The Crime and Punishment of Insult

A significant portion of everyday arguments no longer occur solely face-to-face. WhatsApp messages, social media comments, emails, and online publications have also become common arenas for allegations of defamation. However, the mere fact that a statement is offensive or rude does not automatically constitute defamation. In criminal law, the content of the statement, the context in which it was made, the relationship between the parties, the circumstances of the event, and the purpose for which the statement was used are all considered together.

What is the crime of insult?

The crime of insult is regulated in Article 125 of the Turkish Penal Code No. 5237. According to the law, attributing a concrete act or fact to a person that could offend their honor, reputation, and dignity, or attacking their moral values ​​through verbal abuse, constitutes a crime. For example, accusing someone of a crime they did not commit, associating them with humiliating behavior in society, or using directly derogatory words can be considered within the scope of insult, depending on the specific circumstances of the case.

For a crime to occur, it is not necessary for the victim to have actually lost their reputation in society. It is sufficient that the words or actions used are objectively capable of damaging the person's honor, dignity, and reputation. However, not every offensive expression is punishable. In the practice of the Supreme Court, a distinction is made between rude language, impolite address, curses, harsh criticism, and insult. Therefore, the conclusion should be reached not only by looking at the words used, but also by considering the entire conversation and the circumstances of the event.

Indeed, the Supreme Court, in some of its decisions, has acknowledged that expressions such as "shame on you," "may God curse you," or "you're being disrespectful" may be considered rude, impolite, or even curses depending on the circumstances of the situation. Conversely, abusive language that directly targets a person's honor and reputation, as well as accusations that they have committed a crime, behaved immorally, or engaged in an act that would be looked down upon by society, may constitute the crime of insult.

Aggravating Circumstances of the Crime of Insult (Reasons that Increase the Penalty)

The penalty for the crime of insult is increased if it is committed against a particular person, in a particular place, or under certain circumstances:

• Offences Committed Against Public Officials (Turkish Penal Code Article 125/3-a): If the crime is committed against a public official due to their duty, the minimum sentence cannot be less than 1 year. (For example, insulting a police officer, judge, prosecutor, teacher, or civil servant falls within this scope).

• Due to Religious, Political, Philosophical or Social Beliefs: The penalty is increased if individuals are insulted because of their sacred values ​​or because they express their beliefs, thoughts and opinions.

• Public Offense (Turkish Penal Code Article 125/4): If the crime of insult is committed publicly (in places where everyone can see or hear, such as streets, squares, or on social media platforms), the penalty shall be increased by one-sixth.

The Line Between Insult and Criticism

The most debated issue in defamation cases is the balance between freedom of expression and the protection of a person's honor and reputation. It is generally permissible to criticize a person's behavior, professional activities, political stance, or public statements. The fact that the criticism is harsh, offensive, or even shocking does not, in itself, constitute a crime. However, if the statement loses its relevance to the subject matter and directly targets the person's character, includes a concrete accusation of facts, or turns into verbal abuse, then the crime of defamation may arise.

It is generally accepted that the boundaries of criticism are broader, particularly with regard to politicians, public figures, and officials exercising public authority. However, this does not mean that every statement against these individuals is permissible. The court considers the context in which the statement was made, its contribution to public debate, whether it is based on factual evidence, and the appropriateness of the language used. The Constitutional Court also emphasizes that a fair balance must be struck between freedom of expression and the right to protection of honor and reputation, according to the specific circumstances of the case.

How can the crime of insult be committed?

Insult can be committed through words spoken face-to-face, as well as through written, audio, or visual communication. If the expressions used during a phone call, text message, WhatsApp conversation, email, social media message, or video call are directly addressed to the victim, the provisions regarding insult in the presence of the victim may be applied.

In cases of defamation in the absence of the victim, a different condition applies. For the act to be punishable, the defamatory statement must have been made in the presence of at least three people. In other words, the words spoken in the victim's absence must have been heard by at least three people other than the perpetrator and the victim. It is not necessary for the three people to hear the statement simultaneously. However, concrete evidence must be presented to demonstrate that the defamatory statement reached these individuals.

It is also essential that the insult be directed at a specific person. Even if the victim's name is not explicitly stated, the condition of "targeting" can be met if it is clear from the expressions used who is being targeted. For example, referring to a person's profession, position, location, or a specific recent event can make it possible to identify the target. Conversely, vague, abstract words whose target is unclear may not indicate a specific victim.

The Crime of Insult on Social Media

Social media posts, comments, and private messages are among the most common areas where the crime of defamation comes to light. A post made on a public account and accessible to an indefinite number of people may constitute the element of publicity in the specific case. If the defamation is committed publicly, the penalty is increased by one-sixth. Conversely, a private message sent only to the victim may not constitute publicity; however, if the content of the message is defamatory, the basic form of the crime may be constituted.

Using a fake or pseudonymous account alone does not absolve one of criminal responsibility. During the investigation, account activity, connection records, device examinations, previous correspondence between the parties, and other digital data may be evaluated together. However, it is not always possible to reach a conviction directly based solely on the username of the account. It must be determined beyond a reasonable doubt who used the account and that the post was made by the suspect.

It is important for the person who has been insulted not to simply take a screenshot. The link to the post, username, profile information, and date and time should be preserved as much as possible. Not only the part of the message deemed insulting, but also everything before and after it should be saved. Because the entire conversation can be effective in determining whether the statement is an insult, criticism, or a reaction to unfair behavior.

What is the penalty for the crime of insult?

According to Article 125 of the Turkish Penal Code, the basic penalty for the crime of insult is imprisonment for three months to two years or a judicial fine. The same penalty applies if the act is committed through an audio, written, or visual communication directed at the victim.

