PROTECTION OF PERSONALITY RIGHTS ON SOCIAL MEDIA

1. INTRODUCTION

The integration of social media platforms into daily life has enabled individuals to share their thoughts, photos, and information about their private lives with a wide audience. However, insults, defamation, threats, unauthorized sharing of photos, disclosure of personal information, and the dissemination of false content via social media can lead to violations of personal rights. Therefore, protecting personal rights on social media has become a crucial issue in modern law.

The right to personality is a fundamental right encompassing a person's material and moral values, including their life, health, bodily integrity, honor and reputation, name, image, voice, private life, and personal data. The ability of a social media post to reach a large number of people quickly and be reposted by different accounts increases the impact of a violation of this right. Furthermore, the permanence of online content can lead to long-lasting harm to a person's social, professional, and economic life.

The fundamental regulations concerning the protection of personal rights in Turkish law are found in Articles 24 and 25 of the Turkish Civil Code. A person whose personal rights have been unlawfully violated may request the prevention of the violation, the cessation of an ongoing violation, and the determination of the unlawfulness of the continuing violation. Furthermore, it is possible to claim compensation if material or moral damages have resulted from the violation. Article 58 of the Turkish Code of Obligations also allows a person whose personal rights have been violated to claim moral damages.

Sharing a person's photograph, phone number, address, health information, or other personal data unlawfully on social media may also have consequences under the Law No. 6698 on the Protection of Personal Data. In its decisions, the Personal Data Protection Board considers the sharing of personal photographs on social media accounts without explicit consent or another legal basis as a personal data processing activity.

A delicate balance must be struck between the protection of personal rights on social media and freedom of expression. Not every criticism made on social media constitutes a violation of personal rights, just as freedom of expression does not grant the right to interfere without limit in the honor, reputation, and private lives of others. The content of the post, the language used, the accuracy of the information, the public interest, the purpose of the post, and the individual's standing in society must all be considered together. The Constitutional Court also emphasizes the need for a fair balance between the protection of personal rights in online publications and freedom of expression and the press.

In conclusion, protecting personal rights on social media may bring about different avenues of recourse within the scope of private law, criminal law, personal data protection law, and internet law. Depending on the nature of the violation, requests may be made for the removal of the content, cessation of the attack, determination of the illegality, compensation for material and moral damages, and criminal liability. Given the rapid spread of social media violations, it is crucial to secure digital evidence such as screenshots, links to shared content, dates, and account information without delay.

2. THE CONCEPT OF PERSONALITY RIGHTS

I. WHAT ARE PERSONALITY RIGHTS?

The right to personality is a fundamental right that protects all the material and moral values ​​a person possesses from birth. Life, health, bodily integrity, honor and reputation, private life, name, image, voice, personal data, and professional reputation are among the main values ​​protected under the right to personality.

Personal rights are intrinsically linked to the individual. Therefore, as a rule, they cannot be transferred to another person, inherited, or completely waived. While a person may permit the use of their image or information in certain circumstances, this permission does not grant unlimited power to dispose of their personal assets.

According to the Turkish Civil Code, not every interference with personal rights is unlawful. Interference may be considered lawful if there is the person's consent, a superior private or public interest, or a legally granted authority. However, actions that damage a person's honor and reputation, disclose their private life, or use their image without permission, without any of these reasons, may constitute a violation of personal rights.

A person whose personal rights have been violated can request the prevention of the attack, the cessation of an ongoing attack, and the determination of the illegality of the attack whose effects are still being felt. If damages have occurred as a result of the violation, it is also possible to claim material and moral compensation. The fact that social media posts can reach large audiences quickly has made the protection of personal rights in the digital environment even more important.

II. THE LEGAL NATURE OF THE CONCEPT OF PERSONALITY RIGHTS

The right to personality is an absolute and strictly personal right that protects an individual's rights over all the values ​​that constitute their material and moral existence. Life, health, bodily integrity, honor and reputation, private life, name, image, voice, and personal data fall within the scope of protection of the right to personality. The right to personality is not limited to a single value, but is a general and comprehensive right encompassing all the values ​​that constitute an individual's existence within society and their individual integrity.

The absolute nature of the right to personality means that this right can be asserted not only against specific individuals but against everyone. Third parties are obligated not to interfere unlawfully with a person's private life, honor and reputation, image, or other personal values. The Constitutional Court also considers personal honor and reputation as part of the moral integrity guaranteed in Article 17 of the Constitution.

Personal rights are also strictly personal. Therefore, they cannot be transferred to another person, cannot be completely waived, and as a rule, do not pass through inheritance. Article 23 of the Turkish Civil Code stipulates that a person cannot waive their legal capacity and cannot restrict their freedoms in a manner contrary to law or morality. A person may allow their photograph to be used for a specific purpose or certain information about their private life to be shared; however, they cannot exercise unlimited control over their entire personal rights.

