Social media content under Turkish law is not a legal vacuum; every repost, embed or screenshot can touch copyright, personality rights, data protection and even criminal law. What feels like a routine action on Instagram, X (Twitter), TikTok, YouTube or LinkedIn – sharing a post, taking a screenshot of a story, embedding a tweet into a blog – is, legally speaking, an act of using someone else’s work and often someone else’s personal data.
This article offers a practical roadmap for how reposting, embedding and screenshots are viewed under Law No. 5846 on Intellectual and Artistic Works (FSEK), the Turkish Civil Code (TMK), the Turkish Penal Code (TCK) and, where relevant, the Personal Data Protection Law (KVKK No. 6698).
1. Legal framework: how social media content becomes a “work”
Under FSEK Article 1/B, a “work” (eser) is any intellectual and artistic product that bears the author’s personal imprint and fits one of the categories in Articles 2–5:
- Article 2 – Science and literature works:
Posts, captions, threads, blog-type texts, commentaries, even creative long-form posts can qualify as “ilim ve edebiyat eserleri” if they show a minimum level of originality. - Article 4 – Fine arts works:
Photos, illustrations, memes, collages, digital art and many Instagram posts are often “güzel sanat eserleri”. - Article 5 – Cinema works:
Reels, TikToks, Stories, YouTube videos and similar moving images may be “sinema eserleri”.
Once a post meets this threshold, the author enjoys:
- Economic rights (m.21–25): adaptation, reproduction, distribution, public performance, communication to the public (including online).
- Moral rights (m.14–16): right to be named, right to decide when the work is disclosed, right to object to distortions.
Most social media content used in a professional or commercial context will therefore be a FSEK-protected work.
At the same time:
- faces, voices, usernames and accounts may be personal data (KVKK),
- reputations and images are personality rights (TMK Articles 24–25),
- and certain uses may cross into criminal offences (e.g. TCK 134 – violation of privacy, TCK 125 – insult).
2. Native platform sharing vs copying and reposting
2.1. Native “share”, “retweet”, “repost” features
When you use the built-in sharing tools of a platform (Retweet/Repost on X, Share on Instagram, Share to Story, Share on Facebook, “Share post” on LinkedIn):
- you are not creating a new copy on your own server;
- you are triggering a function the platform offers, based on its licence from the user.
Many scholars and practitioners consider that, as long as:
- the account is public, and
- you use the official share tools without editing the content,
there is an implied licence within the platform’s ecosystem. In other words, within that platform, using the share button is usually low-risk under FSEK, because the original user accepted those mechanics in the terms of service.
However:
- This does not give you a licence to take the same content outside the platform (e.g. your corporate website, brochure, advertisement) without further permission.
- It also does not neutralise defamation, insult, privacy or personal data issues. Sharing someone else’s unlawful content can make you part of the problem.
2.2. Manual reposting and reuploading
The legal situation changes completely when you:
- download someone’s video from TikTok and reupload it to your own account,
- take a photo from Instagram and post it on your brand’s page without tagging or asking,
- copy a LinkedIn post text and publish it as your own.
In these cases you are:
- reproducing the work (FSEK m.22),
- communicating it to the public under your own account (m.25), and
- potentially violating moral rights by removing the author’s name or altering the work (m.15–16).
For businesses, such “manual reposts” without consent are particularly risky, because they are:
- commercial in nature,
- often part of systematic marketing strategies, and
- easy to document (timestamps, screenshots, analytics).
3. Embedding social media content
3.1. What is embedding, technically and legally?
Embedding means:
- you do not copy the content onto your own server,
- instead you place a small piece of code (embed code, iframe, oEmbed) which tells the user’s browser:
“Show this content directly from Instagram/X/YouTube on this page.”
From a FSEK perspective, the main question is:
Are you creating a new act of “communication to the public” (umuma iletim) or merely pointing to an existing one?
There are two important angles:
- Platform terms of use:
Most social media platforms explicitly offer embed code for public content. By uploading, the user grants the platform a broad licence, and the platform in turn authorises embedding. If you use the official embed tools, you are usually acting within that licence chain. - Practical risk:
Even if embedding involves no “copy” in the strict technical sense, courts can still view it as a relevant use if you frame, promote and monetise the embedded content as part of your own site.
3.2. Safer and riskier embedding practices
Safer:
- Using official embed code for public posts,
- Clearly showing the original author, handle and platform,
- Not editing or cropping the embedded display,
- Using embeds mainly for commenting, reviewing, explaining content.
Riskier:
- Embedding content from private or restricted accounts via unofficial tools,
- Embedding content that is obviously unlawful or defamatory,
- Using heavy embedding as a substitute for your own content (“scraping” a feed visually),
- Circumventing measures that block embedding.
As a rule of thumb: using embeds sparingly, in context, and through official tools is generally much safer than downloading and reuploading – but it is not a universal shield.
4. Screenshots of social media posts
Screenshots are the grey area where many violations happen.