If the insult is directed at a public official because of their duties; if it is committed because the person expresses, changes, or attempts to spread their religious, political, social, or philosophical beliefs and opinions; or if it is committed by referring to values ​​considered sacred according to the religion to which the person belongs, the minimum sentence cannot be less than one year. If the insult is committed publicly, the sentence is further increased by one-sixth.

Not every negative comment directed at a public official constitutes aggravated defamation. For aggravated defamation to be applicable, the defamation must have been committed in relation to the public official's duties. If a purely personal dispute between the parties has no connection to the public official's duties, the incident may be considered under the basic defamation provisions.

When determining the final sentence, the court considers the manner in which the crime was committed, the severity of the language used, the intensity of the intent, the conduct of the parties, and the circumstances in which the incident occurred. Whether or not institutions such as converting the prison sentence to a fine, suspending the sentence, or postponing the announcement of the verdict are applied is evaluated according to the specific circumstances of each case. Therefore, it is not correct to make a definitive statement regarding the punishment for the crime of defamation solely by looking at the lower and upper limits specified in the law.

What is the complaint period?

Offenses of defamation, excluding defamation of a public official in the performance of their duties, are generally subject to complaint. The right to complain must be exercised within six months from the date the victim learns of both the act and the perpetrator.

With the regulation that came into effect on November 14, 2024, an additional two-year statute of limitations was introduced for defamation offenses that are subject to complaint. Accordingly, even if the victim learns the identity of the perpetrator later, the complaint period cannot exceed two years from the date the defamation occurred. Therefore, especially in cases involving posts made from fake social media accounts, the two-year period should not be overlooked while waiting for the perpetrator to be identified.

Complaints may be filed with the Public Prosecutor's Office, law enforcement agencies, or other authorities specified by law. The application should clearly present the date of the incident, the statements used, known information about the suspect, witnesses, and digital evidence.

Prepayment and Conciliation in Defamation Cases

Significant changes have been made in recent years to the prosecution procedures for the crime of defamation. Most recently, with Law No. 7571 published in the Official Gazette on December 25, 2025, the crime of defamation was removed from the scope of conciliation. Defamation offenses other than those committed against a public official in the performance of their duties are now subject to prepayment procedures.

Prepayment is a mechanism that prevents the initiation of a public prosecution, or in certain cases, dismisses a case if it has already been opened, provided that the amount stipulated by law and the investigation expenses are paid to the State Treasury within the specified period. Agreement between the victim and the suspect is not required in the prepayment process. The payment is made to the State Treasury, not to the victim.

As a result of prepayment, the criminal investigation may end without a conviction being handed down against the suspect. However, the application of prepayment does not automatically prevent the victim from claiming moral damages under private law provisions. The crime of insulting a public official in the performance of their duties is currently excluded from the scope of prepayment.

Reaction to Wrongful Act and Mutual Insult

The fact that insulting words were uttered during a sudden argument does not automatically render the act lawful. However, Article 129 of the Turkish Penal Code contains specific provisions regarding insults committed in response to an unlawful act, in the nature of a reaction to intentional injury, or when the parties insult each other mutually.

If an insult is committed in response to an unjust act, a reduction in punishment or even no punishment at all may be possible depending on the circumstances of the incident. If the insult is committed in response to an act of intentional bodily harm, the perpetrator may not be punished. Similarly, in cases where the parties insult each other mutually, a reduction in punishment or no punishment at all may be considered for one or both parties, depending on the nature of the incident.

Therefore, focusing solely on the last word spoken often leads to an incomplete assessment. It is essential to investigate how the argument began, who made the first wrong move, what words were exchanged between the parties, and whether the incident continued uninterrupted.

What should a person who has been insulted do?

A person who believes they have been insulted should first ensure the safe preservation of evidence. Saving all messages, including those before and after the conversation, and noting the link to any social media post, username, date, and time is crucial. In cases with witnesses, noting their identities and contact information can also aid in a thorough investigation.

Responding to an insulting post in kind can lead to a mutual insult dispute and may even put the victim in a position of being the suspect. Therefore, instead of responding to the post, it would be healthier to preserve the evidence and file a legal complaint within the prescribed time limit.

The suspect's defense should not be based solely on a single sentence. The context of the statement, the purpose of the criticism, previous conversations between the parties, whether there was a reaction to the wrongful act, who owns the social media account, and whether the evidence was obtained legally should be examined in detail.

Is it possible to claim compensation for moral damages due to insult?

An act constituting defamation can lead not only to criminal liability but also to liability for damages under private law. A person whose personal rights have been unlawfully violated may claim compensation for non-pecuniary damages, depending on the circumstances of the incident.

Criminal investigations and civil lawsuits for moral damages are distinct legal processes. The application of pre-trial detention or the waiver of punishment for a specific reason in a criminal case does not, in all cases, negate the possibility of fulfilling private law claims. In assessing compensation, factors such as the severity of the act, the number of people affected by the content shared, the social standing of the parties, whether the attack continued, and the resulting moral damage may be considered.

Conclusion

The crime of insult is not as simple as a few words used in an everyday argument. The same expression, which may be considered rudeness or harsh criticism in one instance, may be deemed a punishable attack on a person's honor and dignity in another. The key element determining this distinction is not the word's dictionary meaning alone, but the overall context and the intention behind its use.

Individuals facing allegations of defamation, or who believe they have been defamed, must act promptly, especially before the complaint deadline expires and before any digital evidence is lost. In addition to criminal investigations, other legal avenues such as seeking compensation for moral damages, having the content removed from the internet, and protecting personal rights should be considered based on the specific circumstances of the case.

Elif Sukutli