What is academic plagiarism and how is it legally punished in Türkiye?

1. Introduction

In the academic world, scientific integrity is one of the fundamental principles that protects the reliability and productivity of knowledge. Unfortunately, in some cases, researchers or students commit the crime of academic plagiarism by using the ideas, data, or statements of others without citing the source. Academic plagiarism is not only an ethical issue but also an act subject to legal and administrative sanctions within the Turkish legal system. This article will examine in detail the definition, types, legal aspects, criminal and administrative sanctions, and application in Türkiye through case studies of academic plagiarism.

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2. Definition of Academic Plagiarism

Academic plagiarism, in its most general sense, is when a person presents the ideas, data, statements, or works of another as their own without citing the source. In Turkish law, the concept of plagiarism is directly addressed within the scope of the Law on Intellectual and Artistic Works (FSEK). According to FSEK Article 71, a person who quotes, reproduces, or publishes a work, in whole or in part, as if it were their own without the permission of the owner, has committed copyright infringement.

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3. Types of Academic Plagiarism

Academic plagiarism is not a single, uniform offense. Common types include:

1. Direct Copying (Word-for-word plagiarism)
   is the act of copying sentences or paragraphs from a source exactly as they are, without even using quotation marks.

2. Paraphrasing without citing the source:
   Expressing information from a source in one's own words without providing a source.

3. Partial plagiarism
   is the unauthorized use of only specific parts of a work.

4. Self-plagiarism
   is when a person reuses their own previous work without attributing it.

5. Fabrication/Distortion of Data or Findings:
   Altering research results or presenting fictitious data.

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4. Legal Framework

In Türkiye, academic plagiarism is related to three main legal regulations:

• The Law on Intellectual and Artistic Works (FSEK)
  protects the moral and financial rights of the author. Plagiarism means infringing on the author's rights to public presentation, to have their name credited, and to remain unchanged in the work.

• According to the Higher Education Law (Law No. 2547)
  , plagiarism is defined as a disciplinary offense for academic staff and students.

• According to the Turkish Penal Code (TCK)
  , certain acts of plagiarism can also be linked to crimes such as "obtaining unfair advantage" or "forgery of documents."

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5. Legal and Administrative Sanctions

5.1. Sanctions under the Law on Intellectual and Artistic Works

According to Article 71 of the Law on Intellectual and Artistic Works, a person who commits plagiarism:

• imprisonment from 1 to 5 years or

• They may be punished with a fine.

The rights holder can also file a lawsuit for material and moral damages.

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5.2. Disciplinary Penalties in Higher Education Institutions

According to the Higher Education Institutions Student Disciplinary Regulations, plagiarism is:

• Condemnation

• Removal

• This can lead to expulsion from school.

For academics, according to the University Disciplinary Regulations:

• Suspension of career advancement

• Severe sanctions, such as dismissal from public service, are in place
  

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5.3. Within the Scope of the Turkish Penal Code

Although plagiarism is not directly regulated in the Turkish Penal Code, it can occur in some cases:

• Turkish Penal Code Article 158 (Aggravated Fraud)

• This is punishable under Article 204 of the Turkish Penal Code (Forgery of official documents)
  

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6. Case Study

Case:
A.Ü. translated long paragraphs from a foreign article in his doctoral thesis and presented them as his own work without citing the source. The thesis committee detected a 45% match using a similarity check program.

Result:
The university's ethics committee deemed A.Ü.'s thesis invalid, revoked his diploma, and banned him from academic appointments and projects for three years. Furthermore, the foreign academic who authored the work filed a lawsuit in Turkey under the Law on Intellectual and Artistic Works, demanding compensation.

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7. Methods for Detecting Academic Plagiarism

• Similarity Detection Programs (Turnitin, iThenticate, etc.)

• Referee and jury reviews

• Reader reports

• Publication comparisons

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8. Prevention Strategies

1. Ethics Education: Academic integrity courses in universities.

2. Resource Management: Teaching proper citation methods.

3. Digital Scanning: Obtaining a pre-publication similarity report.

4. Open Data Policy: Transparent sharing of data.

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9. Conclusion

Academic plagiarism is a serious violation that damages both individual reputation and the credibility of academic institutions. In Türkiye, the act of plagiarism is not only an ethical offense but also carries legal and criminal penalties. For the sustainability of academic output, it is essential that students, academics, and institutions act consciously in this regard.

Gamze Akbulut, Law Faculty Student