Social Media and the Crime of Insult

CRIME OF INSULT THROUGH SOCIAL MEDIA

Social media is a digital platform that allows individuals to interact, share, and communicate through networks online. Applications such as Facebook, Instagram, Twitter, YouTube, Ekşi Sözlük are among the many platforms under this umbrella. With the advancement of technology, the use of social media increases daily. While this offers many benefits, it also presents certain risks. The ease and speed with which opinions and comments can be shared have also made insults and threats more common. Among the most frequently committed crimes in daily life, insult stands out especially due to the widespread use of social media.
 

Definition of Insult in Turkish Criminal Law

According to Article 125/1 of the Turkish Penal Code (TPC):
“Anyone who attributes to another person an act or fact that may offend their honor, dignity, or respectability or insults them by using offensive words shall be punished with imprisonment from three months to two years or with a judicial fine.”
If the insult is committed in the absence of the victim, it must have been made in the presence of at least three other people to be punishable.
 

Article 125/2 extends this to communication through written, visual, or audio messages, such as social media posts, emails, texts, or direct messages.
 

To be punishable, the insult must damage the victim’s honor or dignity, either by attribution of specific facts or through direct offensive language. This can be done through words, gestures, images, signs, or mimics.
 

Types of Insult via Social Media

Insults via social media can be either:

  • Direct insults (the victim is aware or directly addressed),

  • Indirect insults (made in the victim’s absence, but shared with at least three people).


Insults can be committed through:

  • Email

  • SMS

  • WhatsApp

  • Instagram, Twitter, Facebook DMs

  • Phone calls

The punishment remains 3 months to 2 years of imprisonment or a judicial fine. The material element is the presence of a communication; the mental element is the intent to insult.


Complaint and Proof in Insult Cases on Social Media

Insult is a complaint-based crime. The victim must:

  1. Take a screenshot of the insult showing date and identity information.

  2. File a criminal complaint with the Public Prosecutor’s Office, attaching the evidence.

  3. File the complaint within 6 months from learning of the insult.
    Even if the post remains on the platform, the statute of limitations does not reset.

If the suspect's identity is known, authorities can request IP information to confirm the sender. If the identity is unknown, especially with fake accounts, obtaining user data may require international cooperation, often unsuccessful when the crime is considered “low-priority” (as with the U.S. servers of Meta or X).

Victims should remember that:

  • The insult may result in criminal penalties under TPC Art. 125,

  • And compensation under Civil Code Art. 58 for violation of personal rights.


Court Rulings on Social Media Insults (Yargıtay Decisions)

  • Yargıtay 4th Criminal Chamber (2020/25973 E., 2020/18538 K.):
    Even if initial investigation failed to verify the identity, the court held that further effort to identify the suspect via social media tracing and police inquiries was necessary.

  • Yargıtay 4th Criminal Chamber (2020/19287 E., 2021/303 K.):
    The complaint was wrongly rejected due to a misunderstanding of the date of discovery. The image showing the date proved the complaint was timely.

  • Yargıtay 6th Criminal Chamber (2018/445 E., 2020/2470 K.):
    In a case where insult and blackmail occurred over social media and personal interactions, the court held that threats to publish inappropriate content and theft of bank card constituted multiple offenses.

  • Yargıtay 4th Criminal Chamber (2021/1370 E., 2021/10616 K.):
    The court emphasized that even when the suspect could not be identified, investigation must continue until the statute of limitations expires, and the complaint should not be dismissed prematurely.


Provocation and Abuse of the Legal Process

Some public figures—especially politicians and TV personalities—intentionally provoke audiences to incite insulting responses, later seeking financial compensation during mediation. While insult is a crime open to reconciliation, some have turned this into a revenue-generating tactic, disregarding the economic or social standing of the accused.

This trend has become more visible with the rise of social media, where expressing opinions is easier than ever. Yet, it is crucial to distinguish criticism from insult:

  • Criticism aims to evaluate or highlight flaws in an idea or work and is not punishable.

  • Insult, however, is a personal attack that damages honor or reputation and is punishable.

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