Crimes of Threat, Blackmail, and Violation of Privacy on Social Media

Entrance

Social media has become one of the most widely used communication platforms in daily life. Platforms such as Instagram, WhatsApp, Telegram, X, Facebook, TikTok, Snapchat, and others are used for communication, sharing, commerce, promotion, and socialization. However, these platforms are also areas where many legal problems arise, such as threats, blackmail, violation of privacy, dissemination of personal data, creation of fake accounts, disclosure, reputational attacks, and digital harassment.

Sending messages to someone via social media such as "I'll find you," "I'll send this to your family," "I'll share these images," "I'll release the conversations if you don't send me money," "I'll humiliate you," or "I'll send this to your workplace" threats, blackmail , and violation of privacy, . In particular, pressure exerted through private photos, videos, audio recordings, screenshots of messages, location information, identity information, or intimate images carries serious consequences under the Turkish Penal Code.

In the Turkish Penal Code, the crime of threat is regulated in Article 106, the crime of blackmail in Article 107, and the crime of violating the privacy of private life in Article 134. According to Article 106, threatening a person with an attack on their life, bodily integrity, or sexual inviolability, or that of a close relative, carries a sentence of imprisonment from six months to two years; if the crime is committed against a woman, the minimum sentence cannot be less than nine months. In cases of threats of significant financial loss or other harm, upon the victim's complaint, the sentence may be imprisonment for up to six months or a judicial fine.

Threatening to share private images on social media is considered not only a threat but also, if the conditions are met, a blackmail crime. According to Article 107 of the Turkish Penal Code, a person who forces someone to do or refrain from doing something unlawful or against their will, or who attempts to obtain an unfair advantage, shall be punished with imprisonment from one to three years and a judicial fine of up to five thousand days. Furthermore, attempting to gain an advantage by threatening to disclose matters that would harm a person's honor or reputation is also regulated within the scope of blackmail.

What is the crime of threatening on social media?

The crime of threatening on social media involves the perpetrator targeting the victim's peace, security, and freedom of will through digital communication tools. Threats can be committed through frightening statements suggesting that an attack, harm, significant property damage, or other harm will be inflicted upon the victim or their loved ones.

For a threat to be committed via social media, the message does not necessarily have to be publicly shared. Threatening statements sent via WhatsApp message, Instagram DM, Telegram conversation, X message, Facebook Messenger, SMS, or email can also constitute a crime. What is important is that the statement is likely to create serious fear and anxiety in the victim.

For example, statements such as "I will kill you," "I will injure you," "I will harm your family," "I will raid your house," "I will come to your workplace," and "You will pay dearly for this" may be evaluated under Article 106 of the Turkish Penal Code depending on the specific circumstances of the case. Whether the perpetrator actually has the means to carry out this threat is not always the determining factor; what is important is whether the threat is objectively capable of creating fear in the victim.

In social media threats, the language used, the parties' prior relationship, the continuity of the messages, whether the perpetrator knows the victim's address or workplace, whether physical contact occurred before or after the threat, whether the victim has a need for protection, and the visual, audio, or video content used by the perpetrator are all considered together.

Complaint and Investigation Process in Threat Crimes

The requirement for a complaint in the crime of threat varies depending on the type of threat. Threats against life, bodily integrity, or sexual integrity are generally investigated ex officio. However, for threats of significant financial loss or other harm, Article 106 of the Turkish Penal Code requires a complaint from the victim.

Anyone who receives threats via social media should document the messages before deleting them. This includes not only a screenshot of the message text, but also the account from which the message was sent, the username, profile link, date and time information, and any phone number (if available), as well as any audio or video recordings before and after the message. The context of the threatening message can directly affect the nature of the crime.

The threatening words must be written verbatim in the criminal complaint to be filed with the Public Prosecutor's Office; if the perpetrator is known, their identity information should be provided; if unknown, their social media username, profile URL, phone number, email address, or other digital traces should be specified. In cases where the perpetrator used a fake account, the prosecutor's office may be requested to obtain IP and login records from the relevant platform, investigate line information from the GSM operator, and request IP allocation records from the internet service provider.

What is the crime of blackmail on social media?

Blackmail is one of the most serious crimes committed on social media. In this crime, the perpetrator threatens the victim in order to force them into a certain behavior, extort money, compel them to continue the relationship, demand sexually explicit content, put pressure on their work or family life, or obtain unfair advantage.

