Insult and Slander Crimes on Social Media: 2025 Current Supreme Court Decisions

In today’s digital age, social media platforms have become an integral part of our lives. These platforms, where billions of people communicate, share information, and express their opinions, can unfortunately sometimes pave the way for unlawful acts such as defamation and slander. Negative content spread with a single keyboard stroke or click can seriously damage an individual’s reputation, honor, and prestige. This necessitates a thorough understanding of the legal aspects of defamation and slander committed on social media and the current approaches of the Supreme Court of Appeals in this area.

Our legal system includes important regulations to protect victims against such violations on digital platforms. However, the rapid advancement of technology and the evolution of social media usage habits necessitate constant updating of legal interpretation and practice. The Court of Cassation’s precedents in this area, in particular, provide guidance on how the legal process should proceed, how evidence should be evaluated, and how the elements of a crime should be interpreted. In this article, we will examine in detail the legal framework for insult and slander committed on social media, the elements of the crime, and the legal processes undertaken in light of recent Court of Cassation decisions that will shed light on the future of 2025.

The Crime of Insult on Social Media and Its Elements

The crime of insult, regulated under Article 125 of the Turkish Penal Code (TCK), encompasses actions that constitute an attack on a person’s honor, dignity, or reputation. Committing this crime on social media platforms differs from traditional insult crimes due to its unique dynamics.

Definition and Legal Basis of the Crime of Insult

The crime of insult is committing an act that harms the honor, dignity, or reputation of another person by attributing a specific act or fact or by insulting them. This crime can be committed through social media posts, comments, direct messages, or live broadcasts. The lawmaker has enacted provisions that increase the penalty when considering this crime in conjunction with the element of publicity, as due to the nature of social media, most posts are public.

Characteristics of Insult in Social Media

Because social media allows content to spread rapidly and reach a wide audience, the impact of defamation committed there can be even more devastating. Liking, retweeting, or sharing a post multiplies the impact of the insult. Furthermore, the permanence of digital records can force victims to confront these negative contents for extended periods. This deepens the impact of the crime on the victim and heightens the importance of legal action.

Forms of Insult

Insult can be committed not only through verbal expressions, but also through written texts, visual materials (photos, videos, cartoons), or specific gestures and facial expressions. This diversity is even greater on social media; a derogatory comment on an image, sarcastic remarks targeting the victim in a video, or even the use of an emoji can be considered insulting. The crucial point is that the action violates the victim’s honor, dignity, and reputation.

Condition of Victim Identifiability

For the crime of insult to occur, the act or words attributed must be directed at a specific person and that person must be identifiable. Using nicknames or anonymous accounts on social media can create difficulties in identifying the perpetrator. However, Supreme Court decisions recognize that even if a nickname is used, a crime can be committed if the victim’s identity can be determined from the content of the posts or other links. This is where digital forensics methods such as IP identification come into play.

The Crime of Slander on Social Media and Its Elements

The crime of slander, which can often be confused with the crime of insult, is regulated under Article 267 of the Turkish Penal Code and carries more serious legal consequences. Slander is committed by imputing an unlawful act against someone, with the aim of initiating an investigation or prosecution, or imposing an administrative sanction.

Definition and Legal Basis of the Crime of Defamation

Defamation is the deliberate act of portraying someone as having committed a crime they haven’t committed, or implicating them in an unlawful act, with the aim of prompting legal action against them by the authorities. Defamation occurs when a user on social media makes false and incriminating allegations about another user, with the aim of having these allegations reach the relevant authorities and prompting legal action against the victim.

The Main Differences Between Insult and Slander

The fundamental difference between insult and slander lies in the nature of the act attributed and the perpetrator’s intent. In insult, the aim is to damage a person’s honor and dignity; whether the act attributed is true or false is not always decisive. In slander, the act attributed must be false, and the perpetrator must have a specific purpose (intent) to trigger legal action against the victim through this false accusation. For example, while saying “You are a thief!” may constitute an insult, saying “Person X embezzled money from Company Y and should be filed against him” constitutes slander if the allegation is false and serves the purpose of an investigation.

The Spread of Slander on Social Media

Social media provides a fertile ground for the rapid spread of fake news and manipulative content. This can lead to the crime of defamation becoming more complex and dangerous in the digital environment. Fake video and audio recordings, especially those created using advanced technology like “deepfakes,” have the potential to impute falsehoods to individuals, presenting new and challenging dimensions to the crime of defamation.

Current Approaches in Light of Supreme Court Decisions (2025 Perspective)

In its rulings on insults and slander committed on social media, the Supreme Court of Appeals observes the delicate balance between freedom of expression and individual personal rights. As we enter 2025, the Supreme Court’s stance on this matter is becoming clearer, particularly in areas such as the evaluation of digital evidence and the identification of anonymous perpetrators.

