Defamation, Threat and Harassment on Social Media in Turkey (2025)

Social media platforms have become indispensable tools in modern societies where individuals can freely express their thoughts, exchange information, and participate in public discussions. Freedom of expression, guaranteed by the Constitution, is interpreted broadly to include even ideas considered disturbing or shocking.

However, this freedom is not limitless. The right to freedom of expression ends where it turns into a tool for attacking others’ personal rights, honor, dignity, and reputation, becoming an act constituting a crime under the Turkish Penal Code (TPC). The fine line between the right to criticism and the crime of defamation is frequently emphasized in Court of Cassation decisions; it is stated that criticism should not turn into a personal attack.

This article analyzes which crimes under the Turkish Penal Code can be constituted by actions carried out via written, audio, or visual posts on social media platforms. We will examine not only defamation but also frequently encountered crimes such as threats, blackmail, sexual harassment, violation of privacy, and unlawful use of personal data. We will also explain the legal roadmap and compensation rights for victims.

Part I: Types of Crimes Encountered on Social Media and Their Elements

An action performed on social media platforms can constitute multiple crimes defined in the Turkish Penal Code, depending on its content and purpose.

1. Defamation (TPC art. 125)

The crime of defamation is committed with the intent to offend a person’s honor, dignity, and reputation. The law defines this crime through two basic forms of action:

1. Attributing a Concrete Act: Such as calling someone a “thief,” “bribe-taker,” or “fraudster.” Whether the attributed act is true or not is irrelevant to the commission of the crime.

2. Insulting: Covers general and abstract derogatory statements. For example, words like “dishonorable,” “stupid,” “despicable” constitute defamation through insult.

Publicity on Social Media (TPC art. 125/4)

One of the most important elements aggravating the penalty for defamation is “publicity.” It is sufficient for an act to be carried out in an environment open to the possibility of being seen, heard, and perceived by an indefinite number of people. According to established Court of Cassation precedents, posts made from a public profile on platforms like Facebook, Twitter, Instagram, or comments written under posts are considered “public.” In this case, the basic penalty for the crime is increased by 1/6.

Defamation via Message (TPC art. 125/2)

Defamation committed through an audio, written, or visual message addressed to the victim (e.g., direct message (DM), closed groups like WhatsApp) constitutes the basic form of the crime and is not considered public, thus the penalty increase does not apply.

This leads to different legal consequences for the same statement depending on the channel used. For example, calling someone “stupid” in a public comment on Twitter is an aggravated crime, while sending the same statement via direct message constitutes the basic form of the crime.

Aggravated Cases (TPC art. 125/3)

The law provides for a heavier penalty (minimum one year imprisonment) if the crime is committed against a public official due to their duty, due to the person expressing or changing their religious, political, or social beliefs, or by mentioning values considered sacred according to the person’s religion.

2. Sexual Harassment (TPC art. 105)

The crime of sexual harassment involves disturbing someone with sexual intent without physical contact. The most defining element is the perpetrator’s “sexual intent.” According to Court of Cassation decisions, actions such as sending sexually suggestive remarks or photos, or persistently proposing sexual intercourse fall under sexual harassment.

Aggravated Case on Social Media (TPC art. 105/2-d)

The law considers the commission of sexual harassment “by taking advantage of the ease provided by electronic communication tools” as an aggravated case. This definition covers all social media platforms (Instagram, Twitter, WhatsApp, etc.). Therefore, acts of sexual harassment committed via social media are punished more severely, and the penalty is increased by half.

3. Threat (TPC art. 106)

A threat is the notification to someone that they will suffer an unjust harm or evil in the future. The law distinguishes based on the value threatened:

• Threat against Life, Bodily Integrity, or Sexual Immunity: (e.g., “I will kill you,” “I will break your leg”). Investigation is not dependent on a complaint.

• Threat against Property or Other Evils: (e.g., “I will burn your car,” “I’ll show you”). Investigation depends on the victim’s complaint.

For a threat to constitute a crime, it must be objectively serious and intimidating.

Threat via Anonymous Account (Aggravated Case)

If the crime is committed by a person making themselves unrecognizable (e.g., using an anonymous or fake account on social media), the penalty is imprisonment from 2 to 5 years.

