Threats via WhatsApp, Email, and Social Media / Istanbul Criminal Lawyer

I. INTRODUCTION

In the digital age, the way individuals interact with each other has fundamentally changed. Classic crimes such as threats, insults, and blackmail can now be committed through digital platforms , thus pushing the boundaries of criminal law. Threats made via WhatsApp messages , email correspondence , and social media posts , in particular , create various difficulties in both ascertaining the factual truth and legally classifying them.

This article will examine in detail how digital threats are evaluated from a criminal law perspective, under what circumstances a crime is committed, the evidentiary value , difficulties in proving the threat, expert examinations , and Supreme Court precedents , within the context of the crime of threat regulated under Article 106 of the Turkish Penal Code No. 5237.

II. THE CRIME OF THREAT UNDER ARTICLE 106 OF THE TURKISH PENAL CODE

A. Definition of the Crime of Threat

According to Article 106/1 of the Turkish Penal Code:

"A person who threatens another by intimidating them into committing an injustice or by informing them of a wrongdoing they will commit shall be sentenced to imprisonment for a period of 6 months to 2 years."

if the threatened act targets the life, bodily integrity, or sexual inviolability .

B. Elements of the Crime of Threat

Perpetrator and victim: Anyone can be a perpetrator.
Intent to cause wrongful harm: The perpetrator must have the intention of intimidating the victim.
Promise of future harm: The threat must be specific and capable of affecting the victim.
The effect of creating fear in the victim: It must be objectively capable of creating fear in the victim.

III. FORMS OF THREATS THROUGH DIGITAL METHODS

A. Threats via WhatsApp

It is the most common form of digital threat.
It usually happens through one-on-one messaging.
This can be in the form of an image, an audio message, or written text.

📌 Example: The message "If you don't do what I say, those photos will be published" constitutes a threat under Article 106 of the Turkish Penal Code.

B. Threats via Email

This is done on more corporate platforms or by hiding the name.
In some cases, IP address masking techniques are used, making it difficult to identify the perpetrator.

C. Threats via Social Media

This is done in areas such as X (formerly Twitter), Instagram, Facebook, and YouTube comments.
This can be done with a real identity or with a fake account.
The fact that the threat was made public may be considered an aggravating factor.

IV. EVIDENCE AND PROOF PROBLEMS IN DIGITAL THREATS

A. The Legal Evidential Value of Digital Data

According to the Code of Criminal Procedure (CMK), digital data can be considered evidence, however:

The method of obtaining the information must be lawful (Code of Criminal Procedure, Article 217).
A screenshot alone may not be sufficient.
A forensic digital analysis is needed.

B. Evidential Value of WhatsApp Messages

Due to the end-to-end encrypted system, access from the servers is not possible.
A screenshot taken from one of the parties' phones may be accepted as evidence.
However, due to the risk of manipulation, a forensic digital investigation is necessary.

C. Email and IP Address Detection

The sender can be identified by their IP address.
The prosecutor's office may request information from the BTK (Information and Communication Technologies Authority) or the service provider.
Fake email services weaken the credibility of evidence.

D. Presenting Social Media Messages as Evidence

Sharing screenshots alone is not sufficient.
It must be supported by a notarized document or a report from a forensic IT expert.
It is important to file a complaint with the prosecutor's office before the content is removed from the platform.

V. ASSESSMENT OF DIGITAL THREATS IN SUPREME COURT DECISIONS

Supreme Court of Appeals, 4th Criminal Chamber - Case No. 2018/467

According to Article 170/2 of the Code of Criminal Procedure, in order for a public prosecution to be initiated, there must be sufficient suspicion that a crime has been committed, based on the evidence gathered during the investigation phase. The Public Prosecutor will evaluate the evidence obtained as a result of the investigation and determine whether there is sufficient suspicion to warrant initiating a public prosecution. In the concrete case; the transcripts of threatening and insulting messages sent via both SMS and WhatsApp from the suspect's phone line to the complainant's phone line are included in the file. Considering these messages, it is understood that there is sufficient suspicion to initiate a public prosecution against the suspect for the alleged crimes, and that the audio recording, which the court referred to in the indictment, does not constitute absolute evidence that would affect the proof of the crime

VI. LEGAL AND TECHNICAL RECOMMENDATIONS

A. Recommendations for Victims

A screenshot of the threatening message should be taken.
WhatsApp chats need to be exported.
Before filing a complaint with the prosecutor's office, a notarized or expert assessment should be obtained if possible.
URL links and date information should be saved for social media threats.

B. Recommendations for Lawyers and Prosecutors

In addition to screenshots, a physical examination of the device is necessary.
The suspect's phone's messaging apps should be examined by forensic computer experts.
The source IP addresses of the emails should be identified and information obtained from the service providers.

VII. COMPLAINT, PUNISHMENT AND PROCEDURE IN THE CRIME OF THREATS

A. Complaint Period

The crime of threatening, in its simplest form, is subject to complaint. However, if there are aggravating circumstances (for example, armed threat, publicity), an investigation can be initiated ex officio.

B. Criminal Sanctions

Simple threat: 6 months to 2 years imprisonment.
Threats to kill or violate sexual integrity: 2-5 years imprisonment.
If there are aggravating circumstances (such as being shot, doing it publicly, or doing it together), the penalty will be increased.

VIII. CONCLUSION

Digital threats have taken on a dimension that challenges the classical structure of criminal law. Threats carried out through platforms such as WhatsApp, email, and social media require special consideration, both in terms of the manner in which the crime is committed and the evidentiary regime.

For such threats to be considered a crime under Article 106 of the Turkish Penal Code, the perpetrator's intent, the content of the words, and the victim's perception must be evaluated as a whole. However, numerous technical obstacles are encountered in the judicial process due to factors such as evidence gathering, the susceptibility of digital content to manipulation, and the use of fake accounts.

Therefore, in digital threat crimes, both the digital literacy of practitioners should be increased and special provisions regarding digital evidence should be developed.

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