Social Media Insult (Hakaret) Laws in Turkey: Fines & Prison

Summary: The 'Anonymous' Trap Many people think they can say anything on Twitter (X) or Instagram because they use a fake name. Reality: If you are identifie...

The “Anonymous” Trap

Many people think they can say anything on Twitter (X) or Instagram because they use a fake name. Reality: If you are identified (which is possible), the penalties are severe because social media is considered a “Public Sphere” (Aleniyet).

What constitutes “Insult” (Hakaret)?

According to TCK 125, attributing a concrete act (e.g., “You are a thief”) or attacking honor with generic curses (e.g., “Idiot,” “Dog,” “Low-life”) is a crime.

Penalties

Simple Insult: 3 Months to 2 Years in Prison (usually converted to a fine).
Social Media (Public): The penalty is increased by 1/6.
Public Official: Insulting a Police Officer, Judge, or Politician due to their duty carries a Minimum of 1 Year prison sentence.

Freedom of Speech vs Insult

Where is the line?

Criticism: “This mayor is incompetent and ruined the city.” -> LEGAL (Heavy Criticism).
Insult: “This mayor is a brainless thief.” -> ILLEGAL (Attack on Honor).
ECtHR Criteria: For politicians, the tolerance limit is higher. You can criticize them harshly, but you cannot curse at them.

Defenses

Mutual Insult (Karşılıklı Hakaret): If A curses B, and B curses back immediately due to anger. The Judge often gives NO PENALTY to either side (TCK 129).
Provocation: If you insulted someone because they attacked you first, the penalty is reduced or removed.

Legal Support: We defend clients accused of tweets posted years ago and help victims file criminal complaints. Contact us.

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