Social media before higher courts in Spain: judicial dialogue for innovative and difficult cases and the resolution of disagreements between courts

This paper analyses judicial adjudication in Spain in the context of social media. It briefly describes the constitutional and legal framework under which courts should address social media cases and subsequently assesses the role of Spanish higher courts. The analysis is carried out from two perspectives. First, it considers the role of fundamental rights in social media cases and, therefore, whether Spanish higher courts have framed social media cases within the fundamental rights’ framework. Second, it examines the role of judicial dialogue in Spain and whether it has been relevant for Spanish higher courts in approaching social media cases.