Spain: Issued Supreme Court ruling specifying that there is no absolute right to presence on social media platforms if the conditions of use are breached

On 22 March 2024, the Civil Chamber of the Supreme Court issued a ruling rejecting the absolute right to have a presence on social media platforms if the conditions of use established by service providers are not met. The ruling justified the decision of the lower court and legitimised the disqualification of the Facebook profile of a company from Alboraia (Mon Orxata Valencia) for not providing its real name or truthful information when creating its profile and using it for commercial purposes. The Supreme Court dismissed the company's appeal, stating that the message "permanently closed" on the profile did not constitute an illegitimate interference in its right to honour but rather communicated the permanent closure of its Facebook profile, not the business itself. The ruling affirmed that the company violated the conditions of use, requiring transparency and veracity in user data.