Karınca Avukatlık

How Are Social Media Posts Assessed in the Offence of Insult?

MAKALECeza HukukuAv. Eray Karınca8 dk okuma

TPC Art. 125 insult on social media: publicity, intent, free-speech boundary, Court of Cassation and 6-month complaint. Ankara criminal-law guide.

How Are Social Media Posts Assessed in Insult Cases?

Easy internet access made social media a fast bridge between thoughts and the world—but a comment or post can create legal risk. Insult (hakaret) is increasingly common online. When is a post an insult? Where is the line with free speech?

This article explains assessment under the Turkish Penal Code and Court of Cassation practice. In Ankara, publicity, evidence and the 6-month complaint period are critical for X, Instagram or Facebook posts.

What Is the Offence of Insult?

Insult is regulated in Art. 125 under offences against honour. Art. 125/1: attributing a concrete act or fact that can injure honour, dignity or reputation, or attacking those values by cursing, is punished with three months to two years’ imprisonment or a judicial fine.

For insult in the victim’s absence, communication with at least three persons is required. Social media’s reach easily meets that threshold.

Insult on Social Media, Publicity and Intent

Art. 125/2 applies the same penalties to insult by voice, writing or image—including social posts. Degrading comments or messages may meet the elements.

Private messages have limited reach; public posts on X, Instagram or Facebook may establish publicity (aleniyet), an aggravating factor. The 8th Criminal Chamber (02.10.2017, 2017/8539 E., 2017/10706 K.) upheld Twitter insult visible to all and required increase under Art. 125/4.

If the aim is to demean or damage reputation, intent is present. Courts examine content and context; sarcastic tone or quoted pejoratives may suffice.

The Boundary Between Free Speech and Insult

The Constitution and ECHR protect expression but not the right to injure another’s honour. Constructive criticism differs from personal attack on the facts. Critiquing a coach’s decisions may stay within free speech; calling them talentless and disgraceful may cross into insult.

The 6th Criminal Chamber (01.03.2023, 2022/327 E., 2023/846 K.) held “senile” (bunadı) rude but not honour-injuring, and acquitted under free-speech standards including ECtHR case law.

Assessment Factors, Penalty and What To Do

Content: unsupported labels like “thief” or “liar” may be insult. The 18th Criminal Chamber (16.01.2019, 2018/7790 E., 2019/1445 K.) treated retweeted heavy insults as enough for prosecution—even if the text is not originally yours.

Publicity (Art. 125/4), identifiable target and swift digital evidence (screenshots, time, comments) matter. Penalty: 3 months–2 years or judicial fine; publicity may increase it. Complaint within 6 months of learning of the offence.

Insult is generally subject to mediation, except Art. 125/2 message-to-addressee cases (CPL Art. 253/3). Careful posting, quick evidence, counsel and deadlines are essential.

For social-media insult files in Ankara, Karınca Law Firm in Çankaya advises on complaint, evidence and defence.

  • Art. 125: 3 months–2 years or judicial fine
  • Public posts: publicity → increase risk
  • Retweet/share may suffice for prosecution
  • Complaint: 6 months from learning
  • No mediation for 125/2 addressee messages
HAKARETTCK 125SOSYAL MEDYAALENIYETIFADE ÖZGÜRLÜĞÜŞIKAYETCEZA HUKUKUANKARA AVUKAT

Related Articles

BACK TO ALL ARTICLES
Frequently Asked Questions

Common Questions

How Are Social Media Posts Assessed in Insult Cases?+

Easy internet access made social media a fast bridge between thoughts and the world—but a comment or post can create legal risk. Insult (hakaret) is increasingly common online. When is a post an insult? Where is the line with free speech? This article explains assessment under the Turkish Penal Code and Court of Cassation practice. In Ankara, publicity, evidence and the 6-month complaint period are critical for X, Instagram or Facebook posts.

What Is the Offence of Insult?+

Insult is regulated in Art. 125 under offences against honour. Art. 125/1: attributing a concrete act or fact that can injure honour, dignity or reputation, or attacking those values by cursing, is punished with three months to two years’ imprisonment or a judicial fine. For insult in the victim’s absence, communication with at least three persons is required. Social media’s reach easily meets that threshold.

Insult on Social Media, Publicity and Intent nedir?+

Art. 125/2 applies the same penalties to insult by voice, writing or image—including social posts. Degrading comments or messages may meet the elements. Private messages have limited reach; public posts on X, Instagram or Facebook may establish publicity (aleniyet), an aggravating factor. The 8th Criminal Chamber (02.10.2017, 2017/8539 E., 2017/10706 K.) upheld Twitter insult visible to all and required increase under Art. 125/4. If the aim is to demean or damage reputation, intent is present. Courts examine content and context; sarcastic tone or quoted pejoratives may suffice.

The Boundary Between Free Speech and Insult nedir?+

The Constitution and ECHR protect expression but not the right to injure another’s honour. Constructive criticism differs from personal attack on the facts. Critiquing a coach’s decisions may stay within free speech; calling them talentless and disgraceful may cross into insult. The 6th Criminal Chamber (01.03.2023, 2022/327 E., 2023/846 K.) held “senile” (bunadı) rude but not honour-injuring, and acquitted under free-speech standards including ECtHR case law.

Assessment Factors, Penalty and What To Do nedir?+

Content: unsupported labels like “thief” or “liar” may be insult. The 18th Criminal Chamber (16.01.2019, 2018/7790 E., 2019/1445 K.) treated retweeted heavy insults as enough for prosecution—even if the text is not originally yours. Publicity (Art. 125/4), identifiable target and swift digital evidence (screenshots, time, comments) matter. Penalty: 3 months–2 years or judicial fine; publicity may increase it. Complaint within 6 months of learning of the offence. Insult is generally subject to mediation, except Art. 125/2 message-to-addressee cases (CPL Art. 253/3). Careful posting, quick evidence, counsel and deadlines are essential. For social-media insult files in Ankara, Karınca Law Firm in Çankaya advises on complaint, evidence and defence. • Art. 125: 3 months–2 years or judicial fine • Public posts: publicity → increase risk • Retweet/share may suffice for prosecution • Complaint: 6 months from learning • No mediation for 125/2 addressee messages