The Power of Words and Law: Disinformation Crimes in 7 Articles

The Power of Words and Law: Disinformation Crimes in 7 Articles. In the digital age, the speed of information dissemination has reached an unprecedented dimension in human history. However, this speed is also causing fake news and disinformation to spread rapidly in society. Social media platforms in particular can be used as a tool for misleading information to manipulate the public, disrupt public order, and create panic among individuals. This situation has necessitated legal regulations, and a new crime definition has been made in the Turkish Penal Code (TCK) for the purpose of combating fake news and disinformation. In this article, what the crime of disinformation is, the legal conditions of this crime, its criminal sanctions, and the legal processes in this area are being addressed in detail.

1. The Crime of Disinformation: Legal Definition and Scope

The crime of disinformation has been put on a legal basis with the TCK’s Article 217/A. This article is being called the crime of “public dissemination of misleading information.”

• The Elements of the Crime:
  • The Dissemination of Misleading Information: For the crime to occur, it is required for an untrue or misleading information to be disseminated.
  • Publicity: The information must be shared on a platform that everyone can access (social media, internet news sites, etc.).
  • Being Capable of Disrupting Public Order: It is required for the disseminated information to be capable of disrupting public peace, security, or order by itself.
  • The Motive: It is required for the perpetrator to disseminate this information with the purpose of disrupting public peace. This is pointing to the existence of an intent.

2. The Purpose of the Crime of Disinformation and Its Criminal Sanction

The main purpose of the crime of disinformation is to prevent the disruption of public order by creating panic, fear, or anxiety in society. This crime is aiming to establish a balance between freedom of expression and public order.

• The Amount of the Penalty: A prison sentence from one year to three years is being foreseen for those who are committing this crime. If the crime is being committed anonymously, the penalty is being increased by half.
• Its Application: This crime is not a crime that is dependent on a complaint for its pursuit and is being investigated ex officio (by itself) by the public prosecutor’s office.

3. The Differences Between the Crime of Disinformation and Other Cybercrimes

The crime of disinformation can be confused with other cybercrimes such as insult or threat. However, important differences are being found between them.

• Insult (TCK 125): The crime of disinformation is not targeting an attack on a personal right, but public order. The crime of insult is an action that is directed towards a specific person.
• Inciting Hatred and Hostility (TCK 216): The crime of disinformation does not carry the purpose of provoking one part of society against another. It only aims to create panic by disseminating misleading information.

4. The Legal Responsibility of Social Media Platforms

Disinformation Crimes in 7 Articles. Social media platforms, which are the places where fake news is being disseminated the most, also have legal responsibilities. These responsibilities are being determined with the Law No. 5651 on the Regulation of Publications on the Internet.

• Notice and Takedown: Platforms have the obligation to remove this content or to block access to it within a certain period of time upon the notification of unlawful content.
• Criminal Responsibility: The managers of platforms who are not removing unlawful content can face criminal responsibility.

5. The Collection of Evidence and the Trial Process

In the proof of disinformation crimes, digital evidence is of vital importance.

• The Collection of Evidence: It is required for screenshots of the content that constitutes a crime to be taken, for the relevant URL addresses to be saved, and for them to be submitted to the public prosecutor’s office in a lawful manner.
• Investigation: An investigation is being initiated by the public prosecutor’s office and data such as IP addresses are being requested from the relevant platforms.
• Trial: The trial is being held in the Criminal Court of First Instance, and the perpetrator’s intent and whether the action is capable of disrupting public order are being examined.

6. New Approaches in the Fight Against Disinformation

Fake news is being seen not only as a legal problem, but also as a societal problem. For this reason, new approaches must also be developed in addition to legal processes.

• Information Verification Platforms: For the purpose of ensuring the dissemination of correct information, fake news is being detected by independent information verification platforms.
• Digital Literacy: The increase of the digital literacy level of society is strengthening the ability of individuals to distinguish fake news.

7. The Importance of Legal Support and Counseling

The Power of Words and Law: Disinformation Crimes in 7 Articles. The crime of disinformation is a complex legal area because it is closely related to fundamental rights such as freedom of expression.

• Legal Defense: The protection of the defendant’s right to freedom of expression, the correct evaluation of evidence, and the legal process being carried out in accordance with procedure are being ensured by a lawyer.
• Legal Information: The knowing of the legal limits related to the crime of disinformation by both content creators and individuals is preventing possible legal problems.

Disinformation crimes are being accepted as one of the most important legal challenges brought by the digital age. In Turkish law, new regulations such as the TCK’s Article 217/A have been made to combat this crime. However, the application of these legal regulations is requiring the protection of the sensitive balance between freedom of expression and public order. For this reason, the fight against disinformation is being possible not only with criminal sanctions, but also with the increase of societal awareness.