Digital Reputation Management and Legal Protection Methods

Entrance

Digital reputation is the online visibility and perception of a person, company, brand, or institution. Today, a person's or business's reputation isn't solely formed in the physical environment. Google search results, social media posts, news websites, complaint platforms, forums, YouTube videos, TikTok content, Instagram comments, X posts, LinkedIn posts, and even messages circulating in WhatsApp/Telegram groups directly impact digital reputation.

Unfair news about a person online, outdated content relating to a past criminal investigation, fake social media accounts, revealing private information, insulting comments, unfounded fraud allegations, or the unauthorized publication of personal data can all affect a person's social life, professional credibility, family relationships, and psychological well-being. Similarly, false comments about a company, fake customer complaints, smear campaigns conducted by competitors, or accounts impersonating the brand can severely damage its commercial reputation.

Therefore, digital reputation managementis not merely a public relations or social media management activity. It is also a field closely linked to information technology law, personal rights, data protection law, criminal law, trademark law, unfair competition, consumer law, and compensation law. The correct strategy in digital reputation breaches is developed by considering together the determination of the legal nature of the content, the preservation of evidence, platform applications, search engine applications, criminal complaints, content removal/access blocking, the right to be forgotten, and compensation claims.

What is Digital Reputation?

Digital reputation is the impression a person, whether natural or legal, creates or that is created about them online. This impression is sometimes formed through the person's own posts; sometimes it is shaped by comments, news, social media content, complaints, court news, forum posts, video content, or visual shares made by third parties.

For example, when a lawyer, doctor, architect, company executive, influencer, tradesperson, or brand's name is entered into a search engine, the results that appear constitute that person's or institution's digital reputation. Similarly, comments, star ratings, user experiences, complaint sites, and news archives on social media also influence digital perception.

The legal significance of digital reputation stems from its direct link to personal rights and commercial reputation. Under Articles 24 and 25 of the Turkish Civil Code, in cases of unlawful attacks on personal rights, protective measures such as prevention and cessation of the attack, determination of the unlawfulness, correction, publication of the decision, and compensation for material and moral damages come into play. Attacks carried out in the digital environment can also constitute attacks on personal rights.

In what situations does a digital reputation breach occur?

Digital reputation violations can occur in many different ways. Examples include insults on social media, the creation of fake accounts, the sharing of private photos or videos, the dissemination of personal data, unfounded fraud allegations, brand impersonation, fake customer complaints, outdated news articles ranking highly in search engines, defamatory blog posts, comments damaging commercial reputation, and organized smear campaigns.

Social media platforms, in particular, are the areas where digital reputation breaches spread most rapidly. An Instagram story, X post, TikTok video, or YouTube comment can reach thousands of people in a short time. Even if the post is deleted, screenshots can be taken, reposted on other accounts, or indexed in search engines.

Not every negative post in a digital reputation breach is illegal. Sharing a genuine consumer experience in a measured way, criticizing an event of public interest, or publishing content within the scope of the right to report news may be legally protected. However, freedom of expression does not grant the right to defame, disclose private life, disseminate personal data, make false accusations, blackmail, threaten, or engage in unfair competition. Therefore, the fundamental issue in digital reputation cases is establishing a balance between freedom of expression and the right to privacy.

Damage to Digital Reputation on Social Media

Digital reputation on social media is most often damaged by insults, defamation, targeting, fake accounts, and violations of privacy. Creating a fake account using someone's photo, using terms like "fraudster," "immoral," or "thief," sharing private correspondence, targeting someone's phone number, or making posts that damage their professional reputation can all lead to legal liability.

According to Article 125 of the Turkish Penal Code, insult is defined as making concrete accusations or using abusive language that could damage a person's honor, reputation, and dignity. Article 134 of the Turkish Penal Code regulates the crime of violating the privacy of private life, while Articles 135 and 136 regulate the crimes of recording, giving, disseminating, or obtaining personal data. In cases of reputational attacks carried out through social media, these provisions may apply together depending on the specific circumstances of the case.