4. Blackmail (TPC art. 107)

Blackmail is a specific form of threat. It involves compelling someone to provide an unjust benefit by threatening to disclose or attribute matters damaging to their honor or reputation (e.g., private photos, videos, correspondence). Using private content obtained via social media to demand money is a typical example of blackmail.

5. Disturbing Peace and Tranquility (TPC art. 123) and Stalking (TPC art. 123/A)

This crime occurs when someone persistently sends messages or engages in other unlawful behavior solely to disturb another person’s peace. The key element is “persistence.” A single message usually does not suffice.

Stalking (TCK art. 123/A), added in 2022, criminalizes persistently following someone physically or via communication tools (including social media), causing the victim serious unease or fear for their safety.

Important Distinction: An act can evolve into different crimes. Innocent messages (“How are you?”) can become Disturbing Peace (TCK art. 123) if persistent. If the content turns sexual (“You’re beautiful”), it becomes Sexual Harassment (TCK art. 105) due to “sexual intent.” If messages contain threats (“Do as I say or else”), it becomes Threat (TCK art. 106). In such cases, the perpetrator is held responsible for the crime with the most severe penalty (e.g., threat or sexual harassment).

6. Violation of Communication Privacy (TPC art. 132)

This crime involves violating the privacy of private communications between individuals. In the social media context, taking a screenshot of private messages (DM) between two people and sending it to a third party or publicly disclosing it without the consent of one of the parties constitutes this crime.

7. Violation of Privacy (TPC art. 134)

This crime punishes interference with a person’s private sphere. Taking photos or videos of a person’s private moments without consent and/or disclosing this content on social media constitutes this crime. According to Court of Cassation decisions, even entering a spouse’s social media accounts without permission can fall under this crime.

8. Unlawful Dissemination of Personal Data (TPC art. 136)

Personal data is any information relating to an identified or identifiable natural person, such as ID number, phone number, address, photo, etc. Unlawfully disseminating this data (TPC art. 136) is a crime.

Recent Court of Cassation decisions are clear: Even using or disseminating a photo that a user voluntarily shared publicly on their profile, without consent and in a different context (e.g., on a fake account or in a defamatory post), constitutes the crime under TPC art. 136. Making data public does not grant third parties unlimited usage rights.

9. Unlawful Access to an Information System (TPC art. 243)

This crime covers “hacking.” Gaining unauthorized access to someone else’s social media account by guessing or stealing the password constitutes the crime of unlawful access under TPC art. 243.

Summary Table: Common Social Media Crimes

Note: Aggravating factors like “publicity” (TPC 125/4) or “via electronic means” (TPC 105/2) increase the basic penalties.

Part II: Legal Roadmap for Victims: What Can Be Done?

It is crucial for a victim of a crime committed via social media to initiate the criminal procedure correctly and effectively to seek justice.

Step 1: Taking Action (Collecting Evidence and Filing a Complaint)

Collecting Evidence

The success of the investigation depends on collecting evidence correctly.

• Screenshot: Immediately take screenshots showing the content of the post, comment, or message, the URL (web address) bar, the date and time of the post, the profile name and information of the offending account clearly.

• Risk of Content Disappearing: Perpetrators often delete incriminating content quickly. Therefore, recording evidence immediately is vital.

• Evidence Preservation: To strengthen the legal validity of screenshots, “evidence preservation” can be done through a notary public or using the “E-Tespit” service available via e-Devlet (e-Government).

Complaint Period and Authorities

For some crimes (e.g., defamation, violation of privacy), the victim’s complaint is mandatory.

• Complaint Period: For crimes requiring a complaint, the victim must file it within 6 months from the date they learned of both the act (crime) and the perpetrator. This is a forfeiture period.

• Authorities to Apply: Complaints can be filed with the Public Prosecutor’s Offices at courthouses via a petition or by making a verbal statement at the nearest law enforcement unit (Police Station, Gendarmerie Station).

Step 2: Investigation Phase (Prosecutor’s Office)

The Public Prosecutor initiates the criminal investigation and collects evidence through the Police Cybercrime units.