Freedom of Expression and the Limits of Insult/Slander

The Court of Cassation, in line with rulings by the European Court of Human Rights (ECtHR) and the Constitutional Court, emphasizes that freedom of expression is not absolute and must be exercised within the limits of respect for the rights and freedoms of others. The line between the right to criticism and insult is carefully drawn in the Court of Cassation’s jurisprudence. If a criticism is harsh, hurtful, or degrading, it is considered to exceed the limits of freedom of expression. While it is accepted that the limits of criticism are broader, especially for politicians and public figures, this does not legitimize acts of insult and slander that damage personal honor and dignity.

Collecting Evidence and the Burden of Proof on Social Media

The process of gathering evidence is crucial in crimes committed on social media. Screenshots, links, IP addresses, and other digital data are critical to proving a crime. The Supreme Court of Appeals has stated that screenshots alone may not be sufficient, but they can be valid evidence when supported by other evidence or notarized. Collecting evidence in a complete and lawful manner will strengthen the victim’s case in the prosecution process. In this context, preserving the integrity and reliability of digital evidence is crucial for the smooth progress of the trial.

Identifying the Perpetrator in Crimes Committed Through Anonymous Accounts

Identifying the perpetrator of defamation and slander committed through anonymous accounts or nicknames is a complex process. In such cases, the Supreme Court of Appeals supports prosecutors’ decisions to request IP addresses and user information from relevant social media platforms or internet service providers. However, this process can be time-consuming and challenging due to differing legal regulations across international platforms. Expert legal support is crucial for effective management of the process at this stage.

The Conditions of “Publicity” and “Victim Identifiability” Necessary for the Composition of a Crime

The “public” nature of social media posts constitutes a qualified form of insult, increasing the penalty. While the Court of Cassation considers public posts to be public, it evaluates each specific case on its own merits to determine whether content shared with closed groups or only certain individuals qualifies as public. Regarding the identifiability of the victim, it rules that a crime is committed if the victim’s identity can be identified from the content of the posts or the accompanying images, even if their name is not directly mentioned.

Penalties and Legal Consequences for Insult and Slander Crimes

Article 125 of the Turkish Penal Code (TCK) stipulates a prison sentence of three months to two years or a judicial fine for insult, but the penalty is increased if committed publicly. Article 267 of the TCK slander, however, slander carries a prison sentence of one to four years. In addition to these criminal cases, victims also have the right to file a lawsuit for non-pecuniary damages under the Turkish Code of Obligations for violations of their personal rights. In these cases, the amount of compensation is determined by taking into account the extent of the non-pecuniary damages suffered and the nature of the attack.

Provisions on Repentance and Effective Repentance

While the Turkish Penal Code includes provisions for effective remorse for some crimes, these provisions are not directly applicable to the crimes of insult and slander. However, the offender’s demonstration of remorse, apology, or efforts to repair the damage during the trial may be considered grounds for discretionary sentence reductions. Given the dynamics of social media, while completely repairing the damage is often impossible, steps such as removing negative content can have a positive impact.

Legal Process and Victims’ Rights

The legal process a person who has been insulted or slandered on social media should follow is crucial for protecting their rights. Taking the right steps is crucial for redressing the grievance and punishing those responsible.

Complaint and Investigation Stage

Defamation is a crime subject to a complaint. The victim must file a complaint with the prosecutor’s office or law enforcement (police, gendarmerie) within six months of learning of the act and the perpetrator. Defamation, however, is not subject to a complaint; the prosecutor’s office may launch an investigation on its own initiative, but a complaint from the victim will expedite the investigation. It is important to fully present the details of the offending posts, their dates, screenshots, and any other evidence in the complaint. The prosecutor’s office will initiate an investigation, either based on a complaint or on its own initiative, to gather evidence, take statements, and identify the perpetrator.

Criminal Case and Compensation Case

If the investigation yields sufficient suspicion, the prosecutor’s office will issue an indictment against the perpetrator and file a criminal case. During this process, the victim can participate as a “participant,” monitor the proceedings, and make statements. In addition to the criminal case, the victim can also file a civil court lawsuit against the perpetrator for compensation for the moral damages suffered. While these two cases are independent, finding the perpetrator guilty in a criminal case constitutes strong evidence for a compensation claim.

Protective Measures

To prevent further victimization, a court or prosecutor’s office may request that access to the relevant content be blocked or that it be removed. Law No. 5651 on Regulating Publications on the Internet and Combating Crimes Committed Through Such Publications allows for the implementation of such protective measures. These measures are critical, particularly for halting the rapid spread of defamatory or slanderous content and preventing further harm to the victim.

While social media platforms offer a broad scope for freedom of expression, when this freedom violates the rights and dignity of others, it creates legal liability. Insult and slander committed digitally are serious acts with both criminal and legal consequences. Recent Supreme Court decisions protect the rights of victims by filling legal gaps in this area and ensuring uniformity of practice. In these complex processes, seeking support from an expert legal firm is crucial to prevent loss of rights and ensure justice is served. It should not be forgotten that the rule of law also applies in the digital world, and the dignity and honor of every individual deserves protection.