Blackmail on social media typically takes the following forms: threats to send private photos to family, threats to share intimate images on social media, threats to send WhatsApp conversations to workplace, threats to expose images from a past relationship, demanding money using fake explicit content or deepfake images, demanding payment based on images obtained from dating apps, and threats to reveal that the victim is married or engaged.

Article 107, paragraph 2 of the Turkish Penal Code is of great importance, especially in cases of social media blackmail. This is because this paragraph punishes obtaining benefits by threatening to disclose or allege matters that would harm a person's honor or reputation. Therefore, statements such as "If you don't send money, I'll share your photos," "If you don't meet with me, I'll send the conversations to your family," or "If you don't do what I want, I'll humiliate you," can be typical examples of blackmail, depending on the circumstances.

The Difference Between Blackmail and Threat

Threats and blackmail are often confused. Every act of blackmail involves some form of threat; however, not every threat is blackmail. In a threat, the perpetrator makes a statement of harm intended to intimidate the victim. In blackmail, the threat is used to force the victim into a certain behavior or to obtain an unfair advantage.

For example, the phrase "I will kill you" could constitute a threat. Conversely, the statement "If you don't send me money, I will share your private photos" could constitute blackmail. In this case, the perpetrator forces the victim to send money and uses information about their private life as leverage.

Blackmail on social media applications is often committed in conjunction with the crime of violating the privacy of private life. The perpetrator first obtains the victim's private photos, videos, audio recordings, or correspondence; then threatens to disclose them. If the content is actually shared, the crime of violating the privacy of private life under Article 134 of the Turkish Penal Code also comes into play. In the Supreme Court's practice, the sharing of private images on social media platforms such as Facebook has also been evaluated under Article 134/2 of the Turkish Penal Code.

The Crime of Violating Privacy on Social Media

The right to privacy is a fundamental right that protects an individual's private life, including their personal relationships, family life, sexual life, health status, private conversations, personal images, audio recordings, and any personal information they do not wish to share with the public. Violation of this right through social media may result in criminal liability under Article 134 of the Turkish Penal Code.

According to Article 134 of the Turkish Penal Code, anyone who violates the privacy of an individual shall be punished with imprisonment from one to three years. If the violation of privacy is committed by recording images or sounds, the penalty shall be increased by one-fold. The second paragraph of the same article stipulates that anyone who unlawfully discloses images or sounds relating to the private life of an individual shall be punished with imprisonment from two to five years.

The most common manifestation of this crime on social media is the unauthorized sharing of private photos or videos. Even if a person has previously given their consent for the image to be sent to third parties or shared on social media, further consent is required. The fact that the image was previously taken with consent does not legitimize its subsequent unlawful disclosure.

In a decision by the 12th Criminal Chamber of the Supreme Court of Appeals, the unauthorized publication of a victim's private images on Facebook and Twitter accounts was deemed a crime of violating the privacy of private life under Article 134/2 of the Turkish Penal Code. The decision also stated that if private images are disclosed on multiple social media sites, the issue of a chain of offenses may arise.

Which types of social media posts violate the right to privacy?

Content that violates privacy on social media can take many forms. This includes sharing private photos, disseminating nude or intimate images, sending secretly recorded audio, publishing screenshots of private conversations, sharing images from home, disclosing health information, publishing family conversations, and sharing location or private relationship information with third parties.

However, not every sharing constitutes a violation of the right to privacy within the meaning of Article 134 of the Turkish Penal Code. Sharing a publicly visible act of a person within the limits of news value or criticism is not the same as disseminating images related to their private life without their consent. Therefore, the scope of private life is determined according to the specific circumstances of the case.

The concept of "the limits of consent" is particularly important in social media cases. A person sending a private photo to their significant other does not automatically mean they consent to that photo being shared with third parties. A private conversation on WhatsApp does not legally justify taking a screenshot and sharing it on social media. Even a post made within a closed group may protect the expectation of privacy, depending on the nature of the content.

The Crime of Disclosure and Sharing Private Images

Actions known as "disclosure" on social media are mostly evaluated under Article 134/2 of the Turkish Penal Code. Disclosure is the unlawful disclosure, sharing, sending, or making accessible to third parties images or sounds relating to private life.

Disclosure doesn't necessarily have to be public. Sending a private image to a single person, posting it to a WhatsApp group, sharing it on a Telegram channel, publishing it in a closed social media group, or sending it via email can all be considered disclosure, depending on the specific circumstances. The important thing is that the victim's private information is made available to someone else without their consent.

