Cyberbullying and defamation crimes

Gathering Evidence and Proving Crimes in Cyberbullying and Defamation

1. Introduction: The Digital Face of Cyberbullying and Defamation

As the internet and social media platforms have become an integral part of daily life, attacks on people's honor, reputation, and dignity have largely shifted to the digital realm. This systematic humiliation, degradation, targeting, or discrediting of an individual, often referred to as "cyberbullying," frequently crimes, including defamation, threats, blackmail, and violation of privacy.

Although the Turkish Penal Code (TCK) does not specifically define "cyberbullying" as a distinct crime, these acts are mostly evaluated TCK Article 125 (insult), TCK Article 106 (threat), TCK Article 107 (blackmail, TCK Articles 132-134 (privacy of communication and private life) . Insult, particularly that committed via social media, is a highly developed and stable area, evidenced by Supreme Court precedents.

2. Conceptual Framework: Cyberbullying and Defamation Crimes

2.1. What is Cyberbullying?

Cyberbullying refers to actions such as systematically sending harmful content to a person via electronic communication tools (WhatsApp, Instagram, X/Twitter, Facebook, Telegram, etc.), making derogatory posts about the person, publicly targeting the person, or discrediting them.

These actions are applied according to the specifics of the case;

Insult (Turkish Penal Code Article 125)
Threat (Turkish Penal Code Article 106)
Blackmail (Turkish Penal Code Article 107)
Violation of the right to privacy (Turkish Penal Code Article 134)
Unlawful dissemination of personal data (Turkish Penal Code Article 136)

This can lead to criminal liability under various types of crimes.

2.2. The Crime of Insult and its Commission in the Internet Environment

Article 125 of the Turkish Penal Code , defamation is committed by attributing a concrete act or fact that constitutes an attack on a person's honor, reputation, and dignity, or by using abusive language. Defamation in the digital environment;

Social media sharing (tweet, post, story),
The statements written in the comments,
Private messages (DM, WhatsApp, Messenger),
Forum posts, blog comments

This can occur through this method. If such statements become public (for example, the account is open, or they are shared in an environment where many people can see them), the penalty is increased by 1/6 according to Article 125/4 of the Turkish Penal Code.

Insulting someone via private message is not considered public insult; however, it still constitutes the crime of insult.

3. Principles of Proof in Criminal Procedure and Digital Evidence

3.1. The Free Evidence System and Legally Obtained Evidence

According to Article 217 of the Code of Criminal Procedure (CMK), a judge can base their judgment only on the evidence presented and discussed in court ; the evidence is freely assessed. However, this freedom is not unlimited. According to CMK Articles 206/2-a and 217/2, evidence obtained illegally cannot be used as the basis for a judgment.

In cases of cyberbullying and defamation, all types of digital data (screenshots, message logs, emails, social media links, IP logs, expert reports, witness statements, etc.) can be used as evidence; the important thing is:

Obtaining evidence in a lawful manner,
Proving its authenticity,
It must be suitable for revealing the material elements of the crime.

3.2. The Principle that the Accused Benefits from the Doubt

In criminal proceedings, the standard of proof is obtaining "conclusive and convincing evidence, free from all reasonable doubt." In cases of cyberbullying and defamation, relying solely on a screenshot may sometimes be insufficient due to disputed identity of the perpetrator or allegations that the account was used by someone else. In such cases , an acquittal may be granted according to the principle of "the benefit of the doubt goes to the accused" (in dubio pro reo)

Therefore, that the evidence presented to the victim is as comprehensive and supportive as possible .

4. Types of Digital Evidence: What Can Be Collected?

4.1. Screenshots

Screenshots are one of the most frequently used pieces of evidence in cyberbullying and defamation cases . Social media posts and messages are often initially captured and preserved by the victim.

Screenshots in the app;

Insulting words,
Username, profile picture,
Date and time,
Platform name (Twitter/X, Instagram, Facebook, etc.)

If it shows a certain image, it constitutes important initial evidence. However, the Supreme Court and legal doctrine emphasize that because digital data can be easily altered, a screenshot alone does not always have sufficient probative value and should be supported by other evidence whenever possible .

Practical Tip:
When taking a screenshot:

As the date and time appear,
If possible, display in full screen (taskbar, URL, etc. visible)
Recording the process in multiple stages (profile page, message screen, comment thread) will support the authenticity of the evidence in future expert examinations

4.2. Messaging Records: WhatsApp, DM, SMS, Email

Cyberbullying is often private messages , with the victim constantly receiving insulting or demeaning statements. The basic criteria for determining the evidentiary value of online correspondence and message printouts are as follows:

The person presenting the evidence must be a party to that correspondence.
The messaging log must be obtained by the person involved.
Whether the content has been altered should be determined, if necessary, through expert examination
When obtaining message records, unlawful acts such as unauthorized access to another person's account should not be committed

If a person a screenshot of a conversation they were a party to , this evidence is generally considered legally admissible. Conversely, screenshots secretly taken of a conversation one was not a party to Articles 132-133-134 of the Turkish Penal Code , and may also illegally obtained evidence cannot be used as the basis for a verdict.

