1. Introduction
Fraud through fake advertisement websites has become a common method of cyber-enabled crime. Offenders create websites imitating legitimate e-commerce or property platforms, attract victims with false advertisements, demand advance payments, and then disappear. In some cases, the sites are designed to steal personal or banking data.
2. Legal Framework
a) Criminal Law
- Fraud (TPC Art. 157–158): Fake websites are treated as fraud committed via information systems, which is an aggravated form punishable by 4 to 10 years of imprisonment and judicial fines.
- Cybercrime (TPC Art. 243–246): If card data is stolen, perpetrators may also be charged with unauthorized access, disruption of systems, and misuse of bank or credit cards.
- Organized Crime (TPC Art. 220): When committed by a group through systematic activity, it may qualify as an organized crime offense.
b) Civil Liability
- Tort (TCO Art. 49): Victims may claim compensation for pecuniary and non-pecuniary damages.
- Unfair Competition (TCC Art. 54–63): Using another company’s identity, brand, or logo may constitute unfair competition.
- Trademark Infringement: If a legitimate brand or domain name is copied, intellectual property remedies are also available.
c) Consumer and Platform Regulation
- Consumer Protection Law (Law No. 6502): Normally applies to distance sales, but cannot protect against fraudulent “sellers” that legally do not exist.
- Internet Law (Law No. 5651): Victims may request access blocking against fake domains; hosting providers must act upon complaints.
3. Court of Cassation (Yargıtay) Practice
The Court of Cassation consistently rules that:
- Publishing a fake advertisement without intent to sell constitutes fraud from the beginning.
- Creating a fake e-commerce platform is considered fraud via information systems.
- If card information is obtained, courts also apply TPC Article 245 on misuse of bank/credit cards.
- When committed systematically by multiple perpetrators, courts may classify the act as organized crime.
4. Remedies for Victims
a) Criminal Remedies
- File a criminal complaint for aggravated fraud and cybercrime.
- Request blocking access to fraudulent websites under Law No. 5651.
b) Civil Remedies
- Compensation claim under tort liability.
- Unfair competition and trademark actions if legitimate companies are imitated.
c) Preventive Measures
- Verify domains (.com.tr, .gov.tr).
- Use secure payment systems and escrow.
- Avoid advance payments without legal guarantees.
5. Conclusion
Fake advertisement websites represent a new generation fraud mechanism, combining deception with technology. Turkish law provides remedies under both criminal and civil frameworks. The Court of Cassation confirms that such acts amount to fraud via information systems and, depending on the circumstances, also include cybercrime and organized crime. Victims are entitled to pursue both criminal prosecution and civil compensation.
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