Harassment via Social Media

Harassment via Social Media | Attorney Gamze Gül GİRGEÇ

With the advancement of technology and the digitalization of communication tools, social media has gained a significant place in individuals' lives. However, the lack of regulation in this area has also led to violations of personal rights. In particular, acts of harassment carried out through social media can have consequences under both criminal and private law.

This article discusses acts of harassment carried out through social media. Turkish Penal Code The discussion will cover how these actions are evaluated under the Turkish Code of Obligations, and the compensation claims that can be filed against them.

What are the forms of harassment on social media?

Harassment on social media can manifest in various ways. Such acts typically include the following behaviors:

• Constantly receiving disturbing messages
• Sharing sexually explicit messages or images
• Persistent stalking of a person through their social media accounts. 
• Posts containing profanity, insults, and threats.
• Sharing private information or images without consent

Criminal Law Aspect: What Crimes Occur?

Social media harassment can fall under various types of crimes defined in the Turkish Penal Code, depending on its content. The most common of these are:

• Turkish Penal Code Article 105 - Sexual harassment
• Turkish Penal Code Article 123 – Disturbing the Peace and Tranquility of Individuals
• Turkish Penal Code Article 125 - Insult
• Turkish Penal Code Article 106 – Threat
• Turkish Penal Code Article 134 – Violation of the Right to Privacy

Individuals subjected to such acts can file a complaint with the Public Prosecutor's Office, requesting the initiation of criminal proceedings.

Private Law Aspect: Is a Claim for Non-Pecuniary Damages Possible?

Yes. The person who has been subjected to harassment, the abuse they suffered... A lawsuit for moral damages to compensate for psychological and mental harm. They have the right to open it.

This right, Article 58 of the Turkish Code of Obligations It has been prepared in accordance with:

Turkish Code of Obligations, Article 58:
“A person whose personal rights have been unlawfully violated may request a judge to put an end to the violation, to remedy its effects, and to award a suitable sum of money as compensation for the moral damage suffered..”

Because acts of harassment carried out through social media often clearly violate personal rights, lawsuit for moral damages in civil courts It is possible to open it.

Evidence Gathering Process: What to Pay Attention To?

The process of gathering evidence to prove an act of harassment is critically important. The main types of evidence that can be presented to the court are as follows:

• Screenshots (preferably showing the time)
• Message and correspondence records
• Written documents obtained from social media platforms
• Witness statements
• Expert reports if necessary.

Especially given the risk of digital content being deleted, it is necessary to record evidence quickly and securely, and to store the device containing the evidence related to the crime.

In conclusion, acts of harassment occurring on social media have become not only an individual problem but also a societal one. These actions have both criminal penalties and claims for compensation. Individuals subjected to harassment should know that they are not alone and should not hesitate to exercise their legal rights. Seeking support from an expert lawyer during this process will both prevent the victim from suffering a loss of rights and ensure a more effective legal process.

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