Editing and sending a woman’s photograph led to a prison sentence
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Summary: The Court of Cassation upheld a 1-year-and-8-month prison sentence imposed on a defendant who edited a face photograph from a woman’s social media account onto a naked female body and sent it to her. The decision raised issues about unlawful use of personal data and protection of privacy in digital environments.
In a case brought after a woman’s face photograph from her social media account was edited onto a naked female body and sent to her, the defendant was sentenced to 1 year and 8 months in prison for “unlawfully giving or obtaining data.” The 12th Criminal Chamber of the Court of Cassation upheld the conviction.
Attorney Aylin Esra Eren assessed the consequences of digital content in relation to personal rights and criminal law.
Question: Is it permissible to use a photograph that is publicly available online?
Attorney Aylin Esra Eren: The fact that a photograph has been shared publicly does not mean it may be used for any purpose and without limit. The photograph’s status as personal data, the purpose of use, the nature of the interference, and the rights of the person concerned must be assessed together. Using an image without consent in a sexual or humiliating montage may have serious legal consequences.
Question: Can fake images created with artificial intelligence or other methods also constitute an offense?
Attorney Aylin Esra Eren: The method used to create an image is not decisive by itself. The content, how the person’s data was used, whether there was consent, and which offense’s legal elements the conduct may satisfy are important. Depending on the specific circumstances, civil remedies based on personal rights may also be available alongside criminal law.
Question: What should someone do if they encounter such an image?
Attorney Aylin Esra Eren: Evidence such as the content’s link, date information, and the account where it was posted should be preserved safely. The platform may be notified to help prevent further distribution, and depending on the specific incident, the person may apply to law enforcement, the prosecutor’s office, or the relevant judicial authorities. To preserve evidence, the person should avoid repeatedly redistributing the image.