For example, publishing a person's private photograph on social media may constitute a violation of the right to privacy under Article 134 of the Turkish Penal Code; the same photograph may constitute unlawful dissemination of personal data under Article 136 due to its nature as personal data; if the shared image contains derogatory statements, it may constitute defamation under Article 125; and if money was demanded before the image was shared, it may constitute blackmail.

Fake Accounts and Identity Impersonation

One of the most common types of digital reputation breaches is fake accounts. Social media accounts created using someone else's name, photo, profession, company logo, or personal information can have serious legal consequences. The criminal and compensation aspects of the case increase if the fake account not only impersonates the person but also solicits money from third parties, shares private photos, sends messages in the victim's name, makes insulting remarks, or damages brand reputation.

The first thing a victim of fake accounts should do is document the account's URL, username, profile picture, bio, posts, follower/following list, and messages. If the account is reported and closed immediately, evidence may be lost. Therefore, before filing a complaint with the platform, it may be beneficial to obtain screenshots, screen recordings, and, if possible, notarized or expert-certified documentation.

If the perpetrator is unknown, the complaint filed with the Public Prosecutor's Office should request IP log records, account creation information, associated email/phone information, session and device logs from the platform. While IP identification alone does not always provide definitive perpetrator identification, it can constitute strong evidence when combined with information such as money transactions, message language, previous conflicts, phone number, and device analysis.

The Dissemination of Personal Data and its Aspect under the GDPR

Unauthorized dissemination of personal data is common in digital reputation breaches. Information such as phone numbers, addresses, identity information, passport images, photographs, health information, workplace information, bank information, vehicle license plates, location information, private correspondence, and IP addresses can be considered personal data. The purpose of Law No. 6698 on the Protection of Personal Data (KVKK) is to protect the fundamental rights and freedoms of individuals, primarily the right to privacy, in the processing of personal data; the law applies to natural persons whose personal data is processed and to natural and legal persons who process this data.

For example, sharing someone's phone number on social media with the caption "call and harass," disclosing their address, disseminating their health information, or publishing their identity document online damages both their digital reputation and personal data security. In such cases, criminal complaints under Article 136 of the Turkish Penal Code, applications to the data controller or complaints to the Board under the Personal Data Protection Law, and claims for moral damages can be considered.

If the breach originates from a company, hospital, school, employer, platform, or service provider, data liability should be examined separately. For example, a clinic sharing patient photos without permission, a company disclosing employee information, or a platform failing to adequately protect personal data would bring into question obligations under the Turkish Personal Data Protection Law (KVKK).

Search Engines and the Right to Be Forgotten

One of the most important aspects of digital reputation management is search engine results. Content may have been published years ago, become outdated, an investigation may have resulted in acquittal or dismissal, news may be incomplete or misleading, or searches using a person's name may cause disproportionate damage to their reputation. In such cases, the "right to be forgotten" and requests to remove search results from engines come into play.

The Personal Data Protection Board's decision dated June 23, 2020, numbered 2020/481, established an important framework regarding the right to be forgotten, specifically in the context of search engines. The Board considered the right of an individual to not appear in search results related to their name and surname as a "request for removal from the index," and accepted that search engines could act as data controllers in this regard.

The right to be forgotten does not necessarily mean the complete deletion of content from its source. In some cases, the content may remain on the website; however, the request is that it should not appear in search results using the person's name and surname. This is particularly important for old news, outdated legal proceedings, private information, defamatory content that is no longer in the public interest, and content that disproportionately impacts a person's social or professional life.

Content Removal and Access Blocking

In cases of digital reputation breaches, if the content is still online, the first goal is often to have it removed. Content removal means deleting the content from its source. Blocking access, on the other hand, means making the content inaccessible from Türkiye. Content removal is generally a more effective solution because access blocking often only restricts access from Türkiye.

Article 9/A of Law No. 5651 establishes a special expedited procedure for blocking access due to the violation of privacy. Accordingly, individuals claiming a violation of their privacy can directly apply to the Authority to request a measure to block access to the content; the application must include the full URL of the publication causing the violation, the aspects in which the violation occurred, and information proving their identity.

