The Criminal Law Aspects of Social Media Posts: Crimes of Insult and Threat

In the digital world, social media platforms are no longer just tools for socialization; they are also digital public spaces with legal consequences. While many users believe they can say anything "freely" thanks to the anonymity provided by the screen, the Turkish Penal Code (TCK) treats actions committed behind a keyboard with the same seriousness as crimes committed in the physical world. Insult and threat offenses, in particular, are among the most frequently committed and prosecuted crimes via social media. This article will examine the legal aspects of how a "post" or "tweet" can escalate into a serious criminal case.

1. The Crime of Insult on Social Media (Turkish Penal Code Article 125)

According to Article 125 of the Turkish Penal Code, a person who attributes a concrete act or fact to another person that is likely to harm their honor, reputation, and dignity, or who attacks a person's honor, reputation, and dignity by insulting them, shall be punished.

committed via social media defamation has several critical characteristics:

• Publicity Increase: Since social media posts are generally made "publicly," the crime is considered to have been committed "publicly." This in a one-sixth increase .

• Defamation in the Presence of the Victim: The legislator considers defamation committed through information technology tools as having been "committed in the presence of the victim" (Turkish Penal Code 125/2). This means that even if the victim is not physically present at the screen, the crime is committed if the defamation is likely to reach them.

• Emojis and Innuendos: Not only words, but also derogatory emojis or veiled innuendos of insult .

2. The Crime of Threatening on Social Media (Turkish Penal Code Article 106)

The act of threatening to harm oneself or a close relative's life, bodily integrity, or sexual inviolability of threat . Messages sent via social media such as "I will kill you," "I'm in front of your house," or "You'll see what happens to you" are directly evaluated under Article 106 of the Turkish Penal Code.

of threatening The key aspects in

• Creating Fear and Anxiety: The threat does not necessarily have to be carried out; it is sufficient that it is capable of instilling significant fear and anxiety in the victim.

• Difficulty in Proving: In threats made via DM (Direct Message), a screenshot alone may not be sufficient. Identifying the IP address and determining the origin of the device from which the message was sent can change the course of the case.

3. Are Sharing, Liking, and Retweeting Crimes Under the Law?

The most controversial aspect of social media is complicity in someone else's crime.

• Sharing/Retweeting: If a user offensive language shares content containing

• Likes: According to recent Supreme Court rulings, simply "liking" something doesn't always constitute a crime; however, it can lead to legal liability if it intentionally contributes to the spread of the content or reflects an attitude that condones the crime.

4. Preservation and Proof Process of Digital Evidence

If you want to file a lawsuit or defend yourself because of a social media post, the digital evidence must have been obtained “lawfully”.

1. Screenshot: This is the first step, but it's susceptible to manipulation.

2. URL and Timestamp: The link to the post and the date/time it was made must be noted.

3. Notarized Verification: If there is a possibility that the post will be deleted, obtaining a notarized copy via "e-verification" is the strongest evidence.

5. Three Golden Legal Tips for Social Media Users

1. Don't write in anger: A mention written in a moment of anger can cost you months of legal trouble and a criminal record.

2. Don't be fooled by anonymity: made through "fake" accounts insult or threat , cybercrime units can identify the real person through device identification (MAC address) and other technical means.

3. Distinguishing Between Criticism and Insult: The law protects strong criticism but punishes attacks on character (insult). Target the idea, not the person, in your statements.

Conclusion

Social media is not a lawless "wild west." On the contrary, it is a vast pool of evidence where every second is recorded. defamation and threats are committed digitally, the likelihood of leaving a trace is far greater. The modern legal system has placed digital dignity under as much protection as the physical body. To prevent your posts from becoming mere legal case numbers, both digital literacy and legal literacy are vital.