provide information, but it does not by itself automatically identify the person who made the post.
It must be linked to other data, devices, lines, witness evidence and other evidence.
Digital forensic evidence
In technically complex matters, we may consider a digital forensic examination to analyse devices, messages, files or other digital evidence.
It is not necessary in every case, but it may be useful where the authenticity or origin of certain content is disputed.
Can we claim compensation?
In addition to criminal liability, we can consider civil liability arising from the facts.
Emotional distress
A serious breach of our privacy may give rise to compensable emotional distress.
Its assessment will depend on circumstances such as the scale and duration of the sharing, the content, the people who accessed the images and the consequences proven for the victim.
Other losses
Where there are financial losses or expenses directly related to the facts, we can also consider claiming them, provided that we can prove them and establish their connection to the conduct under investigation.
How long do I have to file a report?
We do not recommend waiting.
Regardless of the limitation period, the more time passes, the more difficult it may become to preserve certain digital evidence.
Article 197.7 does not become time-barred after three years
The Criminal Code currently establishes, as a general rule, a limitation period of five years for other offences where none of the longer periods applies, except for minor offences, insults and defamation.
Therefore, the period must be calculated according to the offence or offences that ultimately apply and the specific rules for calculating it.
For certain privacy offences committed against minors, there are also specific rules on when the limitation period begins to run.
How we work at Barcelona Penal
At Barcelona Penal, we are a law firm dedicated exclusively to Criminal Law.
In cases of intimate photos being shared without consent in Barcelona, we first analyse what happened from the moment the image was created through to its publication or forwarding.
We preserve and organise the evidence
We identify posts, profiles, conversations, recipients and any relevant evidence.
We assess which offences may have been committed
We do not automatically apply Article 197.7. We review how the images were obtained, who shared them and whether there were threats, unlawful access, harassment or other conduct.
We prepare the report or litigation strategy
We set out the facts in an orderly manner and assess which investigative steps may be necessary to identify the person responsible and preserve evidence.
We act as private prosecutors
Where appropriate, we can appear on behalf of the victim to take an active role in the proceedings and claim compensation for the harm caused.
Conclusion: preserve, remove and report
Intimate photos being shared without consent in Barcelona requires action on two fronts at the same time: limiting the spread of the images and properly preparing the legal response.
We must preserve the evidence before it disappears, use the available removal mechanisms and assess which offence may have been committed based on how the images originated and the conduct of the person responsible.
Having authorised a photograph does not mean having authorised its sharing.
At Barcelona Penal, we are lawyers specialising in privacy offences and cybercrime in Barcelona. In cases of intimate photos being shared without consent in Barcelona, we assess the matter from the first evidence through to a possible private prosecution and a claim for the harm caused.
Frequently asked questions about intimate photos shared without consent in Barcelona
You do not have to face this situation alone. At Barcelona Penal, we defend your rights with discretion, experience and exclusive dedication to Criminal Law. Take the first step today.