In a decision by the 12th Criminal Chamber of the Supreme Court of Appeals, it was accepted that the defendant committed both the crime of violating the privacy of private life under Article 134/2 of the Turkish Penal Code and the crime of threatening under Article 106 of the Turkish Penal Code, due to publishing private photos taken during their relationship with the victim on Facebook and also making threatening posts against the victim.

This decision demonstrates that a single action in social media cases can constitute multiple crimes. The perpetrator may violate the privacy of a private individual by sharing a private image; they may also threaten the victim with frightening words; and if they use these images to demand money or benefit, the crime of blackmail may also be brought to light.

Its Relationship with the Crime of Disseminating Personal Data

In cases involving threats, blackmail, and violations of privacy on social media, Article 136 of the Turkish Penal Code (TCK) is frequently invoked. According to TCK Article 136, a person who unlawfully discloses, disseminates, or obtains personal data of another person shall be punished with imprisonment for two to four years.

For example, if a victim's phone number, address, identity information, photograph, workplace information, family information, health information, or private correspondence has been unlawfully shared on social media, an assessment can be made under Article 136 of the Turkish Penal Code (TCK). However, in each case, the distinction between Article 134 and Article 136 of the TCK must be carefully established. While the disclosure of images and sounds relating to the private sphere of life is mostly evaluated under Article 134 of the TCK, the unlawful disclosure or dissemination of personal data may be considered separately under Article 136 of the TCK.

It is important to consider these crimes together. Because sometimes the perpetrator may target the victim by sharing not only their private image but also their name, surname, phone number, social media account, address, or workplace information. In such cases, the complaint should not be limited to a single crime but should describe all actions chronologically.

Evidence Gathering Process

In cases of threats, blackmail, and violations of privacy on social media, gathering evidence is the most critical stage. This is because the perpetrator can delete messages, close their account, change their username, remove content, or hide links to images. Therefore, the victim must remain calm and protect the evidence from the outset.

The following materials are important as evidence: screenshots, screen recordings, date and time information of messages, username, profile URL, phone number, email address, IBAN information, payment request, links sent, URL address of shared content, information about any money or benefit requested from the victim, voice messages, call records, witness statements, and platform notifications.

The URL address is particularly important in cases of disclosure of private information. Article 9/A of Law No. 5651 stipulates that requests to block access due to the violation of privacy must include the full URL of the publication causing the violation, a description of how the violation occurred, and information proving the identity of the person involved. Requests may not be processed if these details are missing.

If digital materials need to be examined by judicial authorities, searching, copying, and seizing computers, computer programs, and files may be permissible under Article 134 of the Code of Criminal Procedure (CMK). The Constitutional Court, in its decision dated February 12, 2026 (Case No. E.2023/128, K.2026/36), annulled certain parts of Article 134 of the CMK, and the annulment provision was to enter into force nine months after its publication in the Official Gazette. Therefore, the procedure for obtaining digital evidence should be carefully monitored in light of current criminal procedure practices.

What should the victim do?

Victims of threats, blackmail, or violations of privacy on social media should prioritize preserving evidence. Continuing to argue with the perpetrator, losing evidence while trying to delete images, or attempting to end the process by sending money can often worsen the victim's situation.

The victim should file a complaint with the Public Prosecutor's Office after recording the messages, account information, URLs, and payment requests. The complaint should describe the events in chronological order; clearly stating what the perpetrator wanted, what threats were used, what content was in their possession, whether they shared the content, and the material or moral damage suffered by the victim.

In blackmail cases, if the perpetrator demands money, the IBAN, cryptocurrency wallet address, payment link, or other payment methods must be presented as evidence. If private images have been shared, the account and URL address from which the sharing was made must be specified; if the content is online, the possibility of blocking access due to the right to privacy under Article 9/A of Law No. 5651 should also be considered. Article 9/A of Law No. 5651 stipulates that internet service providers must comply with the request for a precautionary measure immediately and within four hours at the latest, and the person making the request must submit the application to the decision of the magistrate within twenty-four hours.

What should be included in a complaint letter?

In these types of crimes, the complaint should not be prepared with general and abstract statements. Simply saying "He threatened me," "He blackmailed me," or "He violated my privacy" is not sufficient. The complaint must include all digital evidence of the incident.

