The Crime of Insult on Social Media

The Crime of Insult on Social Media

I've been insulted on social media, what should I do?
The Crime of Insult, Complaint Period, and Right to Compensation (Updated 2025 Guide)

You saw a harsh comment written about you under a social media post: "Dishonorable, fraud, con artist..." Or a derogatory post was made that explicitly mentioned your name, damaging your reputation, and targeting your work or profession. If you're wondering, "Does this count as an insult? Can I get results if I complain? Will I miss the deadline?", then this guide is for you.

Below, what constitutes defamation on social media according to the Turkish Penal Code, which statements are considered defamatory, which statements fall solely under the scope of "criticism," what you should do, and the complaint period .

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1. What is the Crime of Insult on Social Media? (According to Article 125 of the Turkish Penal Code)

The crime of insult is regulated in Article 125 of the Turkish Penal Code . Briefly, attributing a concrete act or fact that is likely to offend a person's honor, reputation, and dignity, or expressing words and writings of an abusive nature, constitutes the crime of insult

The crime of defamation on social media generally involves:

• Instagram, X (Twitter), Facebook, TikTok, YouTube comments

• WhatsApp/Telegram groups

• Forum, dictionary, in-game chat rooms

It happens through.

Article 125/2 of the Turkish Penal Code , committing defamation "via communication" (message, email, DM, tweet, post, etc.) is also a crime.

Penalty: Basically, it is imprisonment for 3 months to 2 years or a judicial fine. Since insults made on social media are mostly "public," the penalty is increased by one-sixth according to Article 125/4 of the Turkish Penal Code

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2. Which Statements Are Considered Insulting on Social Media?

Not every harsh word written in a public comment constitutes "insult." However, according to Supreme Court precedents, some expressions are considered clear insults. We can consider the general framework as follows:

a) Expressions that are generally considered insulting

The following types of social media posts often constitute the crime of defamation:

• Severe profanity (degrading words that target a person's honor and dignity)

• Expressions that contain concrete accusations of crime, such as "fraudster, thief, swindler, dishonest person"

• Insulting accusations aimed at destroying a person's professional and social reputation

• Personally offensive terms such as "dishonorable, without integrity, lacking character"

• to a person's private life, sexist, racist, or constitute hate speech.

Even if such statements are written as comments, tweets, stories, DMs, or group messages on social media, this does not prevent the commission of the crime of defamation.

b) Distinction between harsh criticism and insult

The law also protects the right to criticize . A person can harshly criticize a politician, artist, businessperson, or service provider

Generally, only the following types of statements are considered criticism (the judge will determine this based on the specific case):

• "I was not satisfied with your service; you were unprofessional."

• "You're doing a terrible job, I won't buy from you again."

• "Your policies are wrong, you are causing hardship to people."

The aim here is not to attack a person's honor and reputation, but to criticize their work or attitude.

Important: The line between criticism and insult is assessed individually in each case, taking into account the tone used, the context, the entirety of the sentences, and the position of the person targeted. The Supreme Court strives to strike a balance between freedom of expression and the protection of personal rights.

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3. What can be done against offensive posts on social media?

When you are insulted on social media, you have rights both criminal law and private law (compensation) .

a) Criminal case (Turkish Penal Code Article 125 – Offense of insult)

• You can file a criminal complaint with the Public Prosecutor's Office .

• The crime of insult is a crime that requires a complaint (Turkish Penal Code, Article 73).

• The prosecutor's office requests information from institutions such as the Information and Communication Technologies Authority (BTK), the relevant platform, and the GSM operator to determine who owns the social media account.

• If sufficient suspicion arises, a public prosecution is initiated in the Criminal Court of First Instance.

b) Claim for moral damages (Turkish Code of Obligations, Article 58; Turkish Civil Code, Articles 24-25)

When you are insulted, you can file not only a criminal case but also a civil lawsuit .

• Article 58 of the Turkish Code of Obligations grants a person whose personal rights have been unlawfully violated the right to claim moral damages

• Articles 24-25 of the Turkish Civil Code regulate the possibility of requesting protection from a judge against attacks on personal rights, and of demanding the cessation or prevention of the attack, the remedy of its consequences, and the publication of the decision.

In this context, a person who has been insulted on social media:

• a lawsuit for moral damages .

• Requesting the deletion of the offensive post and the blocking of access to it.

• If necessary, that the decision be published .

Criminal proceedings and civil lawsuits are independent of each other; the initiation of one does not preclude the initiation of the other. A conviction in a criminal case strong evidence .

