Insult, Threat, and Violation of Privacy on Social Media

1. What crimes do insults, threats, and violations of privacy on social media constitute?

Illegal posts on social media are often digital versions of classic crimes defined in the Turkish Penal Code. In other words, there is no separate crime type called "social media crime"; insult is still insult, threat is still threat, only the means of commission are different. Therefore, knowing what each post means is important for correctly determining under which category to file a complaint.

1.1. The Crime of Insult on Social Media

Insult occurs when a person's honor, reputation, and dignity are harmed by a specific act or fact, or by the use of general, abusive language. On social media:

• Writing openly derogatory words like "stupid," "dishonorable," or "idiot" to a person,

• Sending derogatory remarks to someone via message, even if not publicly accessible,

• Making derogatory posts about a person's professional reputation

This could bring up the crime of defamation. In defamation cases, the fact that the crime is committed publicly (for example, by sharing it on a publicly accessible account) is an aggravating circumstance. This is a common occurrence on social media, as most posts are made publicly or to all followers.

Since defamation is a crime subject to complaint, the victim generally must exercise their right to complain within 6 months of learning of the defamatory statement. If a complaint is not filed within this period, a criminal case cannot be opened.

1.2. The Crime of Threat on Social Media

A threat occurs when someone informs another person that they will commit an unlawful attack against their life, bodily integrity, or property. This can happen via social media

• Phrases like "I'm going to kill you" and "If I catch you on the street, I'll stab you,"

• "I'll tear your workplace down, I won't let you stay here,"

• "Something will happen to your children, you'll see."

Such statements can lead to the crime of threatening. The act of threatening is frequently committed through social media messages, especially in relationships involving domestic violence, divorce proceedings, conflicts between former spouses/partners, and workplace disputes.

Depending on the severity of the threat, the crime may be investigated ex officio or may be subject to complaint. In cases of serious threats to life, law enforcement authorities and the public prosecutor's office may intervene immediately, and protective measures may also be considered.

1.3. Violation of the Right to Privacy and Dissemination of Private Data

The violation of privacy can occur through the unlawful acquisition, recording, or disclosure of images, audio recordings, correspondence, or information relating to a person's private life. On social media:

• Sharing photographs or videos taken at home, at work, or in a private setting without a person's consent,

• Taking screenshots of WhatsApp conversations and leaking them,

• Sharing personal data such as private messages, photos, location, and health information without consent

This can be considered a violation of the right to privacy. Such actions have consequences not only in terms of criminal law, but also in terms of data protection and private law compensation claims. In particular, actions such as "revenge porn," where a former partner shares private images after a breakup, are offenses that lead to very serious consequences and carry significant penalties.

---

2. Can social media posts and screenshots be considered evidence?

One of the points that most confuses citizens is the evidentiary value of screenshots. The fundamental principle in criminal and civil proceedings is that any document obtained lawfully can be used as evidence. Social media posts and messages containing insults, threats, or violations of privacy can also be used as evidence, provided they are correctly identified and presented in court.

While courts generally accept screenshots as conclusive evidence on their own, they often require support from other evidence. For example:

• In addition to the screenshot, the relevant social media link (URL) should be saved

• Witness statements confirm that the suspect actually owned that account

• The same account has previously used that person's information in other posts,

• IP records and login information obtained from the platform by order of the prosecutor's office and the court

These factors strengthen the screenshot. Therefore, paying attention to technical details when taking screenshots increases the reliability of the evidence.

---

3. Why are screenshots so important?

Social media posts containing insults, threats, and violations of privacy are often quickly deleted or accounts are closed. Instagram stories, WhatsApp status updates, comments during live broadcasts, and instant messages, in particular, can disappear very quickly. Therefore, victims should secure evidence as soon as they become aware of the post.

Taking a screenshot:

• It records exactly how the content looks at that moment

• It makes it visible who posted the content, their account name, and profile information

• It records elements such as date, time, and platform information

• Even if the content is later deleted, it provides concrete evidence to the prosecutor's office and law enforcement during the complaint process.

Furthermore, during the complaint process, the prosecutor's office or the court may wish to request content and log records from the relevant social media platform for a specific date and time. A screenshot concretizes what this technical request pertains to; it is the most practical way to say, "On this day, at this time, this post was made from this account.".

---

4. How to Take a Screenshot? Important Tips to Consider

There are a few simple but crucial rules for taking a screenshot that provides strong evidence. Citizens often only crop out the message itself, which can lead to later disputes about "Which account sent this message, and what was the date?".

