Can recording images in a courtroom and posting them on social media constitute an offense?
This article provides general information. Legislation, time limits and amounts may change over time; obtain an up-to-date assessment of your specific situation.
Summary: The Bakırköy Chief Public Prosecutor’s Office opened an investigation after footage said to have been recorded during hearings in the Istanbul Metropolitan Municipality case was shared on social media. The incident again raised the rules on making audio and video recordings in courtrooms.
It was reported that the Bakırköy Chief Public Prosecutor’s Office opened an investigation on its own initiative after footage said to have been recorded at the Istanbul Metropolitan Municipality case hearings on October 15 and 16, 2026, was shared on social media. The statement said that action was taken under Article 286 of the Turkish Penal Code against people who made unauthorized recordings or shared audio or video during prosecution proceedings.
Attorney Aylin Esra Eren assessed the legal limits concerning the recording and sharing of hearing footage.
Question: Is it permissible to make an image or audio recording in a courtroom?
Attorney Aylin Esra Eren: As a rule, making audio or video recordings during a hearing in a courtroom is not permitted. Article 286 of the Turkish Penal Code governs the unauthorized recording of audio or video during investigation and prosecution proceedings. In the specific case, it must be investigated where, by whom, and under what circumstances the recording was made.
Question: Can a person who shares the footage on social media without recording it themselves also be held responsible?
Attorney Aylin Esra Eren: The investigation statement reported in the news refers both to recording and to transmitting by sharing. However, criminal responsibility is determined by reference to the person’s specific conduct, intent, and the statutory elements of the relevant offense. It cannot be said that everyone who shares footage automatically commits the same offense.
Question: Does opening an investigation mean that the people who shared the footage are guilty?
Attorney Aylin Esra Eren: No. An investigation is the stage at which suspicion of an offense is examined. After evidence is collected, a decision not to prosecute may be issued or an indictment may be prepared. Guilt is assessed at the end of a trial, with the presumption of innocence observed.