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4. Complaint Period: How Long Do I Have to File a Complaint for Insult on Social Media?

The crime of defamation subject to complaint ; that is, it is not investigated ex officio (automatically).

According to Article 73 of the Turkish Penal Code:

• The time limit for filing a complaint in defamation cases is six months from the date the perpetrator and the act are learned.

• Under the new regulation, the complaint period for the crime of defamation, which is subject to investigation and prosecution only upon complaint, cannot exceed 2 years from the date the offense was committed in any case.

Example:

• On January 1, 2025, an insulting tweet was posted about you.

• On March 10, 2025, you saw this tweet and found out who wrote it.

• within six months of March 10, 2025 (i.e., by September 10, 2025).

• However, the complaint period a maximum of 2 years from the date of the incident (until January 1, 2027); after this period, the right to complain expires.

If a complaint is not filed within the prescribed time limit , the prosecutor's office may decide not to prosecute on the grounds that "the complaint period has expired ." Therefore, it is crucial to gather evidence and file a complaint without delay as soon as you realize you have been insulted on social media.

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5. What to Do When You Are Insulted on Social Media? (Step-by-Step Roadmap)

1. Record the evidence immediately

• Take a screenshot of the offensive content .

• The screenshot must include:

  • Username, profile picture,

  • Date and time,

  • The full text of the comment/post,

  • Please include a link (URL) if possible

• Obtaining a "verification report" through a notary before the post is deleted will be very strong evidence in the future.

• For insults made in large WhatsApp/Telegram groups, the group name, the number of participants, and screenshots of the messages are important.

2. Use the platform's complaint mechanism

• On platforms like Instagram, Twitter, Facebook, and TikTok, report offensive content using the "report" button

• Even if the platform removes it, keep the screenshots you took before it was removed

3. Contact the prosecutor's office or the police station

• You can file a criminal complaint with the Public Prosecutor's Office in your area .

• go to the nearest police station, give a statement, and file a complaint .

• In your petition, clearly state that you are complaining about the crime of defamation under Article 125 (and, depending on the case, Articles 126 and 131) of the Turkish Penal Code.

4. Blocking access and removing content

The post contained offensive content;

• If it severely violates your personal rights,

• If they are disclosing your private life, or publishing your photos or videos without your permission,

You can request access to be blocked and content to be removed under Law No. 5651. This application is usually made to the Magistrates' Court .

5. Filing a compensation lawsuit

• If your mental peace, social and professional reputation have been damaged due to defamation , you can file a lawsuit for moral damages based on Article 58 of the Turkish Code of Obligations and Articles 24-25 of the Turkish Civil Code .

• In court, it is important to detail the impact of the defamation; its repercussions on your family and social circle, and the damage it has caused to your professional reputation.

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6. Common Mistakes and Things to Watch Out For

1. Don't retaliate by insulting them back.

   • Saying, "He insulted me, so I wrote back," does not absolve you of criminal responsibility; in cases of mutual insult, both parties can be charged.

2. Don't miss the complaint deadline.

   • The statute of limitations for filing a complaint in defamation cases is 6 months; furthermore, it cannot exceed 2 years from the date of the offense. Be sure to check the calendar.

3. Do not file complaints without evidence.

   • If the post has been deleted, presenting evidence becomes more difficult. Elements such as screenshots, notarized documents, and witness statements are important.

4. Don't just limit yourself to a criminal case.

   • The filing of a criminal case does not negate your right to compensation. Defamation is often grounds for serious moral damages .

5. Seek professional legal assistance.

   • Especially for accounts with a large following, and for posts that damage corporate reputation or lead to business losses, both criminal penalties and compensation are of serious importance. A strategy should be determined based on the specific characteristics of the case.

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7. Conclusion: Insulting on Social Media Doesn't Have to Go Unpunished

In summary:

• Posting insults, derogatory remarks, or accusations of wrongdoing targeting your honor, reputation, and dignity on social media may constitute the crime of defamation under Article 125 of the Turkish Penal Code .

• In this case, you can file a complaint with the prosecutor's office or police station within 6 months and no later than 2 years from the date of the incident .

• In addition to criminal proceedings, a claim for moral damages , and to request the removal of the content and the blocking of access to it.

Remember that every case is unique. This article is for general informational purposes only; to avoid any loss of rights in your specific case, you should definitely seek one-on-one legal advice, gather evidence professionally, and not miss the deadline for filing a complaint .