Introduction
Cyberbullying, online harassment and threats under Turkish criminal law have become increasingly important as social media, messaging applications, online gaming platforms, e-mail, forums and digital communication tools have become part of daily life. A person may be insulted on Instagram, threatened through WhatsApp, stalked through fake accounts, harassed by repeated messages, blackmailed with private images, exposed through personal data leaks or targeted by coordinated online attacks.
Turkish law does not regulate all of these acts under one single offence called “cyberbullying.” Instead, the legal classification depends on the content, method, persistence and consequence of the conduct. Online abuse may constitute insult, threat, persistent stalking, disturbing a person’s peace and harmony, sexual harassment, blackmail, violation of privacy, unlawful disclosure of personal data, unauthorized access to information systems, fraud or other crimes under the Turkish Penal Code.
The Turkish Penal Code No. 5237 contains several provisions that are frequently applied to online harassment cases, including Article 106 on threat, Article 125 on insult, Article 123 on disturbing peace and harmony, Article 123/A on persistent stalking, Article 105 on sexual harassment, Article 107 on blackmail, Article 134 on violation of privacy, Articles 135–136 on personal data offences and Articles 243–244 on cybercrimes. The Council of Europe’s Turkey cybercrime profile also identifies Articles 243, 244, 245 and 245/A as core cybercrime provisions in Turkey’s legal framework.
This article explains cyberbullying, online harassment and threats under Turkish criminal law from a practical legal perspective. It covers criminal liability, victim rights, digital evidence, criminal complaint procedures, content removal, compensation claims and defence strategies.
1. What Is Cyberbullying Under Turkish Law?
Cyberbullying generally means repeated or serious harmful conduct carried out through digital tools. It may include insults, threats, humiliation, spreading private information, impersonation, sexual messages, persistent contact, fake accounts, revenge posts, targeted harassment, doxxing, blackmail, defamatory content or group attacks.
However, Turkish criminal law does not punish the general label “cyberbullying.” The prosecutor and court must identify the specific statutory offence. For example, calling someone degrading words online may constitute insult. Saying “I will kill you” through a message may constitute threat. Sending hundreds of unwanted messages may constitute disturbing peace and harmony or persistent stalking. Publishing someone’s private photographs may constitute violation of privacy. Sharing identity data, phone numbers or addresses may constitute a personal data offence.
This distinction is crucial. A legally effective criminal complaint should not merely state that the victim was “cyberbullied.” It should explain the exact acts, dates, platforms, messages, accounts, screenshots, witnesses and legal consequences.
2. Online Threats Under Turkish Penal Code Article 106
Threat is one of the most serious forms of online harassment. Under Article 106 of the Turkish Penal Code, threatening another person by saying that the person or their relative will be subjected to an attack against life, physical integrity or sexual immunity is punishable by imprisonment from six months to two years. Other forms of threat concerning serious harm may also be punished, depending on the content and circumstances.
Online threats may be sent through WhatsApp, Instagram, X, Facebook, TikTok, Telegram, SMS, e-mail, online gaming chats or anonymous accounts. The method does not remove criminal liability. What matters is whether the statement objectively creates a threat against the victim’s legally protected interests.
Examples may include:
“I will kill you.”
“I know where you live.”
“I will come to your workplace and hurt you.”
“I will publish your private photos unless you do what I say.”
“I will harm your family.”
Threats made anonymously or through fake accounts may still be investigated. The prosecutor may request platform records, IP logs, phone number records, device information and other digital evidence. If the threat is accompanied by blackmail, stalking, publication of private data or repeated harassment, additional offences may also arise.
3. Insult and Humiliation on Social Media: TCK Article 125
Insult is one of the most common offences in online harassment cases. Article 125 of the Turkish Penal Code punishes a person who attributes an act or fact to another person in a manner capable of offending that person’s honour, dignity or prestige, or attacks someone’s honour, dignity or prestige by swearing. The penalty is imprisonment from three months to two years or a judicial fine.
In online practice, insult may occur through direct messages, public comments, posts, stories, video captions, reels, usernames, edited images or group chats. The fact that the words are written online does not make them legally insignificant. Article 125 also covers insults made through written, audio or visual messages directed at the victim.
However, not every harsh statement is automatically insult. Turkish criminal law requires an attack on honour, dignity or prestige. Criticism, value judgments, rude but non-criminal statements, political debate or commercial complaints may require careful legal evaluation. The context, wording, target, platform, public visibility and relationship between the parties matter.
