It can be processed through Twitter, Facebook, Instagram and similar applications. It can be processed in many ways such as insulting comments, tweets, DMs over social media applications.
The offense of defamation can be committed in 2 ways:
- Attribution of a concrete act to harm someone’s honor, dignity and prestige. For example, “He is constantly stealing for a person, he stole our money.” A concrete verb is attributed to saying.
- Insulting or humiliating a person with some words and behaviors. For example, commenting on a person as “heavy, animal” on Instagram constitutes the crime of insult.
On social media, “idiot, animal, stupid, brainless” etc. towards a person. Making words constitutes the crime of insult.
Making a case about a person’s physical characteristics constitutes the crime of insult. For example, sharing on social media by saying “blind” to a blind person or “lame” to someone who walks with a limping constitutes the crime of insult.
However, curse words do not constitute the crime of insult, or rude and unkind words will not constitute the crime of insult.
The offense of insult can also be committed in the absence of a person. In other words, it is insulting in the absence of the person. In this case, at least 3 people must learn in order for the offense of defamation to occur. However, it is not about letting 3 people learn by informing each other of the people who hear the insult. The perpetrator must insult 3 people individually or collectively, by referring to one person. For example, insulting the victim in a 3-person whatsapp group where there is no victim.
What is the Prison Penalty for Defamation from Social Media?
In case of simple insult, the penalty is imprisonment from 3 months to 2 years or a judicial fine. However, since insults committed on social media are public, the penalty for insulting is increased by 1/6.
Circumstances Increasing the Punishment for Defamation from Social Media
The offense of defamation;
- The lower limit of the penalty to be imposed in case of insulting a public official due to his/her duty cannot be less than 1 year.
- The lower limit of the penalty to be imposed cannot be less than 1 year in case the person expresses, changes, tries to spread his political, social or philosophical thoughts and opinions, obeys the orders and prohibitions of the religion he belongs to, and therefore insults the values he considers sacred.
- However, since insults committed on social media are public, the penalty for insulting is increased by 1/6.
Circumstances that reduce or remove the penalty for defamation from social media
With the proof of the act directed at the person, the crime of insult cannot be mentioned.
For example, you have made an accusation that someone is a thief on social media. If a lawsuit has been filed against that person for theft and it is certain that he committed theft, the crime of defamation does not occur.
If a person has insulted him for a wrongful act against him, his sentence is reduced or not at all. It does not matter whether this wrongful act is a crime or not.
In the case of mutual insults, the penalty is reduced or no penalty is given.
How to Prove an Insult Crime Committed from Social Media?
The crime of defamation committed through social media can be proved more easily. Of course, it should not be forgotten that it may change according to the characteristics of the concrete event. The person who has been insulted through social media applications; can obtain concrete evidence by taking screenshots and video recordings. The IP information of the insulting person can be requested from the court. It can also be learned from internet service providers. The identity of the perpetrator can be determined with the IP address information.
The perpetrator may have deleted insulting posts on social media or closed his account. In this case, the way of proof can be used with the witness. However, the judge must form an opinion about the reliability of the persons shown as witnesses.
Where to Report Insult from Social Media?
The follow-up of the offense of defamation on social media depends on the complaint. The victim must use his right to complain within 6 months from the date he learned about the insult or the insult.
The person who has been insulted on social media can file a criminal complaint with the prosecutor’s office. However, if the offense of defamation is committed against a public official due to his duty, the follow-up is not dependent on the complaint.