However, the current situation regarding the old Article 9 of Law No. 5651, based on personal rights, should be carefully evaluated. The Constitutional Court stated that Article 9 of Law No. 5651 regulated the procedures and principles for blocking access to and removing content from internet publications that violate personal rights; and with its decision dated October 11, 2023, numbered E.2020/76, K.2023/172, it annulled this article. Therefore, in digital reputation cases, instead of the old fast access blocking route based on personal rights, the following options should be considered together: platform application, Article 9/A if private life is involved, criminal complaint, civil lawsuit, interim injunction, KVKK application, and the right to be forgotten.

Platform Applications

In cases of digital reputation violations, Instagram, X, TikTok, Facebook, YouTube, LinkedIn, Google, and other platforms have their own complaint mechanisms. Fake accounts, harassment, sharing personal information, disclosure of private images, brand impersonation, fraud, copyright infringement, or defamatory content may violate platform rules.

Applying to a platform can be practical and quick; however, evidence should be gathered before applying. Because if the platform removes the content, it may be difficult to find evidence later for a criminal complaint or compensation lawsuit. Therefore, screenshots, screen recordings, URLs, usernames, date and time information, profile links, messages, comments, and the reach of the shared content should be saved.

Platform complaints must clearly describe the violation. Instead of simply saying, "This content is offensive to me," concrete statements should be made, such as, "My phone number was published without my permission in this content," "This account is impersonating me using my profile picture," "Images related to my private life were shared in this video," or "I was falsely accused in this comment.".

Criminal Complaint

If the digital reputation violation constitutes a crime, a criminal complaint can be filed with the Public Prosecutor's Office. Acts such as insult, threat, blackmail, violation of privacy, unlawful dissemination of personal data, fraud, defamation, unauthorized access to a computer system, or trademark imitation may be subject to criminal investigation.

The criminal complaint should describe the events chronologically; it should include URLs of the content, screenshots, usernames, messages, sharing dates, and identification information of the perpetrator if known, or digital evidence if the perpetrator is unknown. If a fake account is involved, IP log records should be requested from the platform; if fraud is involved, bank accounts, IBANs, and money transfers should be investigated; and if private images are shared, immediate content removal and access restrictions should be requested.

While a criminal complaint may not always fully restore digital reputation, it provides a crucial foundation for identifying the perpetrator, documenting the unlawful act, pursuing conviction or settlement/prepayment processes, and filing a compensation claim.

Claim for Non-Pecuniary Damages

If damage to digital reputation constitutes a violation of personal rights, a lawsuit for moral damages can be filed. According to Article 58 of the Turkish Code of Obligations, a person whose personal rights have been violated may request a sum of money as moral damages for the emotional harm suffered; the judge may also decide on other forms of redress instead of or in addition to compensation.

When determining the amount of moral damages, factors considered include the content of the post, the severity of the language used, its reach, the fault of the perpetrator, the victim's professional/social status, how long the post remained online, whether an apology or correction was made, whether the content was reposted, and the emotional distress suffered by the victim.

For example, making unfounded accusations of "fraud" against a doctor, sharing posts calling a lawyer a "swindler," filing fake customer complaints against a company, publishing a private photograph of someone, or sharing a derogatory video about an employee can all be grounds for claiming moral damages. If economic damage has occurred, material damages can also be claimed.

Business Reputation and Digital Protection for Companies

Digital reputation is vital not only for individuals but also for companies and brands. Google reviews, complaint platforms, Instagram campaigns, X trends, TikTok videos, and YouTube reviews directly impact customer trust in businesses. Genuine consumer criticism is legally protected; however, content that is false, organized, constitutes unfair competition, or targets commercial reputation may give rise to legal liability.

If a business is subjected to false reviews, a smear campaign by a competitor, the creation of fake accounts using the brand logo, unfounded claims of customer deception, or the personal reputation of company executives is targeted, various legal avenues may be considered, including content removal, platform application, trademark/copyright application, unfair competition lawsuit, and complaints for material and moral damages and penalties.