A strong complaint should identify the exact insulting words, where they were published, who could see them, whether the victim was identifiable and whether the insult was direct or public.
4. Disturbing Peace and Harmony: TCK Article 123
Some online harassment does not consist of one severe threat or insult but repeated unwanted contact. Article 123 of the Turkish Penal Code punishes persistently calling someone, making noise or otherwise acting unlawfully with the purpose of disturbing a person’s peace and harmony. The penalty is imprisonment from three months to one year upon the victim’s complaint.
In the digital environment, this provision may be relevant where a person repeatedly sends messages, calls, tags, creates new accounts after being blocked, comments under every post, sends unwanted e-mails or contacts the victim through different platforms. The key elements are persistence, unlawfulness and purpose of disturbing the victim’s peace.
For example, a single unwanted message may not be enough. But dozens of messages, repeated calls at night, contacting the victim from new accounts after being blocked, or continuing contact despite clear refusal may support criminal liability.
Victims should preserve the full pattern of conduct. Screenshots should show dates, times, usernames and repeated behaviour. A timeline is often more persuasive than isolated screenshots.
5. Persistent Stalking: TCK Article 123/A
Persistent stalking is especially important in online harassment cases. Article 123/A was added to the Turkish Penal Code by Law No. 7406. The provision punishes a person who persistently follows another physically or attempts to contact them through communication tools, information systems or third persons, causing serious uneasiness or causing the victim to fear for their own safety or the safety of a relative. The basic penalty is imprisonment from six months to two years.
This article is highly relevant to cyberstalking. A person may repeatedly create fake accounts, send messages from different numbers, track the victim’s online activity, contact the victim’s friends, send unwanted e-mails, comment on every post, monitor location information, or use third parties to reach the victim.
The legal difference between Article 123 and Article 123/A is important. Article 123 focuses on disturbing peace and harmony. Article 123/A focuses on persistent following or contact attempts that create serious uneasiness or safety concerns. Therefore, Article 123/A may be more appropriate where the conduct creates fear, intimidation, psychological pressure or a sense of being constantly watched.
The complaint should clearly explain why the victim felt serious uneasiness or safety concern. Evidence may include repeated messages, screenshots of fake accounts, call records, witness statements, location-based posts, messages sent to friends or family, and any prior relationship between the parties.
6. Online Sexual Harassment
Online harassment may also have a sexual nature. Article 105 of the Turkish Penal Code punishes sexual harassment. It may apply where a person sends sexually explicit messages, unwanted sexual images, persistent sexual proposals, obscene comments, sexual threats or sexually motivated digital content without consent. The basic offence is punishable upon complaint of the victim.
Online sexual harassment may occur through direct messages, unsolicited images, video calls, social media comments, e-mails, dating applications or online games. If the victim is a child, the legal consequences become more serious and must be evaluated under child protection and sexual offence rules.
If sexual harassment is combined with threats to publish private images, the case may also involve blackmail, violation of privacy and personal data offences. If the perpetrator unlawfully accessed private images from an account or device, cybercrime provisions under Articles 243 and 244 may also become relevant.
7. Blackmail and Sextortion
Blackmail is one of the most psychologically harmful forms of online abuse. Article 107 of the Turkish Penal Code regulates blackmail and punishes forcing a person to act, not act, or obtain unlawful benefit by using certain coercive statements or threats. Legal sources summarizing Article 107 state that the penalty may include imprisonment from one to three years and a judicial fine.
In online practice, blackmail often appears as “sextortion.” The perpetrator may threaten to publish private photographs, videos, messages or personal information unless the victim sends money, shares more images, continues a relationship, withdraws a complaint or performs another act.
Victims should preserve every message, payment demand, account name, wallet address, IBAN, phone number, e-mail address and platform profile used by the perpetrator. Paying the blackmailer does not guarantee that the content will not be published. A legal strategy should focus on evidence preservation, criminal complaint, urgent content removal and protection of the victim’s privacy.
8. Violation of Privacy and Private Content
Cyberbullying often involves private photographs, videos, voice recordings or messages. Article 134 of the Turkish Penal Code punishes violation of privacy. If private images or recordings are disclosed, the penalty may become more severe.