While the right to personality primarily protects non-material assets, its violation can also result in economic losses. For example, posting false information on social media that damages a person's honor and reputation can negatively impact their professional standing and business activities. In such cases, an attack on the right to personality can have both moral and material consequences.

According to Articles 24 and 25 of the Turkish Civil Code, a person whose personal rights have been unlawfully violated may request the prevention of the violation, the cessation of an ongoing violation, and the determination of the unlawfulness of the violation whose effects continue. It is also possible to claim material and moral damages when the conditions are met. Article 58 of the Turkish Code of Obligations grants the right to claim moral damages to a person who has suffered moral harm due to the violation of their personal rights.

In conclusion, the legal nature of the right to personality can be explained by its absolute, inalienable, non-renounceable, and strictly personal nature. Especially in social media environments, the ability of content to reach large audiences quickly makes the effective protection of the right to personality and the swift pursuit of legal remedies against violations essential.

3. THE IMPACT OF SOCIAL MEDIA ON PERSONAL RIGHTS

The impact of social media on personal rights has become more significant with the widespread use of digital communication tools. Social media platforms allow individuals to share their thoughts, photos, and information about their private lives with large audiences. However, the rapid dissemination of these posts and their prolonged accessibility can amplify the impact of personal rights violations.

Insults, derogatory comments, false statements, and unfounded accusations made on social media can damage a person's honor and reputation. Furthermore, the unauthorized publication of a person's photograph, video, audio recording, phone number, or other private information constitutes a violation of their personal rights. Sharing information from fake or anonymous accounts does not automatically absolve one of legal responsibility.

Content shared on social media can quickly reach thousands of people, be reposted by other users, and be transferred to different platforms. This makes it difficult to monitor violations and completely remove the content. A person's social circle, professional reputation, and business activities can be negatively affected by such postings.

However, not every criticism made on social media constitutes a violation of personal rights. Freedom of expression and the right to criticize are protected by law. However, the expressions used must not be insulting, must not aim to belittle the individual, and must remain within the boundaries of criticism. A balanced assessment must be made between freedom of expression and the protection of a person's honor, reputation, and private life.

In conclusion, while social media offers significant opportunities in terms of communication and freedom of expression, it also increases the risk of violating personal rights. Social media users must respect the privacy, image, personal data, honor, and reputation of others when sharing content. Individuals whose personal rights have been violated can pursue legal avenues such as requesting the removal of the content, the cessation of the attack, and, if the conditions are met, seeking monetary or moral compensation.

4. VIOLATIONS OF PERSONAL RIGHTS ON SOCIAL MEDIA

Violations of personal rights on social media arise from unlawful posts targeting a person's honor and reputation, private life, image, voice, name, and personal data. The ability of social media content to reach large audiences quickly, be reposted by other users, and remain accessible for a long time increases the impact of the violation.

Insulting statements, false accusations, derogatory comments, and posts that damage a person's reputation in society are among the most common violations of personal rights on social media. However, not every negative comment is considered unlawful. While freedom of criticism and expression is protected, a violation of personal rights may arise if the expressions used are intended to humiliate the person or exceed the limits of criticism. The Constitutional Court also emphasizes that a fair balance must be struck between freedom of expression and the protection of honor and reputation in social media posts.

The unauthorized publication of photographs, videos, audio recordings, or correspondence relating to a person's private life can also constitute an attack on their right to privacy. In particular, the disclosure of images taken in a private setting or information that should remain confidential on social media can seriously damage the right to privacy. Sharing through a fake or anonymous account does not negate the illegality of the act.

Sharing a person's photograph, phone number, address, health information, or other information that makes them identifiable on social media without a legal reason can have consequences in terms of personal data protection. The Personal Data Protection Board issues decisions ordering the removal and deletion of photographs published on social media without explicit consent or other legal processing conditions.

An attack on personal rights may not only be perpetrated by the person who initially shared the content. Resharing unlawful content, disseminating it to a wider audience, or adding statements that aggravate the attack in the comments can also give rise to legal liability, depending on the specific circumstances of the case. Therefore, social media users should consider the accuracy of the content they share and its impact on the personal rights of others, even if the source is another account.

According to Articles 24 and 25 of the Turkish Civil Code, a person whose personal rights have been violated may request the prevention of the attack, the cessation of an ongoing attack, and the determination of the illegality of an attack whose effects are still being felt. If material or moral damages have occurred as a result of the violation, it is also possible to file a lawsuit for compensation. Article 58 of the Turkish Code of Obligations grants a person whose personal rights have been violated the right to claim moral damages.

