In today’s digital age, social media platforms have become a global village, bringing together billions of people. Instagram, at the forefront of these platforms, offers a visually focused experience that spans a wide range of uses, from personal sharing and e-commerce to communication and entertainment. However, this unparalleled reach and interaction potential has unfortunately created a new hunting ground for malicious individuals and groups. Fraud, in particular, has rapidly increased with Instagram’s popularity, causing victims to suffer both material and moral harm. As we move towards 2025, the importance of legal and technological adaptation in combating cybercrime becomes even more evident. This article will examine in detail the types of fraud committed through Instagram, their provisions under Turkish law, the steps victims should take, and protection measures.
The Rise and Types of Instagram Scams
Instagram’s large user base and visual-focused nature provide a tempting environment for scammers. Scam methods, including fake accounts, misleading ads, and social engineering tactics, are constantly evolving, leaving victims facing increasingly complex scenarios.
Common Scam Methods
* Selling Fake Products and Services: This is one of the most common methods. Upfront payments are taken by promising brand-name products, rare items, or special services at attractive prices, but the product or service is never delivered. Seller accounts are typically newly established, have fake followers, or low engagement rates.
* Phishing and Account Hijacking: Scammers try to steal your username and password by sending fake emails or direct messages purporting to be from Instagram. Once the account is compromised, scam messages are sent to the victim’s friends and followers, or the account is held hostage for ransom.
* Investment Scams: Fake investment opportunities are presented promising high and rapid returns. Individuals claiming to be experts in cryptocurrency, forex, or stock markets persuade victims to invest large sums of money. While small initial “profits” may be shown, the entire investment eventually evaporates.
* Sweepstakes and Giveaway Scams: Fake sweepstakes are held promising large prizes (phone calls, vacations, money, etc.). Participation typically involves a small fee, shipping costs, or the sharing of personal information. The prize is never awarded, and any funds or information collected is misused.
* Romance Scams: Scammers gain victims’ trust by establishing an emotional connection and then demand money under various pretexts (illness, emergency, travel expenses, etc.). These types of scams can cause profound psychological and financial devastation for victims.
* Impersonation and Identity Theft: Requesting money or information by impersonating a well-known individual, institution, or relative of the victim. This method aims to manipulate victims by building trust.
Legal Basis Against Instagram Fraud in Turkish Law
Fraud crimes committed through Instagram are considered within the scope of the Turkish Penal Code (TCK) and other relevant legislation. The nature and manner of these crimes determine the legal provisions that apply.
Crimes under the Turkish Penal Code (TCK)
Instagram fraud cases generally constitute crimes under various articles of the Turkish Penal Code:
* Fraud (TCK Article 157): Deceiving someone through fraudulent behavior and thus gaining a benefit for oneself or another person at the expense of that person or another person.
* Aggravated Fraud (TCK Article 158): Committing fraud in certain qualified cases carries more severe penalties. One of the most common aggravated cases of Instagram fraud is committing fraud “by using information systems, banks, or credit institutions as a tool” (TCK Article 158/1-f). This article covers fraud committed via the internet and social media platforms.
* Entering an Information System (TCK Article 243): Unlawfully entering and remaining in an information system. This article applies in cases of account takeover.
* Unlawful Seizure or Dissemination of Data (TCK Articles 243/2, 244): Unlawful seizure, alteration, or destruction of data in an information system. Applies to the theft or use of personal data.
* Forgery of Official Documents (TCK Article 204) and Forgery of Private Documents (TCK Article 207): These crimes may also occur if a forged document is prepared or used during fraud.
* Threats (TCK Article 106) and Blackmail (TCK Article 107): These articles apply in cases where the victim is threatened or blackmailed with the captured personal data or images.
Other Relevant Legislation
* Personal Data Protection Law (KVKK): If the victim’s personal data is illegally obtained, processed or disseminated by fraudsters, violations of the KVKK may also occur.
* Law on the Regulation of Electronic Commerce: Legal liabilities may arise under this law, especially in cases related to the sale of counterfeit products or misleading advertising.
Legal Steps to be Followed in Case of Victimization and Complaint Process
It is critical that a person who has been subjected to Instagram fraud takes the right steps without wasting time, in order to gather evidence and initiate legal proceedings.
