Real Crimes in the Virtual World

Real Crimes in the Virtual World. Social media platforms have become the most important tools of today’s communication and interaction world. Through the content shared on these platforms, thoughts can be expressed, social and cultural bonds can be established, and even a global change wind can be made. However, it must be known that the crimes committed in this digital area of freedoms are of the same seriousness as crimes in the real world. Especially cybercrimes that can be committed with content shared on social media are being subjected to important sanctions under the Turkish Penal Code. In this article, the main cybercrimes that can be committed with social media content will be examined, and the legal framework and possible consequences will be touched upon. It is aimed that readers understand the potential legal risks of every content they share.

The General Framework of Cybercrimes

Cybercrimes are being defined as crimes committed with the use of technology. In Turkish law, cybercrimes have not been addressed with a special legal regulation; these crimes are being evaluated directly under the Turkish Penal Code (TCK) and other related laws. The investigation and prosecution of these crimes are generally being carried out by public prosecutors, while technical examinations are being done by cybercrime units. Many rules and principles that are valid for traditional crimes are also being applied to cybercrimes. The detection of the perpetrator, the collection and protection of digital evidence, are being of great importance in these types of cases.

The Most Common Cybercrimes on Social Media and Their Legal Aspects

Real Crimes in the Virtual World. On social media platforms, among the most common crimes committed by users are insult, threat, and violation of privacy. These crimes are generally being of the nature of an attack on a victim’s personal rights.

• The Crime of Insult (TCK Article 125): This crime can be committed with the sharing of content that damages a person’s honor, dignity, and prestige. Social media shares, because of being public, are being considered as “publicly” committed, and the penalty can be increased. An investigation is being initiated upon the victim’s complaint, and the identity of the perpetrator is being tried to be determined through the IP address and other digital data. The penalty for this crime is being determined as imprisonment from three months to two years or a judicial fine.
• The Crime of Threat (TCK Article 106): This crime can be committed with the sharing of content that a person or their relative will be subjected to harm. Threats made through social media are often being a subject of a lawsuit due to the ease of proof. The penalty for the crime of threat is being determined as imprisonment from six months to two years. The public nature of the share can cause the penalty to be increased.
• The Crime of Violation of Privacy (TCK Article 134): This crime can be committed with the unlawful sharing of content such as photos, videos, or audio recordings related to a person’s private life. Any share made without the victim’s consent can cause this crime to occur. The penalty for the crime of violation of privacy is being determined as imprisonment from one year to three years. Making the content public can lead to the penalty being increased.
• Unlawful Acquisition or Dissemination of Personal Data (TCK Articles 136 and 137): The unlawful acquisition and dissemination of a person’s personal data such as identity information, address, and phone number constitute these crimes. The unauthorized sharing of data obtained from social media profiles is being evaluated within this scope. The penalty is being determined as imprisonment from two years to four years.

Other Cybercrimes and Social Media Use

In addition to the crimes mentioned above, more serious crimes can also be committed through content shared on social media.

• The Crime of Inciting Hatred and Hostility (TCK Article 216): This crime can be committed with the sharing of content for the purpose of inciting different parts of the public against each other for hatred and hostility. The penalty for this crime committed against the public’s peace and security is being determined as imprisonment from one year to three years.
• The Crime of Praising a Crime and a Criminal (TCK Article 215): The public praising of a crime or a criminal can cause this crime to be committed. Situations such as the praising of the actions or leaders of terrorist organizations are being evaluated within this crime.
• The Crime of Fraud: The use of fake accounts or content on social media to deceive a person financially constitutes this crime. Fraud can be committed with methods such as fake campaigns, product sales, or donation requests.

Legal Process and Use of Legal Rights

In case of being a victim of a crime on social media, the first thing that must be done is the collection of evidence. In crimes such as insult and threat, screenshots, message records, and video links must be gathered. After that, a criminal complaint must be made to the public prosecutor’s office. Upon the complaint, an investigation is being initiated by the prosecutor’s office, and evidence collection and perpetrator detection works are being done by the relevant law enforcement units.

In this process, legal support being taken from a lawyer is of great importance for the protection of rights and the correct management of the process. Lawyers are ensuring the complete collection of evidence, the lawful preparation of petitions, and the best possible representation of their clients during the trial process.

Our Digital Responsibilities Must Not Be Ignored

Social media is being accepted as an important platform for freedom of expression. However, this freedom must be used with respect for the rights and freedoms of other persons. Every content shared on social media can give rise to a legal responsibility. Therefore, before a content is shared, it must be thoroughly considered whether this content will harm others’ rights, or contain elements of insult or threat. It must be remembered that crimes committed in the digital world will have serious consequences in the real world, and a behavior that is always in compliance with the law must be exhibited.