The Legal Aspects of Sharing Photos on Social Media Accounts Without Permission

1. Introduction: The Importance of Privacy in the Digital Age

Social media platforms have become the most frequently used digital spaces for individuals to share their private lives, express their thoughts, and communicate. However, unauthorized photo sharingcan seriously interfere with individuals' privacy and lead to legal liability.

In Turkish law, issues such as the privacy of private life, personal rights, and personal data security are protected by the provisions of the Turkish Civil Code (TMK), the Turkish Code of Obligations (TBK), the Law on Intellectual and Artistic Works (FSEK), the Law on the Protection of Personal Data (KVKK) , and the Turkish Penal Code (TCK) . This article will examine in detail the legal aspects of sharing photos on social media accounts without permission.

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2. What is Unauthorized Photo Sharing?

Unauthorized photo sharing is the publication of photos taken or obtained without a person's consent on social media platforms (Instagram, Facebook, Twitter, TikTok, etc.). This action violates not only the person's privacy but also their personal data and image rights

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3. Legal Grounds

Sharing photos without permission violates multiple legal regulations:

a. Articles 20 and 22 of the Constitution

The Constitution guarantees the privacy of private life and the protection of personal data . Photographs are considered personal data

b. Turkish Civil Code, Articles 24 and 25

It provides the right to protection against unjust attacks on personal rights. Unauthorized sharing of photographs is a direct attack on personal rights.

c. Law on Intellectual and Artistic Works (FSEK) Article 86

Using a person's photograph without permission may infringe on the rights of both the artist and the model

d. Personal Data Protection Law (KVKK)

Since photographs constitute personal data, processing and sharing them without the person's consent is against the Personal Data Protection Law (KVKK).

e. Turkish Penal Code (TCK)

• Turkish Penal Code Article 134: Violation of the right to privacy.

• Turkish Penal Code Article 135: Unlawful recording of personal data.

• Turkish Penal Code Article 136: Unauthorized dissemination of data.

• Turkish Penal Code Article 138: Failure to destroy data.

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4. Criminal Law Aspect

134/1 of the Turkish Penal Code , a person who unlawfully discloses images or sounds relating to another person's private life imprisonment from 2 to 5 years . The dissemination of a photograph on social media platforms is considered "disclosure."

Article 136 of the Turkish Penal Code punishes the disclosure, dissemination, or acquisition of personal data by others. Therefore, sharing someone's photograph without their permission could also constitute a crime under this article.

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5. Liability for Damages

According to Article 58 of the Turkish Code of Obligations (TBK) , moral damages can be claimed in cases of violation of personal rights . This applies to unauthorized photo sharing:

• Non-pecuniary damages (compensation for emotional distress and suffering),

• Financial compensation may be sought (if the photograph was used for commercial purposes).

According to the established jurisprudence of the Supreme Court of Turkey, publishing a person's photograph on social media platforms without their permission constitutes a violation of their personal rights and may be grounds for compensation.

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6. Personal Data Breach Aspect

Under the Turkish Personal Data Protection Law (KVKK), photographs are considered personal data. Sharing photographs without permission constitutes data processing without the explicit consent of the data subject. This Article 18 of the KVKK . For the year 2025, fines of up to 150,000 TL can be imposed for KVKK violations.

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7. Sanctions for Unauthorized Sharing

The penalties that can be applied for unauthorized photo sharing are as follows:

1. Imprisonment (Turkish Penal Code Articles 134 and 136).

2. Moral damages (Turkish Code of Obligations, Article 58).

3. Administrative fine under the Personal Data Protection Law (KVKK).

4. Access restriction order for the photo to be removed.

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8. Supreme Court Decisions

• The 4th Civil Chamber of the Supreme Court of Appeals, Case No. 2019/2576 E., Decision No. 2020/3125 K., ruled that the defendant's unauthorized sharing of photographs belonging to his former girlfriend constituted a violation of personal rights and awarded moral damages.

• The 12th Criminal Chamber of the Supreme Court of Appeals, Case No. 2018/3346 E., Decision No. 2019/5572 K., ruled that sharing photos without permission on social media is a crime under Article 134 of the Turkish Penal Code and punishable by 3 years of imprisonment.

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9. Defense Strategies

While defending himself against the charge of sharing photos without permission:

• The photograph was taken in a public area

• The sharing was done with consent

• Arguments may be made that the photograph was used anonymously.
  However, outside of these circumstances, punishment is inevitable if the illegality is proven.

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10. Preventive Legal Measures

• Written consent must be obtained before sharing.

• Confidentiality agreements should be used to restrict data sharing by employees or third parties.

• Social media platforms' "removal and complaint mechanisms" should be actively used.

• If necessary, an access restriction order can be obtained by applying to the Magistrates' Court.

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11. Lawyer and Legal Support

Victims of unauthorized photo sharing can file a criminal complaint with the prosecutor's office as well as initiate legal proceedings for material and moral damages. In particular, to legally remove content that spreads rapidly on social media, for access restriction can be made under Law No. 5651 .

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12. Conclusion and Evaluation

Social media is a powerful tool for communication and sharing; however, unauthorized photo sharing that intrudes on people's privacy and personal data carries both criminal and civil liability. When the provisions of the Turkish Penal Code, the Personal Data Protection Law, the Turkish Code of Obligations, and the Copyright Law are considered together, such actions are subject to serious penalties.

Individuals should pay attention to the concept of consent in their social media posts, while institutions and content creators should act in accordance with the law to avoid facing heavy fines and imprisonment.