Introduction
The rapid rise of digital platforms has transformed the way individuals communicate and express themselves. However, this transformation also brings new risks: defamation, unauthorized use of images, privacy violations, and online harassment. In Türkiye, the legal system places strong emphasis on Turkish Protection of Personality Rights in Social Media, ensuring individuals’ honor, dignity, and reputation are safeguarded in the digital age.
This article explores the legal framework, relevant court practices, and remedies available for personality rights violations on social media platforms under Turkish law.
Legal Framework
1. Constitutional Protection
- Article 17 of the Constitution of Türkiye protects the “inviolability of the individual, corporal integrity, and material and moral existence.”
- Personality rights, including dignity, honor, and reputation, are constitutional rights.
2. Turkish Civil Code (TCC)
- Articles 24–25: If someone unlawfully violates another’s personality rights, the injured party may:
- Demand the cessation of violation,
- Request correction (e.g., removal of a post, publication of a reply),
- Claim material and moral compensation.
- Provides the legal backbone for civil claims against social media users and platforms.
3. Turkish Code of Obligations (TCO)
- Regulates liability for damages arising from unlawful acts, including online defamation or unauthorized sharing of personal data.
4. Turkish Penal Code (TPC)
- Articles 125–131: Criminalizes insult (hakaret), slander, and dissemination of untrue statements online.
- Article 134: Protects privacy; criminalizes unlawful recording or sharing of images/voices.
5. Law No. 5651 on the Regulation of Internet Publications
- Provides a framework for removing or blocking access to unlawful online content.
- Victims can apply directly to a judge for content removal or access-blocking orders.
- Hosting and access providers may also be held responsible if they fail to act.
6. Personal Data Protection Law (Law No. 6698 – KVKK)
- Protects the collection, storage, and dissemination of personal data.
- Unauthorized sharing of personal information on social media (photos, contact details, private data) may lead to sanctions by the Personal Data Protection Authority (KVKK Kurumu).
Common Violations in Social Media
- Defamation and Insults
- Posting false or derogatory content harming someone’s reputation.
- Unauthorized Image and Voice Use
- Sharing photos, videos, or recordings without consent.
- Privacy Breaches
- Publishing private conversations or personal data.
- Cyberbullying and Online Harassment
- Repeated targeting of individuals, leading to psychological harm.
- Fake Accounts and Identity Misuse
- Using another person’s name, photos, or likeness for fraudulent purposes.
Remedies and Enforcement
1. Civil Law Remedies
- Injunctions: immediate court orders to remove offending posts.
- Damages: compensation for material and moral harm.
- Publication of correction/apology in the same medium.
2. Criminal Law Remedies
- Filing a complaint for insult, slander, or privacy violations.
- Prosecutors can initiate investigations, especially in aggravated cases (public officials, widespread dissemination).
3. Content Removal & Access Blocking
- Victims may apply under Law No. 5651 to remove harmful content or block access to URLs.
- Courts often grant urgent decisions in personality rights cases, especially involving children, families, or professional reputations.
4. Administrative Remedies
- Filing complaints with the KVKK Authority for unlawful processing or dissemination of personal data.
Court Practices in Türkiye
- Speedy Decisions: Turkish courts, especially criminal peace judgeships (sulh ceza hâkimliği), can issue blocking/removal orders within 24 hours.
- Defamation via Social Media: Courts consider posts on Twitter, Instagram, Facebook, TikTok, and similar platforms as “public” acts, which can aggravate penalties.
- Balancing Freedom of Expression: Courts weigh personality rights against freedom of expression, ensuring criticism does not cross into insult.
- Compensation Awards: Victims increasingly win compensation claims for moral damages due to reputational harm caused by social media posts.
Compliance and Prevention
For individuals and companies:
- Monitor online reputation actively.
- Use official reporting mechanisms of platforms (Facebook/Instagram’s reporting tools).
- Act swiftly—apply to Turkish courts for immediate removal/blocking orders.
- Educate employees/influencers about lawful posting to avoid liability.
- Protect personal data under KVKK standards.
Conclusion
With the explosive growth of digital communication, Turkish Protection of Personality Rights in Social Media has become an essential aspect of modern law. Türkiye’s legal system offers a robust framework—combining civil, criminal, and administrative remedies—to safeguard individuals’ dignity, privacy, and reputation.
For lawyers, companies, and individuals, the key is proactivity: monitor, respond quickly, and rely on the remedies offered by the Turkish Civil Code, Penal Code, Law No. 5651, and KVKK. By understanding and applying these laws, victims can protect their personality rights effectively in the online sphere.
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