Why does it matter whether an account is public in a social media insult case?

Summary: The Court of Cassation emphasized that, when assessing whether an insult in a social media post was made publicly, it is necessary to investigate whether the account was public and who could view the post.

A conviction in a social-media-related insult case between former fiancés in Ödemiş, İzmir, was brought before the Court of Cassation for review. The 4th Criminal Chamber of the Court of Cassation overturned the decision, stating that it was necessary to investigate whether the account was public and who could view the content in order to determine whether the post should be considered public.

Attorney Aylin Esra Eren explained the line between freedom of expression and criminal liability in social media posts.

Question: Can making an insulting post on social media constitute a crime?

Attorney Aylin Esra Eren: Yes, criminal liability may arise if the elements of the offence of insult under Article 125 of the Turkish Criminal Code are met in the specific case. The content, the person targeted, the words used, and the evidence must be assessed together. Criticism or the expression of a strongly worded opinion does not necessarily constitute insult in every case.

Question: Does having a public account affect the penalty?

Attorney Aylin Esra Eren: If the statutory conditions are met, committing the offence of insult publicly may affect the penalty. However, it is not enough to consider only whether the account was public; the post’s accessibility and whether the element of publicity was present in the specific case must also be investigated. This is also a key aspect of the Court of Cassation’s ruling.

Question: Is there a difference between an insult sent by private message and a public post?

Attorney Aylin Esra Eren: The form of communication and who received the content matter in the assessment. The elements of the offence of insult may also be present in a private message, but the assessment of qualifying circumstances such as publicity may differ. Each case must be considered on its own circumstances.