4.1. Username, Profile, and Date/Time Information Must Be Visible

The screenshot must include:

• The entire message containing insult or threat,

• The username, profile picture, and if possible, the display name of the account that sent the message

• The date and time of the post or message (if visible within the app),

• The conversation screen containing the message (for example, the WhatsApp chat window)

It must be clearly and legibly presented. Simply cropping the part containing the sentence seriously diminishes the value of the evidence. This is because the other party could claim, "This message isn't mine; it's taken from another chat, it's a montage." However, when the account name, profile, and date/time are visible, the prosecutor and judge can more easily form an opinion.

4.2. Save the Entire Screen and Multiple Pages If Necessary

On some platforms, content containing insults or threats may not be limited to a few lines; it may be a long message, a chain of comments, or a group discussion. In these cases:

• If one screenshot isn't enough, scroll down the chat and take multiple screenshots

• Number the screenshots (e.g., 1/3, 2/3, 3/3),

• Record multiple messages from the same person in chronological order.

This also reveals the context of the event. For example, whether the threat came during an argument or as a pre-planned attack is easier to understand by looking at the conversation as a whole.

4.3. URL and Date Bar are Important When Taking Screenshots from a Computer

If the social media post is viewed on a computer:

• Take a full-screen screenshot so that the URL of the relevant post is visible in the address bar at the top of the browser

• If possible, take a screenshot showing the computer's system date and time in the bottom right corner

• If the platform displays the date and time the post was made below the post, make sure that section is also included in the frame.

Such details facilitate the prosecutor's requests in subsequent negotiations with the platform. For example, it becomes possible to prepare a technical request such as, "Content viewed at this URL, under this account name, on this date.".

4.4. Screen Recording in Stories, Live Streams, and Audio/Video Calls

Insults or threats are sometimes made not in writing, but visually or audibly. For example:

• The insult made during an Instagram Live broadcast

• Threatening words spoken during a WhatsApp video call,

• Targeted statements made during a TikTok live broadcast,

• Threat sent via voice message.

In such cases, screen recordings or audio recordings become as important as screenshots. Most platforms allow screen recording (video). Furthermore, it may be possible to create evidence using the phone's audio recording features or third-party applications. The key point here is that the recording must be uninterrupted and unmanipulated. Tampering with, editing, or cutting the recording can lead to future disputes over the evidence and even, in some cases, claims of illegally obtained evidence.

4.5. Preserve the Integrity of the Evidence: Keep the Original File

After the screenshot is taken:

• Keep the original file on your phone/computer

• If possible, send a backup to yourself via email or store it in a secure cloud location

• When renaming a file, include the date and a short description (e.g., “2025-11-17_instagram_insult_1.png”).

If the original evidence is deleted, only secondary copies, such as a "jpeg" file from WhatsApp, may remain. This reduces the reliability of the evidence. Furthermore, if an expert examination is required after a complaint, the expert may also examine technical details such as the file's EXIF ​​information and creation date; therefore, preserving the file intact is crucial.

4.6. Notarization and Request for Court-Ordered Evidence Gathering

Especially in cases where numerous posts are shared, and defamatory and privacy-violating content is disseminated as part of a campaign, it is possible to obtain notarized or court-ordered evidence, rather than simply relying on screenshots. The notary can open the relevant page on their screen, document the content in a report, and add the printouts to the file. This process is a powerful method that largely eliminates any doubts about the accuracy of the evidence.

Evidence gathering can be requested before a compensation lawsuit is filed in a civil court or in parallel with the criminal investigation process. It is particularly important not to delay the evidence gathering process, as content violating privacy is likely to be quickly deleted.

---

5. Where to Apply? Public Prosecutor's Office, Cyber ​​Crimes Unit, Magistrates' Court, and Other Options

There is no single avenue of recourse for individuals who experience defamation, threats, or violations of privacy on social media. Different avenues of appeal exist in both criminal and private law (compensation, content removal). Below, we will provide a general overview of some of the most commonly used avenues.

