Crime of Insult Committed Through Social Media and Non-Pecuniary Damages

With the widespread use of social media, unlawful acts have also moved online. In this context, insult is a serious crime, particularly perpetrated on social media, that damages the honor, dignity, and reputation of the victim. Article 125 of the Turkish Penal Code defines insult as the attribution of words, actions, or facts that could harm a person's honor and dignity. The perpetrator is punished with imprisonment from three months to two years or a judicial fine .

Insult does not only carry criminal liability; the victim can also file a lawsuit for non-pecuniary damages in civil courts to compensate for the non-pecuniary damages suffered.

Insults committed on platforms like Instagram, Facebook, Twitter (X), and YouTube are evaluated based on the perpetrator's intent and whether the words offend the victim's honor, dignity, and reputation . According to Article 125 of the Turkish Penal Code, a crime occurs if the act is committed through a voice, written, or visual message directed at the victim .

There are some basic elements for the crime of insult to occur on social media:

1. The Victim Must Be Identifiable: The insulted person must be identifiable , directly or indirectly. Even if the name is not stated, if sufficient information about the person is given, a crime may occur.
2. The Nature of the Words or Actions Spoken: The statements made must be of a nature that offends the victim's honor, dignity, and reputation . Harsh criticism or offensive comments do not necessarily constitute insult; the words must be clearly derogatory or abusive.
3. Publicity (Visibility) Element: If the insult occurs on social media, the words are visible to everyone or can be perceived by an undetermined number of people, which constitutes the publicity element and leads to an increase in the penalty.

When you're insulted or receive a cybercrime message on social media, the first step is to file a criminal complaint with the prosecutor's office . The location and method of the insult are crucial factors in determining the direction of the investigation.

In cases of insults made on social media, evidence such as screenshots must be collected and submitted to the prosecutor's office. If the identity of the person or account perpetrating the insult is unknown, a complaint must be filed with the relevant social media platform. This will then obligate the prosecutor's office to initiate the necessary investigation.

The crime of insult is also considered a tort within the scope of the law of obligations . According to Article 49 of the Turkish Code of Obligations, anyone who harms another person through an unlawful and negligent act is obligated to compensate for the damage. Furthermore, Article 58 stipulates that in the event of a violation of personal rights , the victim may claim compensation for moral damages.

Depending on the nature of the insult and the specific circumstances of the case, the court will award the plaintiff an appropriate amount of non-pecuniary damages . This compensation is intended to provide the plaintiff with peace of mind and is intended for psychological and moral satisfaction , not compensation for property damage.

Yurdal Kiliçer \ Timeturk