2. Ciberodiouna propuesta para optimizar el marco penal español y garantizar una fundamentación de su castigo ajustada a derecho

Abstract

Cyberhate is a complex and multiform criminal phenomenon. Its forms of manifestation demand, as could not be otherwise, designing and outlining legal-penal responses in line with the projected threats. However, cataloguing the scathing, aggressive, threatening or humiliating comments that flood the digital environment using a legal-criminal filter seems complicated. The gradation of more or less offensive language is infinite in nuances. However, the Internet is a hotbed of circumstantial information (i.e. information rich in detail). The increasingly advanced protection provided by criminal law seems to be an invitation to use this treasure trove of information. Whether or not they are willing, the trace left by each user on the network is a valuable material to be used –at least in potential terms- against them. At present, combining all the above without falling into the criminal author law approach or the overexposure of criminal speech (anticipatory and preventive criminal law) is a challenge. The approximation between national legal systems, even if they come from very different legal cultures, includes procedural and judicial cooperation, but also –and very significantly- that of substantive criminal law or political-criminal cooperation. Looking at other national realities or sensibilities will serve as a valuable counter-point to the Spanish criminal framework. Legislative corrections or alternative legal interpretations will be proposed to optimize the fight against online hate.