08 Oct THE CRIME OF DEFAMATION ON THE INTERNET AND SOCIAL MEDIA
A crime of insult committed through social media or the Internet can be committed in the form of two different actions:
Damage to the honor and dignity of a person by attributing a certain concrete situation and phenomenon. For example, saying to someone via the Internet “you stole my computer, you are a thief” constitutes an offense of defamation.
By words and behaviors of a general and abstract nature, a person is depreciated, offended. For example, calling someone an “asshole” over the internet constitutes a crime of insult.
Facebook instagram, twitter, telegram, whatsapp, etc. it can be processed through applications and social media accounts, as well as through other methods such as sending e-mail (e-mail), it can also be processed over the Internet. The person who commits a crime of defamation over the Internet is TCK M.125 will be punished in accordance with the provisions:
TCK m.125
1) A person who attributes a concrete act or phenomenon that may offend the honor, honor and dignity of a person or attacks the honor, honor and dignity of a person by swearing shall be punished with imprisonment from three months to two years or a judicial fine. In order for an insult to be punished in absentia by the victim, the act must be committed in a dispute with at least three people.
(2) If the act is committed with a voice, written or video message from the victim to the addressee, the penalty specified in the above paragraph shall be imposed.
(3) The offence of defamation;
a) For his duty to a public official,
b) due to the fact that he explains, changes, tries to spread his religious, political, social, philosophical beliefs, thoughts and opinions, behaves in accordance with the orders and prohibitions of the religion to which he belongs,
c) If a person commits a bet on values considered sacred according to the religion to which he belongs, the lower limit of the penalty cannot be less than one year.
(4) If the insult is committed publicly, the penalty shall be increased by one-sixth.
(5) If public officials working in the case of the Board are insulted for their duties, the crime shall be deemed to have been committed against the members who constitute the board. However, in this case, the provisions of the article on chained crime apply.
With What Words Can a Crime of Defamation Be Committed on the Internet?
It is impossible to count the words that can constitute a crime of defamation over the Internet individually in the law. The basic rule for the occurrence of a crime is that a concrete act or phenomenon that will offend a person’s honor, honor or dignity is attributed to words and behaviors made on the Internet, or a person’s honor, honor or dignity is attacked by scolding. It can be seen that the main thing in the crime of defamation through the Internet is the punishment of acts that offend a person and make him worthless in society.
By sending messages, tweeting or commenting on the Internet, “dishonest”, “dishonest”, “retarded”, “stupid”, “animal”, “manuscript”, etc. it is obvious that saying such words will constitute a crime of insult.
Social media (instagram, facebook, twitter, etc.) some negative comments made to the images shared on it may also constitute a defamation offense. Even if the phenomenon attributed to the person in the pictures is related to the physical or psychological characteristics of the person, it constitutes elements of the offense of insult. For example, calling an overweight person “fat of allah” or a person who does not have one of his limbs “crippled man” constitutes a crime of defamation over the Internet. Again, a comment in the form of “this is you” made under the picture of feces for a person is considered a crime of insult via the Internet.
However, if the concrete fact attributed to the person on the Internet is proven, the offense of defamation does not occur. For example, the message ”you stole my computer” does not constitute a crime of insult if proven. But it is a crime of insult to say to a person who has a criminal record for a theft he has committed before, “you are a thief”.
Rude, arrogant and disrespectful words and behaviors said on the Internet do not constitute a crime of insult, “rude, disrespectful, hypocritical, liar”, etc. words do not constitute a crime of insult. Saying ”get off my PAGE, dirty” is an unkind act and does not constitute a crime of insult.
Again, free words and behaviors do not constitute a crime of insult. For example, words such as “may allah do as he knows you”, “may allah give you away”, “you have a path to hell”, “may allah take you out of your children”, which are said via social media, are not considered a crime of defamation by the Supreme Court because they are free words.
Criticism of well-known people for their publicly recognized work also does not constitute a crime of insult. For example, football players, artists, politicians should be more open to criticism by public opinion than ordinary people. For example, saying to a politician that “because of you, this country has become poor, you have sold everyone” is a heavy criticism and does not constitute a crime of insult.
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