Introduction: Why is Social Media Law One of the Top 10 Most Frequently Asked Questions in Türkiye?

Social media has become the most influential communication platform in daily life.
Content creators, brands, influencers, businesses, and ordinary users actively use platforms such as Instagram, TikTok, YouTube, X (Twitter), and Facebook.

Therefore, the most frequently asked questions regarding internet law are as follows:

• Is insulting someone on social media a crime?

• Is it a crime to share someone's photo?

• Does creating a fake account result in penalties?

• Is disclosing a private message a crime?

• How does copyright infringement occur?

• How to prepare an influencer contract?

• How should sponsored content be managed?

• Are fraudulent lotteries a crime?

This article explains all these issues in detail within the scope of the Turkish Penal Code, the Personal Data Protection Law, the Law on Intellectual and Artistic Works, and Commercial Law.

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I. The Crime of Insult on Social Media (Turkish Penal Code Article 125)

What was written on social media:

• Comment

• Tweet

• DM

• Story answer

• Message under the video

This could constitute the crime of defamation.

Criteria for defamation:

➡ that is damaging to a person's honor, dignity, and reputation .

Regarding social media insults:

• IP address

• User information

• Screenshot

• HTS records

It is accepted as evidence.

The standard of proof is high, and the Supreme Court considers the following statements to be defamatory:

• Swear

• Humiliation

• Attack on personal rights

• Honor-morality attack

The complaint period is 6 months.

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II. Threats and Blackmail on Social Media (Turkish Penal Code Articles 106–107)

For example:

• "I'll publish your photos."

• "I'll humiliate you."

• "I'll raid the house."

Such statements of threat and blackmail .

In these crimes:

➡ There is no time limit for filing a complaint.
➡ An investigation will be initiated ex officio.

Evidence:

• DM records

• WhatsApp messages

• Audio recordings

• Videos

• E-mail

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III. Violation of Privacy – Is Sharing Screenshots a Crime?

According to the Turkish Penal Code:

📌 Sharing someone's private message, photo, location, or video without their permission is a crime.

Examples:

• Sharing a WhatsApp conversation

• Publishing a DM screenshot on your story

• To reveal a person's photograph

• Publishing private videos

This crime falls under Article 134 of the Turkish Penal Code and carries a severe penalty

➡ Imprisonment from 1 to 3 years.

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IV. Creating Fake Accounts – Criminal Law and GDPR Aspects

By creating a fake account:

• To imitate a person

• To comment on his behalf

• To humiliate him

• To commit fraud

It is a crime.

According to Articles 157-158 of the Turkish Penal Code, fraud committed using a fake account aggravated fraud .

Fake accounts also include:

➡ GDPR violation
➡ Violation of personal rights
➡ Unfair competition crime
➡ Trademark infringement

She can give birth.

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V. Copyright – The Most Common Mistake on Social Media

According to the Law on Intellectual and Artistic Works (FSEK):

➡ A photograph, video, music, graphic, logo, design, book, or written work can all be considered a work of art.

Therefore:

• Using music without permission

• Sharing someone's photo with a caption

• Re-uploading YouTube videos

• Sharing content without attribution

This is a copyright infringement.

Punishment:

• Compensation

• Content removal

• Compensation for the damages of the author

• Up to 1 year imprisonment (in some cases)

Instagram or YouTube may issue a "copyright strike" warning and close the account.

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VI. Legal Regulations for Influencers and Content Creators

The most critical issues for influencers and content creators:

1. Advertisement disclosure

2. Brand collaboration agreements

3. Taxation

4. Copyrights

5. Contractual obligations

6. Return and exchange processes

7. Ministry of Trade inspections

Clauses that should be included in an influencer contract:

• Type of content

• Disclosure obligation (#advertising, #collaboration)

• Transfer of copyrights

• Payment method

• Publication date

• Content Removal Terms

• Avoiding damage to brand reputation

• Penalties

All collaborations fall under the category of "commercial advertising" and must be clearly stated.

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VII. The Culture of Disclosure on Social Media – Legal Risks

Social media leaks have increased in Türkiye, especially in recent years.

The leaked content includes:

• Personal data breach

• Insult

• Threatening

• Moral compensation

• Violation of privacy

• Damage to commercial reputation

This can lead to their crimes.

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VIII. KVKK – Personal Data Breach on Social Media

Personal data:

➡ Any information that identifies a person.

On social media:

• First and last name

• Photograph

• Telephone

• Address

• Location

• Number plate

• Sound

• Face image

• Private message

Sharing it without permission of the Personal Data Protection Law (KVKK ).

KVKK (Personal Data Protection Law) fines 50,000 TL to 1,500,000 TL .

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IX. Social Media Fraud – Qualified Crime

Instagram sales pages, fake giveaways, and methods of asking for money via direct messages are among the most common types of scams.

This crime:

➡ According to Article 158 of the Turkish Penal Code, this constitutes "aggravated fraud through information technology."
➡ The penalty is imprisonment for 4 to 10 years plus a fine.

Evidence:

• IBAN records

• IP address

• Bank transactions

• Message screenshot

• Camera recordings

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X. Social Media Content Removal – Defamation and Reputation Protection

For posts containing insults or violations of personal rights:

1. Complaint to the platform

2. Content removal order from the Magistrate Court Judge

3. Material and moral compensation

4. Criminal case

5. GDPR complaint

There are application methods.

Courts can make a decision within 24 hours.

Conclusion

Internet and social media law is the fastest-growing legal field of the digital age.
Defamation, disclosure, fake accounts, copyright infringement, influencer contracts, and personal data issues affect thousands of people every day.

With the right legal roadmap, both personal rights and economic rights can be protected.