Defamation on Social Media

Let’s make our voices heard, but let’s not break our tone!

Today, with the development of technology, social media has become an area where more people than ever before make their voices heard, individuals can express their thoughts freely, react instantly to social events, and individuals can shed light on these social events. These social networks, which allow people to express their thoughts freely, sometimes cause us to witness people using insults and humiliating discourses against each other. Although we seek freedom, it must not be forgotten that this freedom must be limited to respecting the rights of other individuals. Many users find it easy to insult other people by hiding behind anonymity. However, such behaviors cause polarization of society by removing social media interaction from a healthy plane. This creates more hate speech and conflict. We can make criticisms, but while doing so, we must always communicate in a constructive language without forgetting our human values.

Let’s not forget that our attitudes in the virtual world have serious consequences in the real world.

In this article, I aim to give you general information about the criminal sanctions of the crime of defamation on social media and its consequences in terms of compensation law. While doing this, I will try to clarify the issue by giving examples.

Insult and Criminal Sanction on Social Media:

The crime of insult is regulated in Article 125 of the Turkish Penal Code and ” A person who imputes a concrete act or fact that may offend the honor, dignity and dignity of a person or attacks the honor, dignity and dignity of a person by cursing is punished with imprisonment from three months to two years or a judicial fine.” Article 125/2 of the Turkish Penal Code states that “If the act is committed with an audio, written or visual message addressed to the victim, the penalty specified in the above paragraph shall be imposed.” and kept the commission of the crime of insult with an audio, written or visual message the same as the basic form of the crime of insult.

The crime of defamation; It can be processed through applications and social media accounts such as Instagram, Facebook, Twitter, Telegram, WhatsApp, etc., as well as through other methods such as sending e-mails (e-mails).

It is impossible to count the words that constitute the crime of defamation on the Internet in the law one by one. The basic rule for the occurrence of the crime; It is the imputation of a concrete act or fact that will offend the honor, dignity or dignity of the person with the words and behaviors displayed on the internet, or the attack on the honor, dignity or dignity of the person through swearing.

Uttering words such as “dishonorable”, “idiot”, “characterless”, “stupid”, “animal”, etc. on the Internet will constitute the crime of defamation.

Negative comments on pictures shared on social media can also constitute an insult crime. For example, calling a blind person a “blind wife” leads to the crime of defamation on the internet.

The crime of defamation on the Internet can be committed verbally as well as with comments, texts, figures and images. For example, a comment made to a person under a picture of feces such as “you look like this” causes the crime of defamation through the internet.

When a crime of defamation is committed against a person or group on social media, the aggrieved party can apply to the court and file a complaint. Social media users can ignore the seriousness of their posts in moments of carelessness or anger. However, it should not be forgotten that social media messages are also within the scope of the law; Therefore, it needs to be carefully considered before any content is shared.

As a result, we should be aware of the limits of this freedom as well as freedom of expression on social media. Every individual should use a respectful and constructive language, being aware of the consequences that may arise within the framework of criminal law; Otherwise, it carries the risk of facing legal sanctions that cannot be prevented. Social media is not only a communication tool, but also an area where we need to understand social responsibilities and legal boundaries.

Dimension of Defamation and Compensation on Social Media:

In today’s digital age, social media platforms offer us ample space to freely express our thoughts, share our experiences, and interact with other people. However, this unrestricted freedom of expression brings with it serious consequences. In particular, the insult encountered on social media, together with the anger and sudden reflexes it is combined with, opens a door that can result in compensation lawsuits.

Insults made on social media not only damage the dignity of individuals from a legal point of view, but also often raise claims for material and moral compensation. It is clear that those who act contrary to the personal rights specified in the Turkish Civil Code are obliged to pay compensation to the victims.

In cases where a person is targeted on social media and unfairly humiliated or insulted, that person can seek compensation by taking legal action.

For this reason, it is important for social media platforms to inform users in order to create a correct communication language. Knowing about the legal consequences that users may face while sharing can lead them to a more respectful and conscious communication style.

As a result, it is of great importance to be careful and respectful while exercising our freedom of expression on social media, and not to harm the personal rights of others. Insults have an impact beyond words and can leave long-lasting scars on our lives. For this reason, we should not forget that every thought we share and every word we say on social media can legally bind us.

Prey. Merve TERLEMEZ