LOS DELITOS CONTRA «EL HONOR» DE LA CORONA Y EL DISCURSO DE ODIO.

This paper aims to systematize the arguments used by the Spanish courts to support the convictions for the crime of libel and defamation against the Crown regulated in article 490.3 and 491 of the Criminal Code. Traditionally, the jurisprudence considered offenses against the honor of the Crown those expressions that were insulting and unnecessary to convey ideas or opinions contrary to the institution. However, following STC 177/2015, the courts have interpreted some messages directed against kings as incitement to hatred and violence. This construction contradicts the European Court of Human Rights doctrine on the limits to freedom of expression. In addition, it deforms the concept of «hate speech» and makes us wonder what legal interest is being protected by these legal provisions. [ABSTRACT FROM AUTHOR]