Man given month of conditional night-time arrest and €5,000 for TikTok defamation and threats

A man has been sentenced to one month of conditional night-time arrest for minor threats and defamation after posting a video on TikTok that denigrated the professional image of his daughter’s partner. The court found that that video, together with several threatening voice messages sent by WhatsApp, formed part of a baseless campaign of harassment and discredit.

The case began when the victim testified as a witness in the man’s separation proceedings. After the hearing, the accused sent a WhatsApp message accusing him of lying and saying he had “some friends who wanted to greet you.” Tensions rose after the civil ruling, when the man sent several intimidating audio messages, including “El karma te lo va a pagar,” “Lo vais a pagar,” and “Te voy a pillar cara a cara y te daré dos bufetadas,” which the public prosecutor classified as minor threats.

The situation escalated when the young man posted a TikTok promoting his business. The accused reposted on his own TikTok two photos of the young man with the caption advising people not to hire him and calling him “a shameless person.” The tribunal concluded the video’s sole aim was to discredit the victim’s business reputation and attack his honour with no factual basis, constituting a minor criminal defamation offence.

The defence presented medical documentation saying the accused suffered from anxiety and major depression and argued his conduct was irrational and motivated by poor mental health. The court, however, ruled that this did not remove criminal responsibility, noting that a mental disorder only exempts criminal liability if the conduct was unforeseeable or caused by the condition in a way that removes culpability.

The sentence imposes one month of conditional night-time arrest, and the accused must pay €5,000 in civil damages for the harm caused. Judges also authorised the victim to publish the final ruling on his TikTok account, since that was the platform used to spread the defamation.

The ruling notes this conviction is one of several legal actions and complaints against the man, which include allegations of death threats, coercion, public defamation of an authority through leaked false complaints, persistent surveillance, and puncturing the tyres of his ex-partner’s vehicle. These leaks have reportedly caused significant unrest within the Saig corps and damaged professional reputations; the victim’s ex-partner and her family have also had to hire security to protect their physical safety.