Reputation Management in the Digital World: Insult and Exposure on Social Media and Legal Protection

Although the internet and social media platforms appear to be the broadest space for freedom of expression, this space does not promise unlimited freedom. Crimes committed by hiding behind a keyboard and attacks on personal rights are subject to serious sanctions under the Turkish Penal Code and the Civil Code. As Kubat Law, we examine the ways to protect your reputation against the injustices you suffer in the digital world.

1. The Most Frequently Committed Crimes on Social Media

Contrary to belief, many acts carried out in the virtual world exceed the limits of "joke" or "criticism" and constitute a crime:

Insult (TPC Art. 125): Attributing to a person a concrete act or fact capable of harming their honour, dignity and reputation, or reviling them. Insults made over social media are considered "committed publicly" and are therefore a ground for increasing the penalty.

Violation of the Confidentiality of Communications: Taking a screenshot of private messages (DMs) and sharing (disclosing) them without the consent of the other party.

Violation of Privacy: The non-consensual sharing of photographs, videos or information belonging to a person's private spheres that should remain confidential.

Unlawful Dissemination of Personal Data: Distributing a person's telephone number, address or identity information without consent.

2. The Fine Line Between "Criticism" and "Insult"

Our legal system protects freedom of expression; however, this freedom ends where another person's personal rights begin. Although politicians, artists or public figures must endure harsh criticism, swearing, degradation or mocking a person's physical/mental characteristics is not "harsh criticism" but insult.

3. The First Step at the Moment of Harm: Securing Evidence

Content on social media can be deleted within seconds. For this reason, the success of the legal process depends on collecting the evidence correctly:

Screenshot: Screenshots should be taken in which the content, the profile information of the person sharing it, and the date are visible.

URL Address: The direct link of the post should be saved.

Notary Approval (e-Determination): In highly critical disputes, against the possibility of the content being deleted, the official registration that the content was there at that moment can be made through the e-determination system of the Union of Notaries.

4. Legal and Criminal Remedies

When you are exposed to a digital attack, as Kubat Law we set in motion the following processes:

Blocking Access and Removal of Content: Within the scope of Law No. 5651, urgently applying to the Criminal Judgeship of Peace for the removal of content that violates personal rights.

Criminal Complaint: Filing a complaint with the Chief Public Prosecutor's Office for the identification and punishment of the perpetrator.

Moral Compensation Action: A claim for material/moral compensation due to the destruction caused in the person's psychological world and the loss of reputation.

5. Kubat Law: The Defender of Your Digital Rights

Traces on the internet can be deleted, but the damage caused may be permanent. Remaining silent in the face of cyberbullying, character assassination or the unauthorised use of your data may embolden the attackers. With its experience in the field of information technology law, Kubat Law places your presence and reputation in the digital world under legal protection.