Glorifying Crime or Criminals on Social Media
Glorifying Crime or Criminals on Social Media
Can Tweets, Stories, Comments, and Likes Lead to Penalties?
1. Introduction: A Sentence, a “Joke,” and Criminal Liability
Sexist and derogatory statements like "women are divided into two categories: horizontal/vertical" or praises of criminals such as "you're a real man, well done, you did a good job" are often disguised as "humor," "humor," or "freedom of expression" on social media. However, the Turkish Penal Code criminalizes .
In this context, the most frequently discussed type of crime is **Article 215 of the Turkish Penal Code, which concerns the "crime of praising a crime and a criminal." According to this article, a person who publicly praises a crime that has been committed or a person who has committed a crime, and if this action causes a clear and present danger to public order, shall be punished with imprisonment for up to two years .**
Some posts, however, focus more on something other than Article 215 of the Turkish Penal Code;
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Turkish Penal Code Article 125 – Insult,
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Turkish Penal Code Article 216 – Inciting hatred and hostility or humiliation against the public,
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Provisions regarding propaganda for a terrorist organization or incitement to crime
It may fall within the scope.
This article will examine how the crime of glorifying crime and criminals occurs, particularly through social media posts , what crimes sexist expressions can lead to, and the Supreme Court's decisions regarding social media
2. What is the Crime of Glorifying Crime and Criminals (Turkish Penal Code Article 215)?
The crime of glorifying crime and criminals, in short, includes the following elements:
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a crime that has been committed .
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The conviction of the person who committed this crime must be final (the Court of Cassation and legal doctrine emphasize this).
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The perpetrator must "praise" the crime committed or the criminal.
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The act of praising "publicly" (in a setting accessible to everyone).
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This praise must create a "clear and present danger" to public order
Key points:
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a case that has not yet been finalizeddoes not, as a rule, fall under Article 215 of the Turkish Penal Code; because "guilt has not been definitively established."
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not merely to express "liking" or "appreciation," but to legitimize, normalize, and even exemplary .
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The crime has been reclassified from an abstract danger crime to a concrete danger crime requiring "clear and present danger" ; that is, the act of praising someone must create a tangible risk to public order.
3. Glorifying Crime on Social Media: Tweets, Stories, Comments, Likes
Today, much of the debate about glorifying crime or criminals Twitter, Instagram, TikTok, and Facebook . So, what behaviors on social media can bring this crime to the forefront?
3.1. Examples of Posts That Could Be Considered Glorifying Crime and Criminals
The following types of statements may be evaluated within the scope of Article 215 of the Turkish Penal Code, depending on the specific case:
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Regarding a perpetrator who has been definitively convicted of violence against women , sexual assault , assault , or hate crimes :
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"Well done, that's how you train a man, she did the right thing."
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"I wish everyone was as brave as him; there aren't many people left who beat others up like that."
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Crimes such as acts of violence motivated by terrorism or attempted coups:
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"The coup is good, it would be wonderful if it had succeeded."
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Regarding a lynching or murder crime:
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"The court wasted its time; true justice is in the streets. They killed him well."
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Such statements legitimize a crime that has been committed, present the perpetrator's behavior as an exemplary model, and increase the "risk of similar crimes becoming widespread in society." The Supreme Court, especially in cases where posts praising violent crimes and terrorist acts, examines the elements of the crime one by one.
3.2. Are Sharing, Retweeting, Reposting, and Liking Also Crimes?
The Constitutional Court and the European Court of Human Rights that "liking" can also be considered an expression of opinion, and therefore, a like can be interpreted as approval or support for the content.
This perspective is also important with regard to Article 215 of the Turkish Penal Code:
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Sharing or retweeting content often implies spreading and adopting that content
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In some cases simply 'liking' something can be interpreted as a supportive and appreciative gesture, depending on the context and content.
In its decision numbered 2024/5931, the 3rd Criminal Chamber of the Court of Cassation ruled that the failure to discuss whether the defendant made specific posts on Twitter and whether these posts constituted propaganda for an armed terrorist organization or the crime of praising a crime and a criminal under Article 215 of the Turkish Penal Code was a reason for reversal; courts were reminded that social media content must be evaluated on a case-by-case basis.
Therefore, defenses such as "I just retweeted it" or "it was just a joke" may not be sufficient on their own for the courts; the entirety of the content, the time it was shared, the context, and its public impact are taken into consideration.
Let's assume that person A of sexual assault , and the conviction has been upheld by the Supreme Court, making the decision final. Regarding this case, which has become a trending topic, the following tweet is being posted on social media:
"Kudos to that guy, that's how you teach a woman to behave. I wish everyone was like him."
This tweet;
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A concrete sexual assault crime,
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A convicted criminal,
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He praises it as "exemplary behavior" ;
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It has the potential to normalize and encourage sexual assault against women in society.
Therefore, the post in question;
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Article 215 of the Turkish Penal Code – praising crime and criminals,
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Article 125 of the Turkish Penal Code – insulting the victimized woman/women,
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Depending on the situation, Article 216/2 of the Turkish Penal Code – humiliating women on the basis of their gender.
They can be evaluated together in this respect. Which crimes will be convicted will be determined according to the full text of the statements in the post, the context of the event, and its social impact.
6. Distinguishing Between Glorifying Crime and Criminals – Insult – Hate Speech
On social media, even a single sentence can sometimes touch upon more than one type of crime. In a rough outline:
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Turkish Penal Code Article 215 – Glorifying crime and criminals
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a crime that has been committed and for which a verdict has been finalized, or praising.
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The act of praising poses a clear and present danger to public order .
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Article 125 of the Turkish Penal Code – Insult
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Severe insults, humiliations, and attacks on the personal rights of a specific person or group.
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Turkish Penal Code Article 216 – Inciting hatred and hostility or humiliation against the public
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Publicly humiliating a particular group of people on the basis of their gender , or inciting hatred and hostility against another group.
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7. What Can Victims Do? (Complaint and Evidence)
When women, or any group, encounter such harsh, sexist, or crime-glorifying rhetoric about themselves on social media:
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Take a screenshot,
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If possible, URL record, date and time information, username, and profile link.
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File a criminal complaint with the Public Prosecutor's Office (for insult, under Article 216 of the Turkish Penal Code, and if necessary, Article 215).
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If necessary, requests to block access and remove content can be made to Family Courts and Magistrates' Courts .
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It is also possible to file lawsuits for material and moral damages due to the violation of personal rights
Since social media law and criminal law are intertwined, it is crucial to carefully assess which crimes have been committed in a specific case and to seek professional legal assistance
8. Conclusion: Not a "Joke," but a Criminal Line
On social media;
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Glorifying crimes and criminals,
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It demeans certain groups, especially women, on the basis of gender,
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It normalizes and "encourages" sexual assault, violence, and hate crimes
Sharing these posts is no longer just an "ethical issue," a risky action under criminal law.
Sexist statements, especially those that legitimize crime and demean women, are highly likely to constitute insult and defamation under Article 216/2 of the Turkish Penal Code; depending on the context, they can also be combined with praising the crime and the perpetrator .
In short:
Tweets, stories, comments, and likesare not just "social media content"; evidence in a criminal case . Therefore, knowing the legal boundaries, both when sharing content and when you are a victim, is vital for correctly exercising your rights and freedoms.
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