Criminal Proceedings For Insult And Threat Offenses on Social Media

Insult is an offense committed by attributing a specific act or fact to a person that is capable of degrading their honor, dignity, or reputation, or by cursing. The basic penalty for this offense, regulated under Article 125 of the Turkish Criminal Code, is imprisonment from three months to two years or a judicial fine.

Two points are particularly significant in the context of social media:

• Public nature: Where the insult is committed publicly (in a manner visible to everyone), the penalty is increased by a certain proportion. Publicly accessible posts, comments, or shares are generally deemed "public."
• Complaint requirement: The offense of insult (except where committed against a public official in relation to their duties) is subject to a complaint. The right to file a complaint must be exercised within six months from the date the act and the perpetrator are learned of; if this period is missed, the right to complain lapses.

Threat is the act of intimidating a person by stating that an attack will be carried out against their own life, bodily integrity, or sexual inviolability, or that of a relative (Turkish Criminal Code, Art. 106). In this case, the penalty is imprisonment from six months to two years. Where the threat relates to causing significant damage to property or other harm, a lighter sanction is prescribed and this form is subject to a complaint requirement.

Aggravating circumstances — such as the threat being made with a weapon, while disguised, by multiple persons, or through anonymous messages — result in increased penalties. Threats made through fake or anonymous accounts on social media may also be evaluated in the context of these aggravating circumstances.

One of the most critical stages in social media-related offenses is securing the evidence and identifying the perpetrator.

• Preservation of evidence: Taking a screenshot of the post, comment, or message is the first step; however, to guard against the possibility of the content being subsequently deleted, securing the evidence together with date and link information (for example, through a notarial certification or similar means) strengthens its evidentiary value.
• IP address identification: In order to identify the perpetrator, the public prosecutor's office requests the relevant platform or internet service provider to conduct an IP address identification. Identification may be more difficult with fake or anonymous accounts; this process can be particularly prolonged with platforms based abroad.

In İzmir, such digital evidence and perpetrator identification procedures are carried out by the Cybercrime Division of the İzmir Provincial Security Directorate, in accordance with the prosecutor's instructions.

The process typically begins with a criminal complaint or report:

1. The victim submits a petition to the Chief Public Prosecutor's Office or law enforcement, presenting available screenshots and link information.
2. The public prosecutor initiates an investigation; the perpetrator is sought to be identified through digital evidence and IP address tracing.
3. If sufficient suspicion is established, an indictment is issued and the case is brought to trial.

It should be remembered that the offense of insult is subject to a complaint requirement and that the complaint must be filed within the six-month period. Threats against life, bodily integrity, or sexual inviolability, however, are as a rule investigated ex officio.

The basic forms of insult and threat are among the offenses subject to reconciliation in criminal proceedings. This is a mandatory stage in which the parties must attempt to reach an agreement through a reconciliation officer. If reconciliation is achieved, the case may be resolved through this means; if not, the process continues with the prosecution stage. For this reason, reconciliation constitutes an important part of the process in social media-related insult and threat cases.

Cases concerning insult and threat offenses are, as a general rule, heard before the criminal courts of first instance. In İzmir, these cases are conducted at the criminal courts of first instance located in the Bayraklı campus of the İzmir Courthouse (for example, disputes arising in the Konak district are handled by the İzmir criminal courts of first instance). At the conclusion of the trial, the court may render a verdict of conviction, a judicial fine, a suspended announcement of the verdict, or a deferral of the sentence.

In İzmir, the process for a social media-related offense typically proceeds as follows: Upon the filing of a complaint or criminal report, the prosecutor's investigation begins; digital evidence and IP identification are conducted in cooperation with the Cybercrime Division; once the perpetrator is identified, an indictment is issued and the case is heard at the criminal court of first instance at the İzmir Courthouse (Bayraklı). Properly preserving the evidence from the very outset is decisive for the sound progress of the process.

• Failure to preserve evidence in a timely and secure manner against the possibility of the post being deleted
• Missing the six-month complaint deadline in insult cases
• Failure to take the necessary steps for perpetrator identification in cases involving fake/anonymous accounts
• Acting without properly assessing the implications of the reconciliation stage
• Overlooking the possibility that the opposing party may also file a complaint (such as in cases of mutual insult)

Is insult on social media a crime? Yes. Attacks on honor, dignity, and reputation constitute the offense of insult under Article 125 of the Turkish Criminal Code; the penalty is increased where the offense is committed publicly.

What is the complaint deadline for insult? A complaint must be filed within six months from the date the act and the perpetrator are learned of; if this period is missed, the right to complain lapses.

Can the perpetrator be identified from an anonymous account? The perpetrator is sought to be identified through IP address tracing and digital evidence upon the prosecutor's request; however, the process may be more difficult with fake or foreign-based accounts.

How should I preserve the evidence? In addition to taking a screenshot, securing the content together with date and link information (for example, through notarial certification) strengthens the evidentiary value.

Is reconciliation mandatory in these offenses? The basic forms of insult and threat fall within the scope of reconciliation; the reconciliation stage must be attempted.

In which court are these cases heard in İzmir? They are, as a general rule, heard at the criminal courts of first instance of the İzmir Courthouse (Bayraklı).

In insult and threat offenses committed via social media, the success of the process depends to a great extent on the proper preservation of evidence, compliance with the complaint deadline, and the identification of the perpetrator. Each stage — the criminal complaint, IP identification, reconciliation, and the trial — requires particular care. Taking the correct steps at the very outset of the process helps prevent loss of rights for both the victim and the suspect.

For legal support regarding social media-related insult, threat, and cybercrime processes, please contact Yücesoy Attorney Partnership & Law Firm.

Av. Mehmet Yücesoy

İzmir Attorney & Legal Consultancy