Blackmail Crime via the Internet and Social Media - Istanbul Lawyer

I. INTRODUCTION

With the development of digital communication tools today, classic crimes have taken on new forms. In particular blackmailnow frequently committed not only through physical force and threats, but through the use of information systems . Obtaining personal data, demanding financial gain by threatening to disseminate private images, or sending threatening messages via social media are typical examples of blackmail through information technology.

Article 107 of the Turkish Penal Code (Law No. 5237) regulates the crime of blackmail, and when committed using information technology, both the elements of the crime and the burden of proof and criminal consequences take on a different dimension. This article will provide a comprehensive evaluation of the forms of committing blackmail through information technology, the elements of the crime, problems in practice, and Supreme Court decisions.

II. LEGAL REGULATION OF THE CRIME OF BLACKMAIL (Turkish Penal Code Article 107)

A. Material Text

Turkish Penal Code Article 107/1:

"A person who compels someone to do or refrain from doing something that they are not entitled to or obligated to do, thereby causing them to benefit themselves or another person, shall be punished with imprisonment from one to three years."

Turkish Penal Code Article 107/2:

"If someone attempts to obtain benefit by threatening to disseminate news or images that are likely to harm the honor and reputation of another person, that person shall be punished according to the provisions of the preceding paragraph."

This provision is applicable to both the general form of the crime of blackmail and its specific forms committed through information technology.

III. KEY CHARACTERISTICS OF BLACKMAIL THROUGH INFORMATION TECHNOLOGY

A. Methods of Committing Crimes in the Digital Environment

Email threats: Extortion involves sending emails to victims threatening to share confidential images in exchange for money.
Sending messages via apps like WhatsApp/Telegram: Extorting financial gain through threats such as "I will send your pictures to your spouse."
Threats via messages or comments on social media platforms like Instagram and X (Twitter).
Blackmail using AI-generated fake images (deepfake content).
Demanding cryptocurrency or wire transfers under the threat of data leakage: This is especially common after ransomware attacks.

IV. ELEMENTS OF THE CRIME OF BLACKMAIL THROUGH INFORMATION TECHNOLOGY

A. Perpetrator and Victim

Anyone could be the perpetrator. No special qualifications are required to commit the crime.
Anyone can be a victim; it doesn't matter if they are an individual, a company, or a public official.

B. Offense (Unlawful Coercion)

The victim must be forced to do something or not to do something.
The intrusion must occur through an information system (e.g., email, social media message, hacking).

C. Intent to Provide Benefit

The perpetrator's aim is to gain an advantage for themselves or third parties.
For example: "Send me 10,000 TL if you want me to distribute these images."

D. Threatening Nature

Threats to share images that violate privacy and are suitable for blackmail.
The threat must be capable of frightening the victim.

V. PROBLEMS ENCOUNTERED IN PRACTICE

A. The Problem of Evidence

A screenshot alone is not considered sufficient.
Forensic analysismust verify the source, time, and content of the message.
Digital footprints such as IP addresses and device IDs are important.

B. The Perpetrator is Anonymous

The perpetrator's identity cannot be determined, especially when communication is established through "fake accounts" or foreign phone numbers.
In this case, the prosecutor's office needs to cooperate with the Information and Communication Technologies Authority (BTK), social media platforms, and email service providers.

C. The Issue of Mediation

The crime of blackmail, as defined in Articles 107/1 and 107/2 of the Turkish Penal Code, is outside the scope of mediation.
Therefore, the public prosecution is not dropped even if the perpetrator consents.

VI. EVALUATION IN LIGHT OF SUPREME COURT DECISIONS

Violation of Privacy and Blackmail Crimes via WhatsApp

Court of Cassation, 12th Criminal Chamber – Case No. 2017/8885

In the case where the defendant allegedly threatened the victim multiple times, stating that he would reveal obscene photos he possessed if the victim did not engage in sexually explicit conversations with him over the phone, and subsequently sent these photos via WhatsApp to the victim's father and former brother-in-law, the local court's finding that the defendant's actions constituted a series of blackmail and violations of privacy is not deemed incorrect.

VII. CRIMINAL SANCTIONS FOR THE CRIME OF BLACKMAIL THROUGH INFORMATION TECHNOLOGY

A. Basic Criminal Justice

According to Article 107/1-2 of the Turkish Penal Code: imprisonment from 1 to 3 years and a judicial fine.
The fact that the crime of blackmail is committed through the use of information systemscan be considered an aggravating factor in terms of the perpetrator's intent and the severity of the crime.

B. Qualified Circumstances and Increases

The crime was committed in an organized manner.
Crimes committed against a child,
when the perpetrator uses their title as a public official .

VIII. LEGAL VALUES THAT NEED TO BE PROTECTED

Privacy of private life
Protection of personal data (related to KVKK)
Economic freedom of the individual
Information security

This type of crime involves both criminal law and private law (violation of personal rights, material/moral compensation).

IX. PREVENTIVE AND SUPPORTIVE MECHANISMS

A. Technical Measures

Personal data protection, encryption, multi-factor authentication.
Confidential data should not be shared in digital environments.

B. Legal Support

Victims should quickly file a complaint with the prosecutor's office.
Obtaining a forensic IT expert report
notarization .

X. CONCLUSION

Cybercrime crimes, perpetrated through the tools offered by technology, are among the serious threats to individuals' personal freedoms and private lives. While Article 107 of the Turkish Penal Code explicitly regulates the crime of blackmail, the integration of information technology tools into the crime makes both its nature and proof more difficult.

Improving the digital evidence literacy of judicial authorities, specializing law enforcement in combating cybercrime, and enabling victims to quickly exercise their legal rights are critical in fighting such crimes.

In this context, the Turkish Penal Code , the Personal Data Protection Law, the Code of Criminal Procedure, and relevant international conventions should be interpreted together, and practices consistent with contemporary criminal law dynamics should be developed.

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