4.3. Social Media Links, URLs and Profile Information

The evidence includes not only a screenshot, but also;

to the post or message ,
The account's username, profile ID,
The date and time information of the post on the platform.

Providing this information along with other relevant documents makes it easier for prosecutors and courts to request information from the platform.

The true owner of the account can be identified through IP address queries and BTK (Information and Communication Technologies Authority) records; thus, any doubts about the perpetrator's identity are minimized.

4.4. Witness Statements

Cyberbullying often occurs in group chats (school groups, workplace groups, gaming communities, WhatsApp/Telegram groups). Individuals in these groups;

They have witnessed posts containing insults,
Who sent the messages,
How the victim was affected by these actions

Statements regarding this matter highly valuable evidence.

4.5. Notary/Electronic Verification, Law Enforcement Verification Reports

The immutability of digital content has made it crucial in practice to formally document evidence through notarization , e-verification services , or "message verification reports" prepared by law enforcement agencies

Before the content is deleted,
Before the account is closed or blocked,

Having the verification done in the presence of a notary or through a specialized platform significantly weakens any future objections to the authenticity of the evidence.

5. Obtaining Evidence Lawfully

5.1. Limits on the Right to Privacy of Communication and Private Life

When collecting digital evidence, 132, 133, and 134 of the Turkish Penal Code should not be disregarded.

Turkish Penal Code Article 132: Violation of the confidentiality of communication.
Turkish Penal Code Article 133: Listening to and recording conversations between individuals.
Turkish Penal Code Article 134: Violation of the right to privacy.

someone they weren't a party to (for example, by secretly hacking into someone else's WhatsApp account) and obtains evidence from it, this could constitute a separate crime and also prevent the obtained recordings from being used in a criminal case.

Similarly, manipulating a screenshot of a message to create fake content can render the evidence unlawful and lead to various types of crimes (such as defamation and cybercrimes).

5.2. Illegally Obtained Evidence Should Not Be Used as the Basis for a Judgment

Articles 206/2-a and 217/2 of the Code of Criminal Procedure , evidence obtained illegally cannot be used as the basis for a judgment. The Supreme Court also emphasizes that social media correspondence and screenshots can only if they were obtained lawfully .

Therefore, a person who is subjected to cyberbullying:

while gathering evidence .
It must not violate the privacy of private life and communication,
If possible, they should act under the guidance of a lawyer.

6. The Evidence Gathering Process During the Investigation and Prosecution Phases

6.1. Complaint Period and Application

The crime of defamation is, as a rule, a crime that requires a complaint . The victim must apply to the public prosecutor's office or law enforcement units within 6 months from the date they learned of the act of defamation and the identity of the perpetrator .

cyberbullying is often recurring behavior, the date of the most recent abusive act is also important in terms of the complaint period.

In the complaint letter:

The date the crime was committed,
Insulting remarks,
Which platform it was done through,
If known, the perpetrator's username, real name,
Attached evidence (screenshot, link, inspection report, etc.)

It should be clearly stated.

6.2. The Role of the Public Prosecutor's Office and Law Enforcement Authorities

Following a complaint, the prosecutor's office conducts the investigation phase . During this phase:

Statements are taken from the complainant and the suspect
Witnesses are heard,
Digital evidence is collected by law enforcement agencies
If necessary, an expert examination will be requested.
Social media platforms, the Information and Communication Technologies Authority (BTK), and the relevant internet service providers official letters requesting IP addresses, log records, and account creation information.

Thanks to these records:

From which IP address the offensive post was actually made,
The date and time it was shared,
Identifying which user it belongs to

This becomes possible. However, if the real perpetrator cannot be identified through IP address tracing or if sufficient evidence cannot be obtained, of no grounds for prosecution (KYOK) may be issued.

6.3. Procedures within the Scope of the Magistrates' Court and Law No. 5651

Cyberbullying often goes beyond just criminal investigation; the victim's reputation can be rapidly damaged on social media. Therefore, under Law No. 5651 :

Content removal,
Blocking access,
URL-based measures

It is possible to request the removal of content that clearly violates personal rights from publication by submitting a request to the Magistrate Court judge.