5.1. Complaint to the Public Prosecutor's Office

The primary way to initiate a criminal investigation is to file a criminal complaint with the Public Prosecutor's Office. A criminal complaint involves:

• By personally going to the courthouse and having a criminal complaint report drawn up,

• Through the UYAP Citizen Portal and e-Government,

• By submitting a petition through a lawyer

This can be done. The petition should summarize the dates of the incident, the identities of the parties involved, the social media platform used, the account name, and the content of the messages, and include screenshots and, if available, video/audio recordings as attachments. The prosecutor's office will initiate an investigation upon receiving the complaint; if necessary, it will write to the relevant platform and the BTK (Information and Communication Technologies Authority) requesting IP and account information.

It is important to remember that the complaint period for defamation and threat offenses is generally 6 months, and to file a complaint as soon as the content is learned. Some offenses, such as violation of privacy, may be investigated ex officio; however, the victim's active participation is extremely beneficial to the process.

5.2. Police or Gendarmerie Cyber ​​Crimes Unit

Many provinces have Cyber ​​Crime Units within their Police Departments. Citizens can apply to these units, bringing evidence related to insults, threats, or violations of privacy they have experienced on social media. Generally, these units deal with:

• A complaint letter is received

• Screenshots and digital evidence are examined,

• If necessary, a direct copy can be made from the device

• The complaint is forwarded to the prosecutor's office.

This method is particularly useful in cases requiring technical investigation, such as fake accounts or anonymous profiles, as cybercrime units more closely monitor the technical processes related to IP address tracing and other digital footprints.

5.3. Application via Law No. 6284 in Cases of Domestic Violence and Threats from Former Spouses/Partners

Insults and threats often come from ex-spouses, ex-lovers, or fiancés. In such cases, threats and violence may not be limited to social media messages; they may also involve physical stalking, harassment by phone, or waiting around the home or workplace. At this point, requesting protective and preventive measures under Law No. 6284 may become relevant.

The victim may apply to the family court or law enforcement agencies:

• Removal of the person making the threat,

• Prohibition against harassment through communication tools,

• They can request measures such as preventing the continuation of abusive and threatening posts on social media.

In these applications, social media screenshots are also of great importance as evidence revealing the intensity and duration of the threats and coercion.

5.4. Compensation Claim Due to Violation of Personal Rights

Social media posts that constitute defamation or a violation of privacy are not only subject to criminal proceedings; they can also be considered an attack on personal rights and may be the subject of a compensation lawsuit in private law. Such lawsuits generally involve:

• In a civil court, a claim for moral damages was filed

• In some cases, lawsuits are filed to claim monetary compensation (loss of income, damage to brand value, etc.).

In compensation lawsuits, evidence such as screenshots, notarized statements, witness testimonies, and responses from social media platforms are used. The court determines the amount of compensation by considering the severity of the insult, the victim's social and professional standing, and the reach of the post (how many people may have seen it, how long it remained online).

5.5. Content Removal and Access Blocking

The longer defamatory or privacy-violating content remains online, the greater its impact on the victim. Therefore, it's important not only to file a criminal complaint but also to have the content removed as soon as possible. To remove content:

• First, a complaint can be submitted to the relevant social media platform (reporting/using an abuse form, etc.),

• Particularly for content that violates the privacy of private life, a court order to block access can be requested from the magistrates' court

• In some severe cases, very rapid blocking mechanisms can be implemented in coordination with the BTK (Information and Communication Technologies Authority) and the Association of Internet Service Providers.

Applications to the magistrates' court must clearly state the full URL of the relevant page, screenshots, and the type of violation. In cases involving images containing nudity that violate privacy, posts revealing family privacy, or the malicious use of children's photographs, a court order to block access is a vital tool for protecting the victim.

---

6. What You Need to Know Regarding Complaint Periods, Statute of Limitations, and Proof

Timing is crucial when it comes to crimes committed on social media. Many victims delay filing a complaint due to emotional or psychological reasons, which can lead to a loss of rights in some types of crimes.

6.1. Complaint Period: 6 Months, Especially for Insult and Certain Types of Threats

Offenses such as insult and certain threats are offenses subject to complaint. The victim must generally exercise their right to complain within 6 months of learning about the offending act and the identity of the perpetrator. For example:

• On January 1st, I received an insulting message via WhatsApp, and the sender is known

• The victim saw this message on January 1st and knew who it was from at that moment

In this case, the 6-month period starts running from January 1st. Taking a screenshot and waiting does not stop the timer. Therefore, thinking "I'll look at it later, I have time" is very risky.

The time limit for filing a complaint and the scope of the ex officio investigation may vary depending on the nature of the threat; it would be beneficial to discuss the specific case with a lawyer.

