THE USE OF SOCIAL MEDIA IN MIGRANT SMUGGLING

ENTRANCE

The increasing global migration movements have mobilized not only states but also organized crime syndicates. Migrant smuggling has taken on new forms in the digitalized world; in this context, social media platforms, in particular, have become communication, propaganda, and operational areas for criminal organizations. Illegal migration attempts are now managed via Instagram for routes, WhatsApp for payment information, and Telegram for transit plans.

This study will examine the use of social media, the digital face of migrant smuggling , and its impact on criminal law, evidentiary standards, law enforcement practices, and human rights; the nature of the crime under Article 79 of the Turkish Penal Code will be evaluated within the context of new generation crime techniques.

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I. DEFINITION AND LEGAL REGULATION OF MIGRANT SMUGGLING

A. Definition According to Article 79 of the Turkish Penal Code

According to Article 79 of the Turkish Penal Code, migrant smuggling is:

"Anyone who, with the intention of directly or indirectly obtaining material gain, brings a foreigner into the country, enables them to stay in the country or to leave the country" shall be punished with imprisonment from three to eight years and a judicial fine.

The victim of this crime is the state's public order; however, migrants who appear to be victims are often also exploited by criminal organizations.

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II. THE USE OF SOCIAL MEDIA IN MIGRANT SMUGGLING

A. Characteristics of New Generation Organized Crime

Organized smuggling activities conducted via social media;

• Anonymous communication (Telegram, Signal),

• Payment with cryptocurrency (Bitcoin, USDT),

• Dynamic groups and forums (Facebook, Reddit, TikTok),

• Hidden links and invitation codes (Dark web, Discord),

• The campaign is carried out using fake identities, route maps, and border crossing videos .

B. Platforms Used

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III. EVALUATION FROM THE PERSPECTIVE OF CRIMINAL LAW

A. The Perpetrator's Digital Identity and the Element of Intent

Because social media accounts are often run with fake identities, identifying the perpetrator and proving intent is difficult. However, digital traces (IP address, MAC address, session logs) can reveal intent. A person sharing "toll fees, routes, and locations" in a Telegram group could be a direct perpetrator.

B. Application within the scope of Article 79 of the Turkish Penal Code

Although the Supreme Court primarily focuses on classic transportation actions, determine routes, collect money, and direct traffic through social media as perpetrators or accomplices.

C. Connection with the Crime of Incitement to Crime

Under Article 214 (incitement to commit a crime) and Article 215 (praising crime and criminals) of the Turkish Penal Code, certain content shared on social media may also be punishable. For example, content such as "We crossed into Europe, it was very easy" could be considered incitement to commit a crime.

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IV. EVIDENCE STANDARDS AND LAW ENFORCEMENT PRACTICES

A. The Importance of Digital Evidence

In social media-based crimes, the following evidence is crucial:

• IP address logs

• Server log records (WhatsApp/Telegram data)

• Cryptocurrency transfers (wallet addresses)

• Group chat screenshots

• Official responses from social media platforms (in cooperation with BTK/Interpol)

B. The Principle of Legality

According to Article 134 of the Code of Criminal Procedure, digital data can only be obtained with a judge's order. Otherwise, screenshots and correspondence obtained illegally are considered unlawful evidence. This presents a significant challenge in proving a crime.

C. New Methods in Law Enforcement Practices

• Cyber ​​patrol teams

• Infiltrating groups with fake users

• Account blocking via Interpol

• Cryptocurrency tracking systems (MASAK compliant)

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V. RESPONSIBILITY IN THE CONTEXT OF INTERNATIONAL LAW

A. Palermo Protocol

The Palermo Protocol to the United Nations Convention against Transnational Crime focuses on international cooperation against migrant smuggling. Türkiye has ratified this protocol and increased cooperation against crimes organized through social media.

B. EU-Türkiye Readmission Mechanisms

Since social media-based organizations often aim to facilitate passage to the EU, many of the migrants sent back to Türkiye under readmission agreements are victims of these criminal organizations.

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VI. CRITICISMS AND PROPOSED SOLUTIONS

A. Criticisms

• The judicial and law enforcement authorities lack adequate equipment for digital evidence management

• The inadequacy of international platforms (Meta, Telegram) in data sharing

• Victims of migrant smuggling are often treated as criminals rather than victims

B. Proposed Solutions

1. International protocols should be established with social media giants.

2. Cryptocurrency tracking systems (blockchain analysis software) should be widely adopted.

3. Law enforcement personnel should receive training on digital crime techniques.

4. Psychosocial support and witness protection procedures should be implemented to protect migrant victims.

5. In criminal proceedings, it should be mandatory for digital evidence to be supported by adequate technical reports.

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CONCLUSION

Migrant smuggling is no longer confined to dark alleys; it takes place behind "share" and "send" buttons. Social media provides a fast, anonymous, and accessible platform for criminal organizations. Combating this new generation of crime is possible not through traditional methods, but cyber law, digital evidence management, and international cooperation .

The framework established by Article 79 of the Turkish Penal Code is applicable to social media-based crimes; however, shortcomings in implementation necessitate more up-to-date and technically robust solutions to address technologically evolving crime patterns.