In addition to criminal proceedings, the victim may also file a claim for moral damages under Article 24 of the Turkish Civil Code and Article 58 of the Turkish Code of Obligations, due to the violation of their personal rights

7. The Relationship Between Cyberbullying and Insult: Example Scenarios

7.1. Insulting in School and Workplace Groups

Typical examples of cyberbullying include consistently using derogatory language, mocking, or giving nicknames to a person in student WhatsApp groups, Telegram channels created for workplace projects, or internal company email groups.

As evidence in such cases:

Screenshots of group chats,
The testimony of other people in the group,
Group descriptions and group name (especially if derogatory),
Documents regarding psychological support sought by the victim due to the incident (in terms of moral damage)

can be submitted to the file.

7.2. Highlighting, Retweeting, Likes, and Shares

Sharing, liking, or retweeting defamatory content created by someone else can also lead to criminal liability under certain circumstances. In such cases, the individual's action constitutes "adopting and re-disseminating" the content, and Supreme Court rulings indicate that such actions can also result in liability.

Therefore, investigations can be conducted not only against those who wrote the content, but also against those who disseminated it.

8. Practical Recommendations for Victims and Suspects/Defendants

8.1. Recommendations for the Victim (Complainant)

When you are subjected to cyberbullying or abusive language:

Record the evidence immediately:
- Screenshots (showing the date and time),
- URL links, profile images,
- Messaging logs.
Don't delete the evidence, don't provoke the other side:
Instead of deleting the content, preserve it as evidence; avoid unnecessary arguments.
If possible, have it officially documented:
Having the evidence officially recorded through a notary, electronic document, or police report will increase its probative value.
Don't miss the deadline to file a complaint: In cases of defamation, you must exercise your right to complain within 6 months of learning about the act and the perpetrator .
Seek professional legal support:
It is important to manage the criminal case, content removal under Law No. 5651, and, if necessary, compensation claims as a whole.

8.2. Recommendations for the Suspect/Defendant

For individuals facing cyberbullying or defamation charges:

Account security:
If there's a possibility your account could be used by someone else (hacking, password sharing), keep concrete evidence of this (email notifications, IP logs, platform alerts).
Emphasize the distinction between freedom of expression, criticism, and defamation:
In some cases, the language used harsh criticism . The Supreme Court also attaches importance to the distinction between freedom of expression and defamation.
Ensure the evidence remains intact:
Deleting messages or tampering with evidence could be interpreted against you and may lead to further charges.

9. Conclusion: Strong Proof with Digital Evidence, a Legally Compliant Roadmap

Cyberbullying and defamation crimes are creating more and more victims in the digitalized world; these acts, committed through social media and messaging applications, seriously damage the honor, reputation, and dignity of individuals. From the perspective of Turkish criminal law;

Including the crime of insult,
Crimes involving threats, blackmail, violation of privacy, and personal data,
Content removal and access blocking mechanisms within the framework of Law No. 5651

This forms the basic legal framework of this field.

The most critical aspects in terms of gathering evidence and providing proof are as follows:

Early and complete collection of digital evidence (screenshots, message logs, social media links, IP and log information) ,
Evidence must be obtained lawfully ; the privacy of private life and communication must not be violated
Screenshots should be supported by notary, electronic verification, law enforcement or expert witness testimony whenever possible
It is important not to miss the deadline for filing a complaint and to have the process followed by a professional criminal defense lawyer.

By acting in this way, the burden of proof in criminal investigations and trials for cyberbullying and defamation offenses can be met much more effectively, and the victim's personal rights can be protected more effectively through criminal and private law channels.

10. Frequently Asked Questions

1. Is simply taking a screenshot of an offensive social media post sufficient evidence?
A screenshot is important evidence; however, it may not always be enough on its own. If possible, supporting it with the link from the platform, profile information, official reports, and IP/log records increases its probative value.

2. Can I use WhatsApp or Instagram DM conversations as evidence in court?
You can use a screenshot or printout of a conversation you were a party to as evidence. However, secretly recording a conversation you were not a party to, or presenting conversations obtained by illegally accessing someone else's account, is against the law and may constitute a separate crime.

3. What is the time limit for filing a complaint for the crime of insult?
As a rule, the crime of insult is subject to complaint. 6 months . Otherwise, your right to complain is forfeited.

4. I have been subjected to cyberbullying; what can I do besides filing a criminal case? In addition to a criminal investigation and trial, you can request content removal and access blocking under Law No. 5651, and you can also file a lawsuit for moral damages based on Article 24 of the Turkish Penal Code and Article 58 of the Turkish Code of Obligations, due to the violation of your personal rights .

Lawyer, Information Technology Law, Criminal Law, Defamation, Law, Cyberbullying, Criminal Law

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