6.2. Statute of Limitations and Weakening of Evidence Over Time

In criminal law, statutes of limitations vary depending on the nature of the crime; however, in practice, the main problem is the loss of evidence over time and the data retention policies of platforms. Some social media providers delete log records or make access difficult after certain periods. Therefore, even if the incident is not completely forgotten, it can become very difficult to access evidence years later.

6.3. Burden of Proof and Expert Examination

In criminal proceedings, the burden of proof for a crime primarily rests with the prosecutor; however, the evidence presented by the victim shapes the investigation. Screenshots, video and audio recordings, witness statements, transcripts of correspondence, and platform responses all form a coherent whole. In some cases, expert examination may be necessary; the expert can examine whether the digital data has been manipulated, the integrity of the records, and the connection between the account and the suspect. Therefore, it is extremely important that the evidence is not tampered with or manipulated.

---

7. Fake Accounts, Anonymous Profiles, and IP Detection

The most common defense against insults and threats on social media is the claim, "This account doesn't belong to me," or "They created a fake account." Indeed, many insults and threats are made from accounts with fake names, no profile pictures, and nicknames. In this case:

• The victim should also take a screenshot and file a complaint

• The prosecutor's office may send requests to the relevant platform and official institutions for technical procedures such as IP address identification and device identification

• If necessary, attempts will be made to obtain records from internet service providers in Türkiye through the BTK (Information and Communication Technologies Authority).

While it may not be possible to definitively identify the perpetrator in every case, the use of a fake account does not negate the right to file a complaint or pursue legal action. It's important to remember that technical processes in such cases can be complex and achieving results can take time.

---

8. The Most Common Mistakes Citizens Make: Don't Undermine Your Rights

Individuals who encounter insults, threats, or violations of privacy on social media often make mistakes due to emotional reflexes, putting themselves in difficult situations and weakening the evidence. Common mistakes can be summarized as follows:

• Responding to insult with insult: If you respond to someone's insults by writing equally harsh words, a case of "mutual insult" can suddenly emerge in the file. In this situation, you can find yourself in the position of both the complainant and the suspect.

• Resharing content with the intention of disclosing it: For example, publicly sharing an insulting message you received privately, saying, "Look what they wrote to me," can create a second legal dispute. Especially if the content involves private images, you could also become the party disclosing the information.

• Cropping a screenshot and removing context: Simply framing a single sentence and cutting out the username, date, and rest of the conversation makes the evidence questionable.

• Manipulating evidence, such as deleting a word that appears excessively, adding another message, or altering content using filters or markers, creates serious credibility issues and diminishes the value of the evidence when revealed during expert examination.

• Delaying the complaint: Thinking things like, "They won't delete it anyway," or "Maybe they'll apologize," and letting the complaint period expire can lead to a complete loss of rights in some offenses.

Therefore, the healthiest approach is to protect the evidence before reacting emotionally, and then seek legal advice.

---

9. Conclusion: Steps to Take When You Are Attacked on Social Media

Here's a brief summary of the steps you should take when you encounter insults, threats, or violations of privacy on social media:

1. Take screenshots: Ensure the account name, profile, date, time, the full message, and the URL (if possible). If necessary, take multiple screenshots to save evidence.

2. Back up the evidence: Keep the original file, email it to yourself, or protect it in a secure cloud.

3. Respond legally instead of emotionally: Don't respond to insult with insult, and don't add another crime to the existing one.

4. Contact the prosecutor's office and/or the cybercrime unit: File a criminal complaint, providing details of the incident and any evidence you have.

5. Request content removal and access restriction: Especially with severe content that violates privacy, requesting an access restriction order from a magistrate's court may be considered.

6. If necessary, file a lawsuit for damages: You can claim moral damages and, where appropriate, material damages for the violation of your personal rights.

7. Seek expert help: Since the process has both criminal and civil law aspects, working with a lawyer will prevent loss of rights and expedite the process.

It should be remembered that crimes committed on social media are just as serious as crimes committed in a physical environment. The attitude of "it's the internet, nobody can do anything" is misleading for the perpetrator and a flawed belief that leads the victim to passivity. Screenshots, videos, chat logs, and digital traces, when collected with the correct techniques and used through legal means, can lead to serious consequences for acts such as defamation, threats, and violations of privacy.

In this context, the most effective approach to any attacks you face on social media is to quickly and accurately gather evidence, report to the relevant authorities without delay, and, if possible, seek professional legal assistance.