Petition for Moral Damages Due to Defamation via Information Technology

TO THE DUTY PRIMARY CIVIL COURT
OF ISTANBUL

PLAINTIFF        : Name and Surname - (Turkish Republic Identity Number: …) - Address REPRESENTATIVE: Lawyer's Name and Surname - Address DEFENDANTS: 1- Name and Surname - Address 2- Name and Surname - Address SUBJECT: Request for a decision ordering the defendants to pay … TL in moral damages due to the distress and suffering experienced by the client

EXPLANATIONS:

1. Client's Status and Reputation: The client is a respected educator with a long teaching career and currently works at … High School. Positive comments about him in his professional and social life, and the fact that he is loved by his students and known for his dedication to education, have been widely discussed.
2. Attacks on Personal Rights and Insults: The defendants have targeted the client's respectable life and aimed to damage his personal reputation by making insulting statements online. On a page titled "...enemy group" created through the ... website, derogatory and insulting information about the client was shared. This information included defamatory and unfounded allegations about the client's character and family. Furthermore, similar insults were made on the ... High School page with the aim of damaging the client's personal reputation and undermining his standing by creating public opinion.

   ...Messages containing abusive language against the client were also shared via the "Enemy Site". These writings had a significant psychological impact on the client's social circle and negatively affected their social life. The defendants also sent threatening and insulting emails to the client, which seriously affected their psychological health. A complaint has been filed with the Istanbul Chief Public Prosecutor's Office regarding these matters.

3. Investigation and Trial Process: As a result of the investigation conducted by the Istanbul Chief Public Prosecutor's Office, an indictment was prepared and a case was filed in the ... Magistrates' Court under case number .../... Following the trial, the defendants were convicted of the crime of defamation.
4. Claim for Moral Damages: The client's distress and suffering are even deeper due to her being a teacher at the school, her long teaching experience, and her reputation as a respected individual. The defendants' actions constitute a serious attack on the client's character, and the client has been subjected to all kinds of insults and ill-treatment. For these reasons, we request that the defendants be ordered to pay ... TL in moral damages to compensate for the moral harm suffered by the client.

EVIDENCE:

1. ... The decision of the Magistrates' Court, case number …/…, decision number …/…
2. Witness accounts
3. Internet printouts and other legal evidence

LEGAL GROUNDS:
Civil Code (CGC), Code of Obligations (CO), Code of Civil Procedure (CCP), and related legislation.

CONCLUSION AND REQUEST:
For the reasons briefly explained above, I respectfully request and demand that the defendants be ordered to pay … TL in moral damages, together with legal interest accruing from the date of the incident, and that the court costs and attorney fees be borne by the defendants.

…/…/…
Plaintiff's Attorney
Name and Surname
Signature