Examples may include publishing private photos after a breakup, sharing screenshots of intimate conversations, posting hidden camera footage, exposing private voice recordings or threatening to publish private images. Even if the victim originally shared the image with one person, this does not mean consent to public disclosure.
In these cases, speed is essential. The content should be preserved as evidence but also removed quickly to prevent further spread. The victim may need a criminal complaint, platform removal requests, content removal applications and civil compensation claims.
9. Personal Data Offences: Doxxing and Data Exposure
Doxxing means publishing someone’s personal information online, such as address, phone number, identity number, workplace, school, family information or private contact details. Under Turkish law, this may constitute a personal data offence.
Article 136 of the Turkish Penal Code punishes unlawfully delivering, publishing or acquiring personal data with imprisonment from one to four years. Article 135 separately punishes unlawful recording of personal data.
Doxxing can be extremely dangerous because it may expose the victim to physical risk, stalking, harassment, financial fraud or reputational harm. If the victim’s personal data is shared together with insults or threats, multiple offences may arise. If the data was obtained from a hacked account, Articles 243 and 244 may also apply.
Victims should preserve screenshots showing the exact data published, the URL, account name, date and platform. A criminal complaint should request urgent removal and investigation of how the data was obtained.
10. Cyberbullying Through Fake Accounts and Impersonation
Fake accounts are frequently used for harassment. A perpetrator may create an account using the victim’s photograph, name, workplace or personal information. The account may be used to insult others, send sexual messages, request money, damage reputation or deceive third parties.
Depending on the facts, impersonation may involve personal data offences, insult, fraud, privacy violation or unauthorized access. If the fake account is created after hacking the victim’s real account, cybercrime provisions may also apply.
Victims should preserve the account URL, screenshots, profile information, posts, messages and any communication with third parties. Merely taking a screenshot of the profile image may not be enough; the URL and account identifiers are important.
11. Unauthorized Access and Account Hacking
Cyberbullying sometimes begins with account hacking. If the perpetrator enters the victim’s e-mail, Instagram, WhatsApp, Facebook, TikTok, cloud storage or other account without permission, Article 243 on unlawful access to an information system may apply. If the perpetrator deletes messages, changes passwords, transfers data or makes the account inaccessible, Article 244 may also apply.
This is important because harassment is not always limited to visible messages. The perpetrator may secretly enter accounts, monitor communications, collect private data and later use that information for threats or blackmail.
Victims should preserve login alerts, password change e-mails, recovery messages, suspicious device information and platform notifications. A criminal complaint should request access logs and platform records.
12. Law No. 5651: Content Removal and Access Blocking
Criminal prosecution may punish the perpetrator, but it may not immediately remove harmful content. For online harassment, victims often need urgent removal of posts, images, videos, fake accounts or private data.
Law No. 5651 regulates internet publications and provides mechanisms for removal of content and blocking access. Under Article 9, persons claiming that their personality rights are violated by internet content may apply for removal and/or access blocking under the legal procedure. Article 9/A also concerns blocking access due to violation of privacy of private life.
This is highly relevant to cyberbullying cases involving insults, private images, personal data, fake profiles or defamatory posts. A victim may need to act through platform complaint tools, content provider requests, hosting provider notices and judicial applications where legal conditions exist.
Evidence should be preserved before removal. If content disappears before evidence is collected, the criminal case may become harder to prove.
13. Criminal Complaint Procedure for Victims
Victims of cyberbullying, online harassment or online threats may file a criminal complaint before the public prosecutor’s office. The complaint should be detailed, chronological and evidence-based.
A strong complaint should include:
The victim’s identity information.
The platform where the incident occurred.
The account names, phone numbers, e-mails or URLs involved.
The exact words or conduct complained of.
Dates and times of messages or posts.
Screenshots and original records.
Whether the conduct was repeated.
Whether the victim blocked the perpetrator.
Whether fake accounts were created.
Whether private data or images were published.
Whether threats or blackmail occurred.
Witnesses who saw the content.
Requests for platform records, IP logs and device information.
Legal qualification under relevant Turkish Penal Code provisions.
The complaint should not use vague language only. It should connect each act to a possible offence: threat, insult, stalking, disturbing peace, harassment, blackmail, privacy violation, personal data offence or cybercrime.
14. Digital Evidence in Online Harassment Cases
Digital evidence is the foundation of online harassment cases. The most important evidence may include screenshots, URLs, message exports, call records, e-mail headers, platform notifications, IP logs, account recovery e-mails, bank records, voice recordings, videos and witness statements.
