Defamation Case on Instagram in Turkish Law
Introduction:
In this article, we will examine how defamatory posts made on Instagram are evaluated according to the Turkish Penal Code and what rights the victim has if this crime occurs.
What is Defamation?
According to Article 125 of the Turkish Penal Code, defamation is defined as attributing a concrete act or fact to someone in a way that will offend their honor, dignity, or reputation, or attacking someone’s honor, dignity, and reputation by insulting them. For this crime to occur, it is sufficient that the defamatory statements are made directly to the victim or that the victim is aware of these statements.
How is Defamation Committed on Instagram?
Defamation on Instagram can be committed by a user sending defamatory messages to another user, writing comments, or insulting through photos and videos. If defamatory statements are made publicly or to a specific number of followers, it constitutes an aggravated form of the crime, and the penalty is increased.
Rights of the Person Subjected to Defamation on Instagram
A person subjected to defamation on Instagram has the following rights:
Filing a complaint: The victim can file a complaint by going to the nearest police station or the Public Prosecutor’s Office.
Collecting evidence: The victim can present defamatory messages, comments, screenshots, photos, and videos as evidence.
Filing a compensation lawsuit: The victim can file a lawsuit for compensation for the moral damage suffered.
Filing a lawsuit to prevent the violation of personal rights: The victim can file a lawsuit to prevent the recurrence of the violation of personal rights and request an injunction.
Penalty for Defamation on Instagram
The penalty for defamation is imprisonment from 3 months to 2 years or a judicial fine. If defamatory statements are made publicly or to a specific number of followers, the penalty is increased.
Case Example:
If a user writes defamatory comments such as “brainless,” “idiot,” and “traitor” to another user on Instagram, the crime of defamation occurs. The victim can file a complaint, and the perpetrator can be punished according to Article 125 of the Turkish Penal Code.
Is a Defamation Case on Instagram Subject to Reconciliation?
Crimes subject to reconciliation are specifically listed in the law. Defamation is among these crimes. The only exception is defamation committed against public officials.
If reconciliation is reached regarding defamation on Instagram, if the file is in the investigation phase, a decision of non-prosecution will be made, and if the file is in the trial phase, a decision of dismissal will be made.
Outcomes of a Defamation Case on Instagram
Trial Process:
During the trial, the defendant prepares their defense, evidence is presented, witnesses are heard, and the parties make their defenses. The court evaluates all the evidence and statements and makes a decision.
Identification of the Suspect and Prevention of Non-Prosecution
Since Instagram does not have representatives in Turkey, it is quite difficult to identify the owners of fake accounts. Therefore, in order to prevent a possible decision of non-prosecution, any information that can help identify the suspect should be included in the complaint petition.
If identified, the evidence obtained, along with the suspect’s address and all other information, and a copy of the defamatory post subject to the complaint should be attached to the petition. This allows for the identification of the suspect and the administration of justice.
Results of the Decision:
If the Defendant is Convicted: The defendant may be sentenced to imprisonment or a judicial fine. The victim can demand compensation for the moral damage suffered. Additionally, it can be decided to delete the defamatory posts.
If the Defendant is Acquitted: The victim has the right to appeal the acquittal decision.
Appeal:
The decision can be appealed by both parties. The Court of Appeal (Regional Court of Justice) reviews and either approves or overturns the local court’s decision.
How Long Does a Defamation Case on Instagram Last?
The duration of defamation cases on Instagram varies depending on the nature of the incident, the complexity of the evidence, and the workload. On average, it may take between 6 months and 2 years to complete an Instagram defamation case.
Factors Affecting the Trial Process:
Investigation phase: Collecting evidence and conducting expert examinations during the investigation phase may take time.
Trial phase: The trial phase may be prolonged due to the identification of witnesses and the collection of evidence by the court.
Appeal phase: The decision can be appealed by both parties. The appeal phase may also prolong the duration of the case.
Sample Supreme Court Decisions on Defamation Cases on Instagram
(… ) In the concrete case, regarding the complaint made by the complainant alleging that the suspect committed the crime of defamation against him through the Instagram account named “serenege35” by sharing posts such as “It is not for you as a man, you are stupid”, “I say stupid, it hurts”, and “rude”, the Mersin Chief Public Prosecutor’s Office decided that it could not identify the user due to the Instagram account being private. However, since the complainant clearly specified the name of the suspect in the complaint petition and provided the suspect’s phone number in the objection petition, no investigation was conducted regarding the given name. Therefore, it was stated that an open-source investigation should be conducted regarding the said social media account, the suspect’s identity information should be determined, and their defense should be taken based on the results. However, instead of accepting the objection, the decision was found to be inappropriate.” 18th Criminal Chamber, Case No: 2019/17898, Decision No: 2020/4853, Date: 24.02.2020
In the concrete case, although a decision of non-prosecution was made due to the failure of the US judicial authorities to respond to requests for mutual legal assistance regarding social networking sites such as Facebook, Twitter, and Instagram during the investigation initiated upon the complaint petition of the complainant’s attorney, it was stated that the profile information on the Twitter social networking site and other issues should be investigated to identify the suspect or suspects, mutual legal assistance should be sought with the US judicial authorities, and a decision should be made based on the results. However, instead of accepting the objection, the decision was found to be inappropriate.” 18th Criminal Chamber, Case No: 2019/23599, Decision No: 2020/6873, Date: 10.06.2020
(…)
Although it was decided that there was no possibility of prosecution due to the US’s failure to respond to requests for mutual legal assistance regarding defamation crimes, it was understood that the conditions of Article 172/1 of the CMK, which state that there is no possibility of prosecution, were not present in the concrete case. Therefore, all necessary investigation procedures should be carried out to identify the suspect, and if the suspect is identified, an indictment should be prepared. If the suspect cannot be identified, the investigation should continue until the statute of limitations expires. Accordingly, the decision to reject the objection was found to be contrary to law. 18th Criminal Chamber, Case No: 2019/23599, Decision No: 2020/6873, Date: 10.06.2020
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Defamation Case on Instagram in Turkish Law