4.1. What does a screenshot do in legal terms?
When you take a screenshot of a post or story and then publish it:
- you have created a new copy of the work (FSEK m.22),
- often including text, image and username in one frame,
- you may also be processing personal data (name, photo, handle, maybe location),
- and you might be revealing private communications if the screenshot is from a closed group or private message (TCK 134, privacy).
Therefore, a screenshot is not a harmless mirror; it is a fresh act of reproduction and communication to the public, and it can also engage personality rights.
4.2. Public vs private posts
- Screenshots of public posts:
The content is already visible to everyone, but that does not mean you can freely take it into a new context. Using it for critique, news reporting or academic analysis may be justified in some cases; using it in a commercial campaign or in a way that insults, harasses or shames the person is likely unlawful. - Screenshots of private posts / DMs / closed groups:
Here, additional layers apply:- Personality rights (TMK m.24–25),
- Privacy and secrecy of communication (TCK 132–134),
- possibly KVKK obligations if personal data is shared without legal basis.
Publishing private screenshots in a blog article, YouTube video or Twitter thread can therefore carry civil and criminal consequences.
4.3. Screenshots in presentations and training
Using screenshots in internal training or presentations (e.g. “anonymised” examples of bad social media behaviour) is less risky but still not completely neutral:
- If the posts are identifiable (usernames visible) and shared beyond a very small circle, personality-rights and KVKK questions may arise.
- If you keep the screenshots for long periods or share them outside the company, you must consider data-protection principles.
5. Reposting user-generated content (UGC) on business accounts
Many brands love to repost user-generated content:
- customers’ Instagram stories showing the product,
- fan art, memes and jokes about the brand,
- influencer content that “mentions” the brand.
This looks like free marketing, but from a legal view:
- The original post is usually a work under FSEK.
- The person’s image, voice and username are elements of their personality rights, and often personal data.
- Reposting on an official brand account gives the post a new audience and new commercial meaning.
Best practices for UGC:
- Ask for explicit consent
- A short DM: “We’d love to repost this photo on our official account and website. Do you agree?”
- Keep the answer as proof.
- Keep it within the agreed scope
- If they consented to “share on our Instagram account”, do not assume you can also put it on billboards or TV.
- Credit properly
- Tag or mention the user, unless they ask to remain anonymous.
- Have a clear hashtag or campaign policy
- For contests and hashtags, state in the terms what rights the brand receives over submissions.
6. Key risks under Turkish law
6.1. Copyright (FSEK)
Reposting, embedding (in some contexts) and screenshots can all infringe:
- adaptation right (m.21),
- reproduction right (m.22),
- distribution and public communication rights (m.23, m.25),
- moral rights (m.14–16).
The right holder can seek:
- injunctions and takedowns,
- material and moral damages,
- compensation calculated up to three times the licence fee (m.68).
6.2. Personality rights (TMK 24–25)
Using someone’s social media content in a way that:
- humiliates them,
- misrepresents them,
- or exploits their image commercially without consent,
may violate their personality rights. They can then request:
- cessation of the infringement,
- compensation,
- publication of the judgment or corrective statement.
6.3. Criminal law (TCK)
Criminal risk arises in particular when:
- private communication is published (TCK 132–134),
- content involves insults (TCK 125),
- image or sound recordings are made and published without consent in private contexts.
6.4. Data protection (KVKK)
If the reposting, embedding or screenshot shows identifiable individuals (names, faces, handles) and the context reveals preferences, behaviour or other details, you are processing personal data. For businesses established in Turkey or processing data of people in Turkey, KVKK obligations (lawful basis, disclosure, data minimisation, retention limits) can apply.
7. A compliance roadmap for social media content under Turkish law
To use social media content under Turkish law safely, companies and professionals can follow a simple but strict set of rules:
- Prefer links and official shares over downloads and reuploads
- Use “Share”, “Retweet” and official embed tools where possible.
- Avoid downloading others’ content unless you have explicit permission.
- Get consent for reposting UGC
- Especially when using content on brand accounts, websites or ads.
- Use clear DMs or campaign terms; archive approvals.
- Be cautious with screenshots
- Do not publish screenshots of private messages or non-public posts.
- If you must show an example, anonymise properly (blur names, faces, handles).
- Adopt an internal social media policy
- Define what employees can repost, how to request permission, and who approves high-impact content.
- Train marketing, PR and social media teams.
- In doubt, treat content as protected and ask first
- “But it’s on the internet” is not a defence.
- A short permission request can save a long lawsuit.
8. Conclusion
Social media content under Turkish law sits at the crossroads of copyright, personality rights, data protection and sometimes criminal law. Reposting, embedding and screenshots may look like harmless everyday actions, but in legal terms they are acts of using works and personal data.
The safest strategy is to combine respect for FSEK’s economic and moral rights with a strong awareness of personality rights, KVKK principles and TCK provisions. Ask for consent where possible, use official tools, avoid copying private content, and build an internal culture where legal and marketing teams work together.
Handled this way, social media becomes not a legal minefield, but a powerful and law-compliant extension of your brand and your professional voice.
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