The petition must include the following: the victim's personal information, the perpetrator's personal information if known, their social media account and digital traces if unknown, the full text of the threatening or blackmailing messages, including date and time, the amount of money or benefit requested, any private content shared or threatened to be shared, URLs if available, witnesses, screenshots, bank or crypto payment records, platform notifications, and investigations requested from the prosecutor's office.

The prosecutor's office should be requested to: send official notices to social media platforms requesting IP and log records; investigate line and subscription information from GSM operators; request IP allocation records from internet service providers; block payment accounts; examine bank records; conduct digital examinations of the suspect's devices; and obtain a forensic IT report if necessary.

Content Removal and Access Blocking

When private images, audio recordings, or confidential correspondence are published on social media, another course of action as urgent as a criminal investigation for the victim is the removal of the content and the blocking of access to it. This is because the longer the content remains online, the more damage it causes to the victim's privacy, and the images can be duplicated and reposted through different accounts.

Article 9/A of Law No. 5651 allows for direct application to the Authority in cases of violations of the right to privacy. The application must include the full URL that caused the violation, the aspects of the violation, and documents proving identity. The Authority notifies the Association of Internet Service Providers of the application, and the service providers implement the measure within four hours at the latest; the application must be submitted to a magistrate within twenty-four hours for a decision.

URL-based documentation is crucial to avoid errors in this process. Simply writing the account name or saying "shared on Instagram" may not be sufficient. It's essential to specify which post, video, image, story, link, and on what date it was published.

Right to Non-Pecuniary Damages

Threats, blackmail, and violations of privacy on social media have consequences not only under criminal law but also under private law. The victim's personal rights, reputation, private life, family relationships, professional life, and psychological well-being may be harmed. In such cases, a lawsuit for moral damages may arise.

In a claim for moral damages, the court considers the severity of the violation, the extent to which the content was disseminated, the perpetrator's intent, the degree of privacy of the content, the victim's social and professional status, how long the content remained online, whether the perpetrator removed the content, and its impact on the victim.

The disclosure of private images, especially when sent to the victim's family, workplace, or publicly shared on social media, strongly raises claims for moral damages. A conviction in a criminal case can also constitute significant evidence in favor of the victim in a civil lawsuit.

Defense from the Perspective of the Suspect or Defendant

In cases like these, the defense must be carefully prepared, both technically and legally. First, it must be investigated whether the account sending the messages actually belongs to the defendant. Possibilities such as a fake account, account hijacking, shared device usage, IP address originating from a shared network, message manipulation, and screenshots being cut or taken out of context should all be examined.

In blackmail cases, the perpetrator's intention to gain an unfair advantage, their will to force the victim into unlawful conduct, and the nature of the threat used are important. In threat cases, it is assessed whether the words are objectively frightening, the nature of the relationship between the parties, whether the words were spoken in a moment of anger, and whether they are capable of creating serious fear in the victim.

In cases of violating the privacy of private life, it must be examined whether the content truly pertains to private life, whether consent was obtained, who shared the content, whether the sharing was unlawful, whether the image was previously made public, and whether the evidence was obtained lawfully.

Conclusion

Threats, blackmail, and violations of privacy on social media are among the most serious violations of personal rights in the digital age. These crimes can directly affect not only the victim's peace of mind but also their private life, reputation, family relationships, professional life, and psychological well-being. In particular, blackmail involving private images, messages, or personal information constitutes serious violations of criminal law that put the victim under pressure.

Article 106 of the Turkish Penal Code (TCK) regulates the crime of threat, Article 107 regulates the crime of blackmail, and Article 134 regulates the crime of violating the privacy of private life. Messages sent via social media, shared images, disclosed correspondence, and pressure exerted can be evaluated separately or together under these articles. In addition, Article 136 of the TCK may also come into play in cases of unlawful dissemination of personal data.

In such cases, the victim's first action should be to preserve all evidence. Screenshots, URLs, usernames, dates and times, payment requests, phone numbers, IBAN information, and all digital traces should be preserved; then, a detailed criminal complaint should be filed with the Public Prosecutor's Office. If the content is still online, access to it should be blocked and the content removed under Article 9/A of Law No. 5651 concerning the right to privacy.

In conclusion, cases involving threats, blackmail, and violations of privacy on social media should not be viewed as simple online disputes. These cases must be addressed considering criminal law, cyber law, data protection, digital evidence, content removal, and compensation for non-pecuniary damages. Proper management of the process is crucial for identifying the perpetrator, preventing the spread of the content, and compensating the victim for their material and non-pecuniary losses.