THE CRIME AND PENALTIES OF COPYING SOCIAL MEDIA ACCOUNTS UNDER THE TURKISH PENAL CODE

THE CRIME OF COPYING SOCIAL MEDIA ACCOUNTS: AN EXAMINATION UNDER THE TURKISH PENAL CODE

ENTRANCE

Social media has become one of the most effective communication tools of our time. Millions of people use social media platforms as part of their daily lives and share their personal information on these platforms. However, this situation also creates a breeding ground for various crimes. The crime of copying social media accounts has emerged as an increasingly serious problem in recent years. This article will examine the place of the crime of copying social media accounts within the scope of the Turkish Penal Code (TCK) and the sanctions related to this crime.

WHAT IS SOCIAL MEDIA ACCOUNT COPYING?

Social media account hijacking can be defined as the unauthorized imitation of a person's social media account or impersonation of another person. This is usually carried out by malicious individuals who create fake accounts and use the victim's personal information, photos, or other content without permission. This crime can damage the victim's reputation, cause financial losses, and lead to psychological trauma. When a person's social media account is hijacked and their personal information and photos are used to create a fake account in their name or someone else's name, certain types of crimes occur;

ARTICLE 268 OF THE TURKISH PENAL CODE; USE OF ANOTHER PERSON'S IDENTITY INFORMATION

ARTICLE 134 OF THE TURKISH PENAL CODE; VIOLATION OF THE RIGHT TO PRIVACY

Turkish Penal Code Articles 136, 137; Unlawfully Disclosing or Obtaining Data

Turkish Penal Code Article 135; Recording of Personal Data

SOCIAL MEDIA CRIMES IN THE TURKISH PENAL CODE

While the Turkish Penal Code (TCK) does not contain direct regulations regarding crimes committed via social media, such crimes are evaluated within the framework of general provisions. The crime of copying social media accounts can be examined under various articles of the TCK:

1. Turkish Penal Code Article 134: Violation of the Right to Privacy. Article 134 of the Turkish Penal Code regulates the criminal sanctions against individuals who violate the privacy of private life. Unauthorized copying of social media accounts may constitute a violation of the victim's right to privacy and may be evaluated under this article. The full text of the article is as follows: "A person who violates the privacy of another person shall be punished with imprisonment from one to three years."
2. Turkish Penal Code Article 136: Unlawful Acquisition and Dissemination of Personal Data. The crime of copying social media accounts generally occurs through the unauthorized acquisition and use of the victim's personal data. Article 136 of the Turkish Penal Code defines the unlawful acquisition and dissemination of personal data as a crime: "A person who unlawfully gives, disseminates, or acquires personal data belonging to another person shall be punished with imprisonment from two to four years."
3. Turkish Penal Code Article 158: Aggravated Fraud The copying of social media accounts can also be carried out with the intention of impersonating the victim and committing fraud. In this case, the crime of aggravated fraud under Article 158 of the Turkish Penal Code is committed: “Obtaining benefit by using another person's bank or credit card without authorization is considered aggravated fraud and is punishable by imprisonment from three to seven years.”

ELEMENTS OF THE CRIME

Certain elements must come together to constitute the crime of copying social media accounts:

1. UNAUTHORIZED USE: The fundamental element of the crime is the unauthorized copying or impersonation of a person's social media account. This action, carried out without the victim's consent, is unlawful.
2. INTENT: For a crime to be committed, the perpetrator must have intent, meaning they must consciously and willingly want to commit the crime. The perpetrator must act knowingly and willingly, copying the victim's account.
3. INTENTION TO CAUSE HARM: Another element of the crime is the perpetrator's intention to harm the victim. This harm can be material or include moral damages.

CRIMINAL SANCTIONS

The penalties prescribed under the Turkish Penal Code for the crime of copying social media accounts are designed to deter those who commit such acts. Criminal sanctions related to violations of privacy, unlawful acquisition of personal data, and aggravated fraud are important for preventing such actions and protecting victims.

JUDICIAL DECISIONS AND IMPLEMENTATION

The Turkish judicial system has issued various rulings regarding the crime of copying social media accounts. These rulings have evaluated issues such as the elements of the crime, the perpetrator's intent, and whether the victim suffered harm. The Supreme Court's decisions serve as an important guide in the application of this law and the determination of punishment.

INTERNATIONAL DIMENSION AND COMPARATIVE LAW

The crime of copying social media accounts is subject to similar regulations not only in Türkiye but in many countries. For example, in the United States, such crimes are dealt with at the federal level and carry heavy penalties. In Europe, the General Data Protection Regulation (GDPR) places great importance on the protection of personal data. This comparative legal perspective can provide insights into how Türkiye can align its fight against social media crimes with international norms.

TECHNOLOGICAL SOLUTIONS AND MEASURES

Technological solutions play a significant role in combating the crime of social media account theft. Social media platforms are taking various measures to ensure the security of user accounts. Methods such as two-factor authentication, using strong passwords, and monitoring account activity can be effective in preventing such crimes. Furthermore, raising awareness and educating users is also an important preventive measure.

SOCIOLOGICAL AND PSYCHOLOGICAL EFFECTS

The hacking of social media accounts can have serious sociological and psychological effects on victims. Victims may suffer reputational damage, financial losses, and psychological trauma. Therefore, it is important to provide psychological support in addition to legal support to victims. Social media platforms and government institutions can mitigate the negative effects of such crimes by offering support services to victims.

RAISING AWARENESS AND EDUCATION

To effectively combat social media crimes, awareness and education are necessary in society. Users should be informed about the security of their social media accounts and warned about potential risks. Schools and universities can raise awareness among young people by organizing training sessions on digital security and social media use.

UPDATING LEGAL REGULATIONS

Existing legal regulations regarding the crime of copying social media accounts need to be updated to adapt to the rapidly changing dynamics of technology and social media platforms. Continuously updating legislation and maintaining flexibility to accommodate new types of crimes will enable more effective combat against social media crimes.

CONCLUSION

The crime of copying social media accounts is regulated by various articles of the Turkish Penal Code and is subject to criminal sanctions. Committing this crime can cause serious material and moral damage to victims. In Türkiye, the fight against social media crimes is carried out rigorously to protect public order and prevent harm to individuals.

Legal regulations concerning the crime of copying social media accounts play a crucial role in preventing such activities and punishing perpetrators. In addition to existing regulations, updating them to adapt to the changing dynamics of technology and social media platforms is of paramount importance. In combating social media crimes, raising public awareness and utilizing technological solutions, alongside legal regulations, will yield effective results.

Law Student Intern

Osman Recep Gülşen