Is Hacking a Social Media Account a Crime?

One of the most striking developments of the digital age is the integration of social media platforms into our lives. Today, platforms like Facebook, Instagram, WhatsApp, X (formerly Twitter), TikTok, and similar platforms are used not only for communication but also actively in business, commerce, politics, and even the legal world. It is a natural consequence that such a heavily used platform is vulnerable to cyberattacks and malicious individuals. The act of "stealing social media accounts," which has become increasingly common in recent years, has very serious consequences both socially and legally. In this article, whether stealing social media accounts constitutes a crime under the Turkish Penal Code, the relevant articles, Supreme Court rulings, international practices, and the legal avenues available to victims.

Definition of Social Media Account Hacking

Social media hacking, in short, means gaining access to someone else's social media account without their consent, managing the account, accessing messages, modifying or deleting content. Account hacking is most often done through password cracking, fake login pages (phishing), email redirection, or malware. This action constitutes an unlawful entry into an information system and also means the unauthorized acquisition of personal data. This is because social media accounts are not just photos; private messages, friend lists, personal information, and trade secrets are also stored on these accounts.

Hacking a Social Media Account under the Turkish Penal Code

The Turkish Penal Code does not explicitly regulate the theft of social media accounts by name. However, considering the legal nature of the act, it appears that several different crimes have been committed:

Turkish Penal Code Article 243 – Unauthorized Access to
an Information System: A person who unlawfully accesses all or part of an information system shall be punished. Since a social media account is an information system, unauthorized access falls under this article.
Turkish Penal Code Article 244 – Obstructing, Disrupting, Destroying or Altering Data in a System.
Changing account passwords, deleting content, and sharing new content fall under this article. In other words, gaining control of an account constitutes not only unauthorized access to an information system but also the crime of altering data.
Turkish Penal Code Article 134 – Violation of the Right to Privacy:
Reading private messages, sharing photos and videos of someone else on their social media account constitutes a violation of the victim's privacy. Therefore, a separate crime of violating the right to privacy is also committed.
Turkish Penal Code Article 136 – Unlawful Acquisition of Personal Data:
Obtaining or sharing personal information from social media accounts with third parties constitutes the crime of unlawfully acquiring personal data.
Turkish Penal Code Article 158/1-f – Qualified Fraud:
If money is requested from the victim's friends through the stolen account, fake donations are collected, or financial gain is obtained through other means, the crime of qualified fraud is considered.

Supreme Court Rulings on Social Media Account Hacking

The Supreme Court's practice indicates that hacking a social media account is considered a crime falling under multiple categories.

The 8th Criminal Chamber of the Supreme Court of Appeals, in its decision numbered 2014/12019 E., 2015/9072 K.,
ruled that the defendant's act of hacking into someone else's Facebook account constituted the crime of unauthorized access to an information system.
The 12th Criminal Chamber of the Supreme Court of Appeals, in case number 2017/8145 E., 2019/4678 K.,
ruled that the defendant's act of sending messages from a social media account he had seized constituted the crime of altering data.
The 18th Criminal Chamber of the Supreme Court of Appeals, in case number 2016/1432 E., 2016/5732 K.,
ruled that accessing a WhatsApp account and reading messages falls under the crime of violating the privacy of private life.

These decisions show us that a single act can give rise to multiple crimes.

The Consequences of Hacking a Social Media Account

Stealing a social media account carries very serious criminal consequences for the perpetrator. Under cybercrime laws, the penalty ranges from 1 to 6 years of imprisonment . If fraud is committed using the stolen account, this penalty can increase to 10 years. Furthermore, if the victim's personal data has been obtained without permission, administrative fines under the Personal Data Protection Law (KVKK) may also be imposed. In addition, the victim can file a lawsuit for moral damages, seeking monetary compensation for the violation of their personal rights.

Problems in Implementation

Although the law is clear, some problems are encountered in practice. First, there is the difficulty of obtaining evidence. Even if the victim tries to prove that their account has been hacked with screenshots, it may be debatable whether these screenshots will be considered legally admissible evidence in court. In addition, since IP addresses often originate from abroad, identifying the perpetrator becomes difficult. For this reason, prosecutors activate international judicial cooperation mechanisms.

International Law and European Practices

The GDPR regulation in the European Union imposes very severe penalties for the unauthorized hacking of social media accounts. In countries like Germany and France, hacking a social media account can result in up to 5 years of imprisonment. This situation parallels the practice in Turkey.

Methods of Protection and Legal Remedies

There are some technical measures individuals can take to prevent their social media accounts from being hacked:

Using strong passwords,
Enabling two-factor authentication (2FA),
Keep your email address and phone number up to date
Avoid clicking on unknown links.

However, if the account is hacked, the legal options available are as follows:

Report it to the social media platform immediately.
A criminal complaint should be filed with the Public Prosecutor's Office .
Application to BTK (Information and Communication Technologies Authority).
Filing a lawsuit for moral damages.

Conclusion

While hacking a social media account might seem like a trivial act in everyday life, according to the Turkish Penal Code, it is a serious offense that can constitute multiple crimes simultaneously. Crimes such as unauthorized access to a computer system, data tampering, theft of personal data, violation of privacy, and even fraud can all be simultaneously brought to light. Supreme Court rulings also support this view. Therefore, hacking a social media account is definitely a crime , and the perpetrator can face both imprisonment and fines. It is of great importance for victims to seek legal recourse as soon as possible.

Law Faculty Student Ada Ceren KENDİGELEN

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