The crime of defamation committed on social media or the internet can be committed in two different ways:
Damaging a person’s honor and dignity by attributing a specific concrete situation and fact to them. For example, saying “you stole my computer, you are a thief” to someone on the internet constitutes the crime of defamation.
Humiliating and insulting a person with general and abstract words and behavior. For example, calling someone “dishonorable” on the internet constitutes the crime of defamation.
The crime of defamation can be committed via other methods such as sending emails, as well as through applications and social media accounts on the internet, such as Instagram, Facebook, Twitter, Telegram, WhatsApp, etc. A person who commits defamation on the internet is punished according to the provisions of Article 125 of the Turkish Criminal Code:
TCK Article 125
1) A person who attributes a concrete act or fact that could damage the honor, dignity, and reputation of another person, or who attacks the honor, dignity, and reputation of another person by cursing, shall be punished with imprisonment from three months to two years or a judicial fine. For an insult committed in the absence of the victim to be punishable, the act must have been committed with at least three other persons.
(2) If the act is committed through an audio, written, or visual message targeting the victim, the penalty specified in the preceding paragraph shall be imposed.
(3) The crime of insult;
a) Against a public official in connection with their duties,
b) Acting in accordance with the commands and prohibitions of the religion to which he or she belongs, expressing, changing, or attempting to spread his or her religious, political, social, philosophical beliefs, thoughts, and opinions,
c) If committed in relation to values considered sacred according to the person’s religious beliefs, the minimum sentence shall not be less than one year.
(4) If the insult is committed publicly, the penalty shall be increased by one-sixth.
(5) If public officials serving on the board are insulted in connection with their duties, the offense shall be deemed to have been committed against the board members. However, in this case, the provisions of the article on consecutive offenses shall apply.
Which Words Can Be Used to Commit the Offense of Insult on the Internet?
It is not possible to list individually the words that could constitute the crime of insult on the internet in the law. The basic rule for the crime to be committed is that the honor, dignity, or reputation of a person is attacked by attributing a concrete act or fact that would offend their honor, dignity, or reputation through words and behavior used on the internet or by cursing. It is clear that what is important in the crime of insult via the internet is the punishment of actions that offend the person and devalue society.
You can use expressions such as “shameful,” “disgraceful,” “stupid,” “idiot,” “animal,” “fool,” etc. by sending messages, tweeting, or commenting online. It is clear that using such words constitutes the crime of insult.
Some negative comments made on images shared on social media (Instagram, Facebook, Twitter, etc.) may also constitute the crime of insult. Even if the fact attributed to the person in the image relates to their physical or psychological characteristics, it constitutes the elements of the crime of insult. For example, calling an overweight person “God’s fatso” or a person without limbs “cripple” constitutes the crime of insult on the internet. Similarly, a comment such as “it’s you” posted under a picture of a stool also constitutes the crime of insult on the internet.
However, if the concrete fact attributed to the person on the internet is proven, the crime of insult does not occur. For example, if the message “you stole my computer” is proven, it does not constitute the crime of insult. However, calling someone who has a previous conviction for theft a “thief” is a crime of insult.
Rude, arrogant, and disrespectful words and behavior on the internet do not constitute a crime of insult. Words do not constitute insults. Saying “Get off my page, you’re rude” is rude behavior and does not constitute a crime of insult.
Similarly, cursing and behavior do not constitute the crime of insult. For example, expressions such as “May God do what He knows best,” “May God curse you,” “You’re going to hell,” and “May God separate you from your children” on social media are not considered the crime of insult by the Court of Appeals because they are considered cursing.
Criticism directed at individuals known for their actions in the public eye does not constitute defamation. For example, football players, artists, and politicians should be more open to public criticism than ordinary people. For instance, saying to a politician, “This country has become poor because of you; you sold everyone out,” is not a harsh criticism and does not constitute defamation.