5 Questions on Online Posts, Identity Misuse and Evidence — Attorney Aylin Esra Eren
This article provides general information. Legislation, time limits and amounts may change over time; obtain an up-to-date assessment of your specific situation.
Attorney Aylin Esra Eren
Attorney Aylin Esra Eren explains rights and application procedures regarding digital shares, fake line, signature, and hidden camera through 5 questions and answers.
You can open the explanation by touching the title of the question.
Is sharing false news on social media a crime?
Not every false or erroneous post automatically constitutes a crime. Article 217/A of the TPC requires the public dissemination of false information concerning the country's internal and external security, public order, and general health in a manner capable of disrupting public peace, solely with the intent to create anxiety, fear, or panic among the public. All elements in the law must be present in the specific incident. Criticism, the reporting of news, and freedom of expression must also be taken into account.
Can re-sharing a post on social media also constitute a crime?
Yes, in some cases, re-sharing can also give rise to legal liability. Especially the knowing re-dissemination of a post containing defamation may be evaluated in terms of participating in the crime of defamation or committing the crime anew, depending on the characteristics of the incident.
However, the mere technical re-sharing of a post does not automatically mean a conviction. The nature of the content, the intent of the sharer, and the conditions of the specific incident must be examined.
What crimes can a person who has a phone line opened in someone else's name face?
Opening an unauthorized phone line using someone else's identity information may bring up crimes such as unlawful use of personal data, forgery in a private document, or fraud, depending on the nature of the incident. If the line is used for the purpose of committing a crime, the actions of the person who had the line opened and the person who used it are examined separately. A person who learns that an unauthorized line has been opened in their name must apply to the operator and relevant authorities without delay.
Is a contract made by casting a fake signature in someone else's name valid?
Signing in a person's name without their knowledge and consent may cause the binding nature of the contract to be contested regarding that person. Depending on the nature of the document, crimes of forgery in a private document or an official document may also come to the agenda. In case of denial of the signature, signature examination and other evidence are evaluated. The person can apply to legal remedies for the determination that the contract does not bind them and for the compensation of resulting damages.
What crimes do secretly placing a camera in a person's home constitute?
Unauthorized placement of a camera in a person's residence or private living space, recording and sharing of images can bring up the crime of violation of privacy. Unlawful recording or acquisition of personal data through a camera can also be evaluated separately. The location where the device is found, the content of the records, who placed them, and the manner in which the images are used are important. The victim should apply to law enforcement or the prosecutor's office without spoiling the evidence as much as possible.