Fake Social Media Accounts and the Protection of Personal Rights

Social media is one of the most powerful digital spaces today, representing people's identities, thoughts, and reputations. Its open nature allows malicious individuals to create fake accounts in the names of others, thus creating an illusion of identity. Such actions can lead to various legal sanctions under the Turkish Civil Code (TMK) , the Turkish Penal Code (TCK) , the Law on Intellectual and Artistic Works (FSEK) , and the Law on the Protection of Personal Data (KVKK) .

2. The Concept of Counterfeit Accounts and Their Legal Nature

Impersonation accounts are social media profiles that use a person's name, surname, photo, title, or brand to impersonate that person, and are of a misleading or fraudulent nature.
These accounts are often created for the following purposes:

Fraud (requesting counterfeit money, advertising)
Defamation or slander
Unjust enrichment
Imitating a corporate brand

These actions constitute both a violation of personal rights under private lawand a cybercrime under criminal law .

3. Protection of Personal Rights (Turkish Civil Code Articles 24-25)

3.1. Basic Provision

Turkish Civil Code Article 24:

"A person whose personal rights have been violated unlawfully may request protection from the court against those who committed the violation."

An impersonating account violates a person's right to privacy by manipulating their name and identity.
In such cases, the victim can file the following lawsuits:

Stopping the attack (closing the account),
Blocking access,
Moral compensation,
Right of reply and correction.

3.2. Non-pecuniary damages

In its decision numbered 2019/3486, the 4th Civil Chamber of the Supreme Court of Appeals for moral damages .

"Creating a fake account on social media using a person's name and photograph constitutes an attack on their personal rights."

4. Criminal Law Aspect (Turkish Penal Code)

Creating fake accounts and making posts through these accounts can relate to many types of crimes.

4.1. Turkish Penal Code Article 136 – Unlawfully Giving or Obtaining Data

This article applies if a person's photograph, phone number, or personal information is used.
The penalty is imprisonment for 2 to 4 years.

4.2. Turkish Penal Code Article 125 – Insult

Making insulting and degrading statements through an impersonating account constitutes the crime of defamation.

4.3. Turkish Penal Code Article 267 – Defamation

If a fake account is created in someone's name and used to falsely accuse third parties of a crime, it constitutes defamation.

4.4. Turkish Penal Code Article 158 – Qualified Fraud

Collecting money through a fake account or generating income under a sponsor's name falls under the category of "fraud using information systems."
The penalty is imprisonment for 4 to 10 years and a fine.

5. GDPR and Photo Usage

If a person's photos, videos, or private messages are shared on fake accounts, this constitutes a data breach within the meaning of Article 12 of the KVKK (Personal Data Protection Law). " Explicit consent " is required for the lawful processing of personal data (Article 5 of the KVKK). Otherwise, administrative fines (50,000–1,000,000 TL) and the right to compensation (Article 14) may arise.

6. Intellectual Property Rights and Trademark Use

The use of trademarks, logos, or corporate identities on counterfeit accounts trademark infringement (Article 7 of the Trademark Law).
Furthermore, provisions regarding unfair competition (Article 54 of the Turkish Commercial Code) may also apply.

Example

When a fake Instagram account using a company's name and logo damages that brand's reputation, unfair competition and trademark infringement occur simultaneously.
In this case, the brand owner;

The violation must stop,
Closing the account,
Payment of compensation,
They can request that access be blocked.

7. Blocking Access and Removing Content

7.1. Implementation of Law No. 5651

The quickest solution to violations of personal rights on the internet to block access .
Article 9 of Law No. 5651 :

The URL address in question is clearly stated
An application is made to the magistrates' court
The judge will make a decision within 24 hours.

The decision is communicated to the social media platform, and if it is not implemented, the BTK ( intervenes.

7.2. In-Platform Application

Platforms like Facebook, Instagram, Twitter, TikTok, and LinkedIn offer "fake account complaint forms."
Applications are submitted by attaching identification documents, screenshots, and URLs to these forms.
In practice, this method yields results much faster than relying on a court order.

8. Evidence Gathering and Proof

In cases involving counterfeit accounts, gathering evidence is the most critical stage.

8.1. Points to Consider When Gathering Evidence

A screenshot alone is not enough.
The URL address of the content, the date, time, and username should also be recorded.
either through a notary or as a time-stamped PDF printout .
If necessary, a forensic computer expert's review should be requested.

The 12th Civil Chamber of the Supreme Court of Appeals, in its decision numbered 2020/3210 E., stated that "presenting social media evidence with a notarized record increases its probative value.".

9. Corporate Personalities and Brand Reputation

Impersonation accounts cause serious damage not only to individuals but also to companies.
A fake account opened in the name of a brand;

It can lead to fraud charges
It can undermine customer trust
This constitutes a violation of competition law.

Companies should take the following measures to mitigate this risk:

Reserve brand names across all platforms
To apply for a verified badge ,
Developing a social media policy ,
Establishing a fast internal communication chain for fake accounts .

10. International Dimension

Social media platforms often operate from abroad, making it difficult to enforce access restrictions.
However, the Council of Europe Convention on Cybercrime (Budapest Convention) and the EU Digital Services Act (DSA) increase opportunities for cooperation.

Turkey can make international data sharing requests through BTK and MASAK . Furthermore, notifications sent to US-based platforms are now considered valid electronically.

11. Assessment of Fairness and Moral Damage

According to the precedents set by the Supreme Court of Turkey, the following criteria are taken into account when determining the amount of compensation for violations of personal rights:

The extent of the violation's spread (number of followers, duration of posting),
The victim's recognition,
The purpose of the post (malice, mockery, threat, etc.),
The psychological impact suffered by the victim.

While symbolic compensation is awarded for small-scale fraud committed through fake accounts, high moral damages are applied in cases of violations against public figures .

12. Protective Measures and Implementation Recommendations

Request official identity verification (verified account)
Report fake accounts to the platform immediately .
have access blocked , apply to the Magistrates' Court.
a notary public's report .
a GDPR application .
File a claim for moral damages due to the violation .
If necessary, a criminal complaint under the Turkish Penal Code .

13. Conclusion

Fake social media accounts are a modern form of infringement targeting an individual's right to identity, reputation, and privacy.
The Turkish legal system provides comprehensive protection against such actions.

The Turkish Civil Code protects personal rights.
The Turkish Penal Code imposes criminal sanctions.
KVKK regulates data security.
Law No. 5651 allows for the blocking of access.

In conclusion:
The most effective solution against fake accounts is the simultaneous collection of evidence, filing a complaint with the platform and initiating legal proceedings.
In this process, the lawyer's knowledge of digital evidence management and information law is crucial.

Single Blog Title