The basic form of the offense of defamation on the Internet is included in the category of crimes related to the complaint. The victim of the crime has to use his right to complain within 6 months, starting from the date he learned about the insult a
"Justice without power is powerless, power without justice is cruel.”
TCK article 125
1) A person who attributes a concrete act or fact that may offend someone's dignity, honor and dignity, or who attacks someone's honor, honor and dignity by insulting, months to two years in prison or adlî punishable by a fine. In order for the insult to be punished in the absence of the victim, the act must be at least three times; It should be processed in conflict with the person.
(2) Verbal, written or visual; If it is processed with a message, the penalty specified in the above paragraph will be imposed.
(3) Offense of insult;
a) Due to his duty to a public official,
b) For expressing, changing, trying to spread his religious, political, social, philosophical beliefs, thoughts and convictions, acting in accordance with the orders and prohibitions of the religion to which he belongs,
c) The lower limit of the penalty cannot be less than one year, in case it is committed with reference to the values considered sacred according to the religion to which the person belongs.
(4) If the insult is committed publicly, the penalty is increased by one sixth.
(5) In case of insulting public officials working in the Board due to their duties, the offense is deemed to have been committed against the members who make up the board. However, in this case, the provisions of the article regarding the chain crime are applied.
In case a simple form of crime is committed on the internet or social media, the penalty for defamation is imprisonment from 3 months to 2 years or a judicial fine. A person who attributes a concrete act or fact that may offend someone's honor, dignity and dignity, or who attacks someone's honor, honor and dignity by blaming, months to two years in prison or adlî punishable by a fine. In order for the insult to be punished in the absence of the victim, the act must be at least three times; It must be processed by negotiating with the person (TCK m.125/1).
Since defamation crimes committed over the internet or social media are committed overtly, the penalty for publicly defamation will be increased by 1/6.
In the simple form of the crime, the judge will either give a prison sentence or a judicial fine. It is not possible to give both penalties at the same time. The judge has to explain why he gave a prison sentence or a judicial fine in his justified decision.
The penalty for defamation is between 1 year and 2 years in qualified cases of crime via the Internet (TCK art. 125/3).
For the offense of insult;
a) Due to his duty to a public official,
b) For expressing, changing, trying to spread his religious, political, social, philosophical beliefs, thoughts and convictions, acting in accordance with the orders and prohibitions of the religion to which he belongs,
c) The lower limit of the penalty cannot be less than one year, if it is committed with reference to the values considered sacred according to the religion to which the person belongs.
As explained above, if the victim is a public official (lawyer, judge, officer, etc.) and the insult is made because of his/her duty, the person's religious values or religious freedom are not acceptable. Insulting the use of the word is accepted as a qualified form of insult.
The penalty is increased by half in the case of insults committed on the internet due to their duties towards health personnel and allied health personnel working in public or private health institutions and organizations. In addition, the sentence of imprisonment cannot be postponed. (Law no. 7243 article 28).
Since defamation crimes committed over the internet or social media are committed overtly, the penalty for publicly defamation will be increased by 1/6.
Chain crime in case of insulting public officials working as a board due to their duties; The amount of the penalty determined in accordance with its provisions is also increased from 1/4 to 3/4. For example, in the crimes of insulting the expert panel or the court committee, the penalty determined from the qualified form of the crime will be increased.
The basic form of defamation on the Internet is included in the category of crimes related to the complaint. The victim of the crime has to use his right to complain within 6 months, starting from the date he learned about the insult and the insult. Otherwise, he loses his right to complain. Right to complain, at the latest; the lawsuit must be used within the statute of limitations.
Article 216 of the Turkish Penal Code;
Insulting or inciting the public to hatred and hostility
"Article 216- (1) Anyone who openly incites a segment of the public with different characteristics in terms of social class, race, religion, sect or region to hatred and enmity against another segment of the public, therefore In the event that a clear and imminent danger arises, for less than one year; punishable by imprisonment of up to one year.
(2) Anyone who publicly humiliates a part of the public on the basis of social class, race, religion, sect, gender or regional differences is sentenced to imprisonment from six months to one year.
(3) A person who publicly insults the religious values adopted by a part of the public is sentenced to imprisonment from six months to one year, if the act is suitable for disturbing the public peace.
There are provisions.