The Importance of Gathering Evidence
One of the most crucial steps in the legal process is gathering solid evidence to prove fraud. Victims are required to maintain complete information regarding:
* Screenshots: Screenshots of all correspondence with the scammer (Instagram DM, WhatsApp, other messaging applications), the scammer’s profile, posts, and fake product/service advertisements.
* Transaction Records: Money transfer, wire transfer, EFT receipts, bank transaction statements, cryptocurrency transfer information.
* Contact Information: Phone numbers, email addresses, and other social media accounts used by the scammer.
* Website Links: If the scam occurred through a fake website, the URL of that website.
This evidence will play a key role in the prosecutor’s investigation and the court proceedings. Its complete and proper collection directly impacts the course of the case.
Complaint and Investigation Stage
After collecting evidence, the first legal action the victim must take is to file a complaint with the Chief Public Prosecutor’s Office. This can be done directly with a petition, or through law enforcement (such as the Cybercrime Department) or the gendarmerie.
* Complaint to the Prosecutor’s Office: The complaint is submitted to the relevant Chief Public Prosecutor’s Office along with the prepared complaint petition and the evidence in its attachment.
* Police/Gendarmerie Application: A criminal complaint can be made by going to the nearby police station or by directly contacting the cybercrime prevention units.
* CİMER (Presidential Communication Center): Complaints can also be submitted through CİMER, but applying directly to the prosecutor’s office or the police may yield faster results.
* BTK (Information and Communication Technologies Authority): In particular, in cases related to internet domain names or service providers, notification can also be made to BTK.
Following a complaint, the prosecutor’s office launches an investigation. This phase involves examining evidence, identifying suspects, and examining bank records, IP addresses, and other digital data. If sufficient evidence is found, the public prosecutor will issue an indictment and file a lawsuit.
Trial Process and Expectations in Cybercrime Cases
With the acceptance of the indictment, the criminal case begins and the trial process continues in the relevant criminal court.
Criminal Proceedings and Legal Representation
Instagram fraud cases are typically heard in Criminal Courts of First Instance or, in more serious cases, in High Criminal Courts. The victim appears in these cases as a “complainant” or “participant” and has the right to attend the hearings, present evidence, and present a defense.
Obtaining legal support is crucial during this complex process. An experienced legal professional will best defend the victim’s rights, ensure the accurate presentation of evidence, closely monitor the trial process, and ensure compliance with legal procedures. Cybercrime cases require specialized expertise due to the analysis of digital evidence, understanding of technical terminology, and constantly evolving criminal methods.
Rights to Material and Moral Compensation
In addition to criminal proceedings, victims also have the right to file a civil lawsuit for compensation for the material and moral damages they have suffered. A conviction in a criminal case constitutes strong evidence for a civil lawsuit. This lawsuit aims to recover the defrauded funds and compensate for the moral damages incurred as a result of the victimization.
How to Protect Yourself Against Instagram Scams and Preventive Measures
Individual precautions that can be taken to avoid becoming a victim of fraud are of great importance.
Individual Security Measures
* Be Skeptical: Always be skeptical of offers that seem too good to be true, excessive discounts, or get-rich-quick promises.
* Profile Verification: Carefully examine the profile’s authenticity, number of followers, interactions and shares before trusting messages from accounts you do not know or trust.
* Safe Payment Methods: Especially when shopping on Instagram, choose secure payment platforms that offer buyer protection instead of difficult-to-reverse methods like bank transfers.
* Two-Factor Authentication (2FA): Increase the security of your Instagram account by enabling two-factor authentication for your account.
* Link Checking: Carefully check the URL before clicking on any links. Especially avoid links that request your personal information or password.
* Sharing Personal Information: Avoid sharing excessive personal information on social media. Scammers can use this information to gain your trust or commit identity theft.
Instagram fraud remains a painful reality in the digital world. With such cybercrimes projected to continue to increase in 2025 and beyond, it’s crucial for individuals to be aware and for legal processes to function effectively. For victims of fraud, seeking prompt legal assistance from a qualified legal professional is essential for a smooth and effective process to protect their legal rights and achieve justice. Leveraging legal knowledge and experience to ensure your digital security and protect your rights will be your strongest defense against these complex cyber threats.