For companies, digital reputation management is not just a task for times of crisis, but a continuous effort. Brand names, executive names, product names, fake accounts, complaint websites, search engine results, and social media hashtags should be regularly monitored. However, this monitoring must be done within the limits of personal data protection and legally compliant evidence gathering.

How should evidence be collected?

The most important stage in digital reputation management is gathering evidence. Content can be deleted, accounts can be closed, stories can disappear, usernames can be changed, or posts can be transferred to other accounts. Therefore, the victim must protect the evidence quickly and legally before initiating legal proceedings.

When taking screenshots, not only the text of the content should be visible, but also the username, profile link, URL, date and time information, comments, likes, whether the post is public, and platform information. Screen recordings should be made for video content; the entire conversation and context should be saved for private messages. In high-risk cases, notarization, expert reports, or court-ordered evidence gathering may be beneficial.

Illegal methods should not be used when gathering evidence. Unauthorized access to the perpetrator's account, cracking passwords, obtaining data from a private account, using spyware, or secretly examining someone else's phone can also pose a risk of crime for the victim. Legally admissible evidence should be based on content that the victim sees in their own account, that is sent to them, or that they have access to publicly.

Strategy in Digital Reputation Management

In digital reputation management cases, a single approach is not always sufficient. First, the nature of the content must be determined. Does the content violate privacy? Does it disseminate personal data? Does it contain defamation? Does it make false business claims? Is it a fake account? Does it cause problems with search engine results? Is it old and outdated news? These questions determine the appropriate course of action.

If there is a violation of privacy, a swift application under Article 9/A of Law No. 5651 and a request for platform removal are prioritized. If there is a personal data breach, Article 136 of the Turkish Penal Code, an application under the Personal Data Protection Law, and a complaint against the platform are considered together. If there is defamation or slander, a criminal complaint and claims for moral damages come into play. If there is an issue with outdated search results, the right to be forgotten and a request for removal from the search engine index are evaluated. If the company's reputation has been targeted, unfair competition, trademark rights, compensation, and content removal methods are considered together.

Speed ​​is important in this process; however, avoiding the loss of evidence through haste is even more crucial. The most correct sequence in most cases is as follows: gather evidence, determine the legal nature of the content, file a platform application, apply to the prosecutor's office if necessary, initiate the Article 9/A process if there is a violation of privacy, apply for the right to be forgotten regarding search engine results, and evaluate a compensation claim if damages have occurred.

Conclusion

Digital reputation management is a multifaceted field that is becoming increasingly important in modern legal practice. News published online, social media posts, fake accounts, negative comments, private images, disclosure of personal data, or search engine results can seriously damage an individual's or company's reputation. Therefore, digital reputation breaches should be considered not merely social media crises, but legal violations.

Turkish law offers multiple avenues for protecting digital reputation. These include compensation and protection lawsuits under Articles 24-25 of the Turkish Civil Code and Article 58 of the Turkish Code of Obligations for violations of personal rights; criminal complaints under the provisions of the Turkish Penal Code for content constituting a crime; rapid access blocking under Article 9/A of Law No. 5651 for violations of privacy; the Personal Data Protection Law and Article 136 of the Turkish Penal Code for breaches of personal data; and the right to be forgotten and applications for removal from the index of search engine results.

However, in every digital reputation case, a careful balance must be struck between freedom of expression and personal rights. Criticism that is truthful, proportionate, and serves the public interest is legally protected. Conversely, insult, defamation, disclosure of private life, dissemination of personal data, identity theft using fake accounts, blackmail, threats, and false commercial attacks are not legally protected.

In conclusion, the most important element in digital reputation management is a sound and swift legal strategy. Evidence must be preserved before it is lost, URLs and screen recordings must be obtained, the type of content must be correctly identified, platform and search engine applications must be made properly, and complaints to the prosecutor's office and compensation lawsuits must be filed when necessary. In the digital world, once a reputation is damaged, its effects can last for a long time; therefore, it is of great importance for both individuals and companies to actively protect their digital reputation with legal tools.