The internet makes social media insult acts both visible and lasting; a post reaches a very wide audience within minutes and, even if deleted, may keep circulating through screenshots. For this reason the victim has two separate, complementary routes, and in most files both are pursued together: a criminal complaint to punish the perpetrator, and removal of the content and blocking of access to stop the harm at once. Because the periods and authorities of the two routes differ, it is important to plan them together.
The insult offence and the complaint period #
A verbal or written attack on a person's honour, dignity and reputation is governed as the insult offence by Article 125 of the Turkish Criminal Code. Abusive words not involving the imputation of a concrete act or fact also fall within this scope. The act being committed over the internet and publicly, that is in a form everyone can see, is a ground that increases the penalty. Insult is an offence subject to complaint: the victim must make a complaint within six months of the date they learn of the perpetrator and the act, and in any event no later than two years after the act. If this period is missed, a criminal investigation can no longer be carried out. If the perpetrator is unknown, on the complaint the prosecutor investigates to whom the account belongs.
Removal of the content and access blocking #
For many years a post containing insult was taken down by applying to the criminal judgeship of peace under Article 9 of Law No. 5651. The Constitutional Court annulled that article; the annulment took effect on 10 October 2024 and no replacement provision has been enacted. Today the route for removing content or blocking access depends on the type of infringement:
- Infringement of personality rights (insult, defamation, damage to reputation): an action is brought in the civil court of first instance under Articles 24–25 of the Turkish Civil Code, and removal of the content or blocking of access is sought as an interim injunction. The action may also be brought in the court of the claimant’s own place of residence. If the injunction is obtained before the action is filed, the main action must be brought within two weeks of the request for its enforcement (Code of Civil Procedure, Art. 397).
- Privacy of private life (private photos, videos, messages): an application is made to the Cybersecurity Directorate under Article 9/A of Law No. 5651, which remains in force. Access is blocked within four hours at the latest; the request is submitted to the criminal judge of peace within twenty-four hours and the judge decides within forty-eight hours.
- Applying directly to the platform: social network providers with more than one million daily accesses from Turkey must answer applications concerning such content within forty-eight hours.
Evidence preservation: is a screenshot enough? #
Because internet content can be deleted with one click, securing the evidence before it is lost is critically important. A screenshot taken only with a phone may fall short against later defences of "the content is not mine" or "it was tampered with". For this reason the following steps are recommended:
- Having the content established through a notary or by an expert.
- Recording in full the link (URL), the date, the time, the account name and the real name if any.
- Documenting the post together with its engagement figures (likes, comments, shares).
- Where possible, fixing the content through independent archiving services.
This care ensures that the evidence survives both in the criminal file and in the compensation action.
Moral compensation and the personal-data dimension #
Insult is at the same time a violation of personal rights; the victim may therefore, separately from the criminal complaint, also bring an action for moral compensation. The speed of the insult's spread, the audience reached and the perpetrator's persistence are taken into account in determining the amount. If information about the person's private life or their personal data has been unlawfully disclosed in the post, a complaint under the Personal Data Protection Law may also come into play. You may consult our IT law and data protection page for such disputes.
The line between insult and criticism #
Not every harsh word is an offence. In the judgments of the Constitutional Court and the Court of Cassation the balance between freedom of expression and the right to honour is struck on these criteria:
- Fact and value judgment: “This person embezzled that money” is an allegation of fact and can be proved; “an unsuccessful manager” is a value judgment. Proof of value judgments cannot be demanded, but they are expected to rest on some factual basis.
- Contribution to public debate: Politicians and public officials must show a wider tolerance towards criticism relating to their duties. The level of protection for private individuals is higher.
- Context and tone: A harsh, even disturbing tone does not in itself constitute an offence; words aimed at devaluing the identity of the person targeted, with no connection to the debate, count as insult.
- Reciprocity: Where insults are mutual the judge may reduce the sentence or decide not to impose one (Penal Code art. 129/3). A reduction may also apply to words said in reaction to a wrongful act.
Curses, coarse words and discourtesy are in practice often not regarded as insult. By contrast, in posts containing an allegation of a concrete act, no penalty is imposed if the truth of the allegation can be proved (Penal Code art. 127).
Which route against which account? The platform, the perpetrator and liability #
Removing the content and punishing the perpetrator are separate routes and are pursued separately.
| Purpose | Where | Time limit / feature |
|---|---|---|
| Removal of content, blocking of access | First a notification to the platform; if no result, an injunction from the court | The platform answers a duly made application within forty-eight hours |
| Punishment of the perpetrator | Complaint to the public prosecutor’s office | Six months from learning of the perpetrator and the act |
| Non-pecuniary damages | Civil court of first instance | Tort limitation: two and ten years |
| The personal data dimension | Application to the data controller, then the Personal Data Protection Board | The data controller answers within thirty days |
Social network providers are obliged to keep a representative in Türkiye and to answer applications; administrative sanctions are applied to providers that do not comply. Recording the date and content of the application made to the platform is therefore the most practical document to submit to the court at the next step.
The right to be forgotten: removal from search results #
Removing the content is not always enough; even if the post is deleted it may continue to be listed together with the name in search engines. In that case, under the right to be forgotten, it may be requested that the name no longer be associated with the search results.
The request is made first to the search engine; if it is refused or unanswered, the route of complaint to the Personal Data Protection Board is open. In the decisions of the Board and the Constitutional Court the following criteria stand out in the assessment: that the content has lost its currency, whether the person holds a public role, the effect of the content on the person’s private life and the public interest in obtaining information.
In news about a criminal investigation, outcomes such as a decision not to prosecute or an acquittal are decisive in this assessment. We explain the sequential route to follow in personal data breaches in detail in our article on the data protection application.
First steps on encountering insult #
When you notice you are being targeted online, the first steps you take form the basis of both the criminal and the compensation process:
Step-by-step actions #
- Document before deleting: Before replying to or blocking the content, record the link, the date and the account; if possible obtain a notary's finding.
- Do not get drawn into an argument: Harsh words written in reply may create a basis for a claim that you too insulted.
- Do not forget the period: Since the six-month period for complaint runs, do not delay the application.
- Use both routes together: Both seek removal of the content (an interim injunction from the civil court or the relevant application) and make a criminal complaint.
If it was posted from an anonymous account #
Steps taken early and correctly prevent the content from spreading further and make it easier to identify the perpetrator. Even if the content was posted from an anonymous account, on the prosecutor's request it can be investigated to whom the account belongs. Getting support from a lawyer in this process ensures both that the applications are made to the right authority and in time and that the evidence is gathered in a valid form, preventing a loss of rights.
This content is for general information only; it does not replace legal advice on a specific matter. Periods and conditions may change according to the legislation in force.
