Compensation for Violation of Personal Rights

1. Introduction

In today's technologically advanced and digital world, violations of personal rights are frequently discussed not only in face-to-face interactions but also in the press, on the internet, and on social media platforms

• That's false news

• Insults or defamation made on social media,

• Unauthorized sharing of personal data,

It can directly damage a person's honor, reputation, and private life . In such a case, the victim can claim material and moral damages under Turkish law

⚖️ Supreme Court Grand Chamber, Case No. 2015/4-1234, Decision No. 2017/6789:
“In cases of violation of personal rights, freedom of expression and freedom of the press are not unlimited; the supremacy of personal rights must be observed.”

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2. Legal Framework

2.1. Constitutional Basis

• Article 17 of the Constitution: Inviolability of the person, the right to protect their physical and moral integrity.

• Article 20 of the Constitution: Privacy of private life.

• Article 28 of the Constitution: Freedom of the press (balanced with personal rights).

2.2. Legal Basis

• Turkish Civil Code Articles 24-25: Protection of personal rights against unlawful attacks.

• Turkish Code of Obligations, Article 58: Right to moral damages.

• Article 14 of the Press Law: Violations committed through the press.

• Law No. 5651: Blocking access to internet content.

• KVKK (6698): Protection of personal data.

⚖️ Supreme Court of Appeals, 4th Civil Chamber, Case No. 2016/7890, Decision No. 2018/4321:
“Insulting posts on social media constitute a violation of personal rights and give rise to claims for moral damages.”

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3. Types of Violations of Personal Rights

3.1. Violations through the Press

Freedom of the press aims to inform the public; however, publications that are inaccurate or disproportionate may violate personal rights.

Examples:

• The newspaper published a baseless news story titled "Person X committed corruption,"

• Humiliating accusations against a person on television,

• The disclosure of private life in the tabloid press.

⚖️ Supreme Court of Appeals, 4th Civil Chamber, Case No. 2015/3245 E., Decision No. 2017/6214 K.:
“It was accepted that the plaintiff's personal rights were violated due to the news published in the press, which was proven to be contrary to the truth, and moral damages were awarded.”

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3.2. Violations via Social Media

Social media is the most common arena for violations of personal rights.

Examples:

• An offensive post on Twitter,

• Unauthorized photo sharing on Instagram,

• Defamatory messages in the WhatsApp group,

• Unauthorized video streaming on YouTube.

⚖️ Supreme Court of Appeals, 4th Civil Chamber, Case No. 2019/5432, Decision No. 2021/1234:
“A defamatory post made on Twitter violated personal rights, therefore moral damages were awarded.”

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3.3. Violation of the Right to Privacy

Sharing personal information about someone without their consent.

Examples:

• Recording images with a hidden camera at home,

• Recording and disclosing telephone conversations,

• Sharing personal data (address, telephone, health information) on social media.

⚖️ Supreme Court of Appeals, 4th Civil Chamber, Case No. 2017/8765, Decision No. 2019/4567:
“Publishing photographs taken in a person's home without their consent violates the right to privacy.”

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4. Types of Compensation

4.1. Monetary Compensation

• Loss of business or customers due to loss of reputation,

• Suffering economic loss,

• Copyright infringement.

4.2. Non-pecuniary damages

• Violation of honor, dignity, and reputation

• Damage to public reputation,

• Psychological distress and sadness.

⚖️ Supreme Court Grand Chamber, Case No. 2018/567, Decision No. 2020/234:
“Moral compensation is intended to partially alleviate the suffering and distress experienced by the victim and is not a means of unjust enrichment.”

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5. Lawsuits and Statute of Limitations

• Violation via the press: 2 years (5 years in any case).

• Social media/tort: ​​2 years (without learning), 10 years (in any case).

• Data breach: KVKK application + Turkish Code of Obligations provisions.

⚖️ Supreme Court of Appeals, 4th Civil Chamber, Case No. 2013/4321, Decision No. 2015/7654:
“In claims for moral damages, the statute of limitations begins to run from the date the violation is learned.”

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6. Comparative Table

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7. Problems Encountered in Practice

• Establishing a balance between freedom of the press and the right to privacy

• Technical challenges in identifying social media users,

• Keeping the amounts of compensation for moral damages low,

• Deficiencies in evidence gathering (failure to obtain a notarized screenshot).

⚖️ Supreme Court 4th Civil Chamber, Case No. 2020/1324 E., Decision No. 2021/2845 K.:
“If social media screenshots are submitted without notarization, their evidentiary value becomes questionable.”

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8. Example Scenarios

Scenario 1 – Violation through the Press

A newspaper published an article about a businessman with the headline "He committed fraud." The article was false. The businessman suffered both business losses and damage to his reputation.
➡️ He can file a lawsuit for moral damages plus material damages for the loss of his business.

Scenario 2 – Social Media Insult

Someone is making seriously insulting remarks to a former coworker on Facebook.
➡️ This could lead to a lawsuit for moral damages plus criminal penalties.

Scenario 3 – Violation of Privacy

A secretly taken photo of someone in their home is posted on Instagram.
➡️ Violation of privacy → compensation for moral damages + access restriction may be ordered.

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9. Frequently Asked Questions (FAQ)

1. I've been insulted on social media, what should I do?

Obtain a screenshot from a notary public, file a criminal complaint with the prosecutor's office, and file a lawsuit for moral damages.

2. The news report is true, but it concerns my private life. Can I still file a lawsuit?

Yes. Even if the news is true, if it violates your right to privacy .

3. How is the amount of moral damages determined?

The judge determines the decision based on equity, taking into account the severity of the incident, the economic situation of the parties, and its impact on society.

4. How can I have content removed from the internet?

An access restriction order can be obtained by applying to the Magistrates' Court under Law No. 5651 .

5. What is the statute of limitations?

For violations via the press, the sentence is 2 years (or 5 years in any case); for violations via social media and privacy, the sentence is 2 years (or 10 years in any case).

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10. Conclusion

Personal rights are among the most fundamental values ​​protected by the Constitution and international conventions. Freedom of the press and social media cannot be used in a way that infringes upon personal rights.

The established jurisprudence of the Supreme Court of Appeals is one that protects the victim and awards material and moral compensation according to the severity of the violation

To avoid losing your rights:

• Proper collection of evidence,

• Attention should be paid to the statute of limitations,

• to file a lawsuit with a lawyer who specializes in this field .