If you encounter a violation of your personal rights on social media, it is important to immediately record the link to the post, the username, the date and time, the comments, and screenshots. Depending on the nature of the violation, various legal avenues can be pursued, including content removal, access blocking, compensation for material and moral damages, deletion of personal data, and criminal investigation. The course of action to be taken should be determined according to the content of the post and the personal rights violated.

5. LEGAL PROTECTION AGAINST VIOLATIONS OF PERSONAL RIGHTS

Legal protection against violations of personal rights is designed to prevent and stop the attack and to compensate for the damage caused. If posts damaging a person's honor and reputation are made on social media, information about their private life is disclosed, their image or voice is published without permission, or their personal data is shared unlawfully, various legal avenues can be pursued.

According to Articles 24 and 25 of the Turkish Civil Code, a person whose personal rights have been unlawfully violated may request the prevention of an anticipated violation, the cessation of an ongoing violation, and the determination of the unlawfulness of a continuing violation. The court may also be requested to take measures to eliminate the effects of the violation, such as issuing a correction or notifying third parties of the decision.

If material or moral damage has occurred due to a violation of personal rights, it is possible to claim compensation. According to Article 58 of the Turkish Code of Obligations, a person whose personal rights have been violated may request appropriate moral compensation for the moral damage suffered. In addition to compensation, the judge may also order a decision condemning the attack or the publication of such a decision. If economic damage has occurred due to loss of income or damage to professional reputation as a result of the violation, material compensation may also be claimed if the conditions are met.

If the content shared interferes with a person's private life, legal remedies under Law No. 5651 concerning the protection of privacy may be invoked. Additionally, the social media platform, content provider, or hosting provider can be contacted to request the removal of the unlawful content. The appropriate course of action should be determined based on the nature of the content, the personal value violated, and whether the content falls within the scope of private life.

If photographs, videos, phone numbers, addresses, or other personal data are shared without a legal basis, protection can be requested under the Law No. 6698 on the Protection of Personal Data. The data subject can first apply to the data controller to request the deletion or destruction of their data, or the cessation of unlawful use. If the application is rejected, the response is insufficient, or no response is given within the specified time, a complaint can be filed with the Personal Data Protection Board. The Board issues decisions regarding the removal and deletion of photographs shared on social media without a legal basis.

If a social media post also constitutes a crime such as defamation, threat, violation of privacy, or unlawfully disclosing or obtaining personal data, a criminal complaint can be filed with the Public Prosecutor's Office. Since civil lawsuits and criminal investigations are independent processes, it is possible to both claim compensation and pursue criminal avenues when the conditions are met. Unlawfully disclosing personal data via social media may give rise to criminal liability, depending on the specifics of the case.

Securing digital evidence promptly is crucial for an effective claim against violations of personal rights. The link to the shared content, the account username, the date of the post, comments, viewing information, and screenshots should be saved. If the content may be deleted later, using a notary, forensic evidence, or appropriate technical methods can facilitate proving the existence and scope of the post.

In conclusion, legal protection against violations of personal rights encompasses avenues for preventing and stopping the attack, removing the content, determining the illegality, deletion of personal data, compensation for material and moral damages, and criminal recourse. Due to the rapid spread of social media content, preserving evidence and promptly pursuing appropriate legal remedies after learning of a violation are of paramount importance.

6. CONCLUSION

While social media's expansion of freedom of communication and its ability to quickly reach large audiences is a significant development, it also creates a breeding ground for easier violations of personal rights. Insult, defamation, sharing false information, disclosure of private life, unauthorized use of images and sounds, and the unlawful publication of personal data are among the most common violations of personal rights on social media.

In protecting personal rights on social media, a fair balance must be struck between freedom of expression and the protection of a person's honor, reputation, and private life. While not every criticism or negative comment constitutes a violation of personal rights, posts that belittle, target, interfere with a person's private life, or disclose personal data without permission may give rise to legal liability.

In Turkish law, individuals whose personal rights have been violated can seek to prevent or stop the attack, have the illegality determined, have the content removed, and, if the conditions are met, demand material or moral compensation. If the sharing also constitutes a crime, criminal law remedies can be pursued; and if there is a personal data breach, recourse can be sought under the relevant laws of the Law No. 6698 on the Protection of Personal Data.

In social media breaches, it is crucial to preserve evidence promptly, as content can be quickly deleted or reposted by different accounts. Recording the sharing link, username, date and time, and screenshots will ensure a more reliable way to prove evidence in the legal process.

In conclusion, protecting the right to privacy on social media is possible not only through legal regulations but also through users behaving more consciously and responsibly in the digital environment. Social media users must respect the honor, reputation, privacy, image, and personal data of others while exercising their freedom of expression. The swift and effective implementation of legal protection mechanisms will contribute to the protection of fundamental rights in the digital environment and the ensuring of security in social media use.