IP Detection and International Legal Barriers

The primary technical evidence for identifying the perpetrator is the IP address. However, obtaining user information (IP address, registration details, etc.) from major platforms like Facebook, Twitter, Instagram, whose headquarters are abroad (usually the US), is subject to international legal assistance procedures. Since the US legal system often considers crimes like defamation as “low priority,” requests from Turkish judicial authorities frequently go unanswered. This is the main reason why many social media crime investigations end without prosecution due to the inability to identify the perpetrator.

Mediation Institution

Many crimes like defamation (basic form), simple threat, and disturbing peace are subject to mediation. Before filing charges, the prosecutor sends the file to a mediator. If the parties reach an agreement (e.g., apology, payment), the investigation file is closed.

Step 3: Prosecution Phase (Court)

If the prosecutor finds sufficient suspicion, an indictment is prepared and sent to the competent court (usually the Criminal Court of First Instance). The court may issue a verdict of Acquittal, Conviction, or Deferral of the Announcement of the Verdict (HAGB). HAGB means the sentence is suspended for 5 years, and if no new crime is committed during this period, the case is dismissed.

Part III: Remedying the Damage: Seeking Compensation under Tort Law

While the criminal case aims to punish the perpetrator, a separate civil lawsuit must be filed in civil courts to recover the damages suffered by the victim.

1. Claim for Non-Pecuniary Damages (TBK art. 58)

Non-pecuniary damages aim to alleviate the victim’s emotional distress, sorrow, and mental anguish caused by the attack on their personal rights, through a monetary payment. To claim non-pecuniary damages for a social media attack, there must be an unlawful act, non-pecuniary damage, a causal link, and fault.

The judge determines the amount, considering the nature of the attack, the extent of its dissemination on social media (degree of publicity), and the parties’ socio-economic situations.

2. Claim for Pecuniary Damages

If the attack on personal rights also caused concrete and measurable material damage (e.g., a business losing customers due to false posts), a claim for pecuniary damages can be filed.

3. Effect of the Criminal Case Verdict on the Civil Case (TBK art. 74)

This is a critical point for victims.

• What Does Not Bind the Civil Judge: The civil judge is not bound by the criminal court’s acquittal verdict or its determination of the fault ratio. An acquittal due to insufficient evidence does not bind the civil judge because the standards of proof differ (criminal requires proof beyond doubt, civil often requires preponderance of evidence).

• What Binds the Civil Judge: The civil judge is bound by the material facts established by a final criminal court decision (i.e., whether the defendant committed the act).

Practical Consequence: If the criminal court acquits based on “insufficient evidence,” the civil judge can still re-evaluate the same facts and award compensation. Therefore, an acquittal in the criminal case does not automatically mean the compensation case will be lost.

4. Competent and Authorized Court for Compensation Cases

• Competent Court: Civil Court of First Instance.

• Authorized Court: The lawsuit can be filed at the defendant’s place of residence, or conveniently for the victim, at the victim’s own place of residence.

Conclusion and Strategic Recommendations

Actions on social media can have serious legal consequences under the Turkish Penal Code. The Court of Cassation is expanding the protection of personal rights in the digital sphere, particularly regarding publicity and the use of publicly shared personal data. However, identifying perpetrators, especially those using anonymous accounts, remains a major legal hurdle due to international procedural difficulties.

Individuals who become victims of a crime via social media are advised to take the following steps to avoid losing their rights:

1. Stay Calm and Collect Evidence: Without panicking, immediately take screenshots showing the content, URL, date, time, and perpetrator’s profile information clearly.

2. Secure the Evidence: Preserve the legal validity of the screenshots through a notary public or the “E-Tespit” service via e-Devlet to counter the risk of deletion.

3. Do Not Miss the Complaint Deadline: If the act is a crime requiring a complaint (defamation, violation of privacy, etc.), file it with the Public Prosecutor’s Office within the 6-month forfeiture period.

4. Remember Your Right to Compensation: Do not forget your right to file a separate lawsuit for non-pecuniary damages in the Civil Court of First Instance, during or after the criminal proceedings.

5. Seek Professional Legal Support: Investigating social media crimes requires technical knowledge, and compensation processes involve complex legal evaluations. Obtaining support from a lawyer specializing in cyber law and criminal law from the beginning will ensure your rights are protected most effectively.