Screenshots are useful but may be challenged. They should show the username, date, time, content and platform. Where possible, original messages should be preserved. E-mails should be kept with headers. URLs should be copied. If a post is public, a notarial determination or technical preservation method may strengthen the evidence.
Victims should avoid deleting messages after taking screenshots. They should also avoid editing images, cropping essential information or responding aggressively in a way that complicates the file.
15. Complaint-Dependent Offences and Time Sensitivity
Some offences under Turkish criminal law are complaint-dependent. This means the victim must file a complaint within the legal period after learning of the act and the offender. Insult, disturbing peace and harmony, sexual harassment and some related offences may involve complaint requirements depending on the specific legal classification.
Therefore, victims should not delay. Online harassment often continues over time, but each act may need to be evaluated separately. A lawyer should assess the complaint period, the date of discovery, whether the offender is known and whether new acts create new complaint rights.
Even where a specific offence is not complaint-dependent, early action is important because platform logs, IP records, camera footage and digital traces may disappear.
16. Protection Measures and Repeated Harassment
Where online harassment is connected to domestic violence, stalking, ex-partner abuse or threats against safety, protective measures may also be considered under Turkish law. Online messages may support requests for preventive measures, restraining orders or other protective steps depending on the relationship and risk.
The complaint should emphasize risk factors: prior violence, repeated contact, threats to come to the home or workplace, publication of private information, use of multiple fake accounts, attempts to contact family members and escalation of language.
Cyber harassment should not be minimized simply because it happens online. A serious online threat may create real-world danger.
17. Civil Compensation Claims
Cyberbullying and online harassment may also create civil liability. Victims may claim material and moral damages depending on the facts.
Material damages may include therapy costs, loss of business, reputation management expenses, costs of account recovery, cybersecurity expenses or financial losses caused by fraud. Moral damages may arise from humiliation, fear, anxiety, reputational harm, privacy violation, exposure of personal data or psychological distress.
A criminal conviction may support a civil compensation claim, but civil liability requires proof of unlawful conduct, damage and causal connection. The victim should document the harm carefully, including medical records, witness statements, business losses and evidence of reputational impact.
18. Defence Strategies in Online Harassment Allegations
A person accused of cyberbullying or online harassment may face serious criminal consequences. Defence strategy should focus on the statutory elements and digital evidence.
Possible defence arguments include:
The accused did not own or control the account.
The account was fake or impersonated.
The screenshots are incomplete or manipulated.
The words do not reach the level of criminal insult.
The statement was criticism, not insult.
The message does not contain a legally punishable threat.
There was no persistence required for Article 123 or 123/A.
The accused had no intent to disturb the victim’s peace.
The communication was mutual and taken out of context.
The evidence was obtained unlawfully.
The IP address does not prove personal use.
The device was used by others.
The complaint was filed after the legal period.
In online speech cases, context is crucial. Courts must distinguish between criminal speech, harsh criticism, mutual argument, private conflict and unlawful harassment.
19. Practical Checklist for Victims
A victim of cyberbullying, online harassment or threats in Turkey should take the following steps:
Do not delete messages or posts.
Take screenshots showing date, time, username and platform.
Save URLs and account links.
Preserve original e-mails and headers.
Export chats where possible.
Keep call records and voice messages.
Do not engage in escalating replies.
Block the perpetrator after preserving evidence.
Record fake accounts and repeated contact attempts.
Warn trusted people if impersonation is used.
File a criminal complaint without delay.
Request platform records and IP logs.
Seek content removal if harmful content is online.
Consider protective measures if safety risk exists.
Document psychological, reputational or financial harm.
This structured approach increases the chance of a successful investigation.
20. Prevention for Individuals and Companies
Individuals should use strong passwords, two-factor authentication, privacy settings, account recovery security and caution with unknown links. They should avoid sharing private images with unreliable persons and should be careful with location sharing.
Companies, influencers and professionals should monitor impersonation, secure social media accounts, limit admin rights, remove former employees from accounts, preserve brand-related evidence and create response plans for online harassment or fake profiles.
Schools, employers and platforms also have a role in preventing cyberbullying. Internal policies, reporting channels, digital safety training and rapid response mechanisms can reduce harm.
Conclusion
Cyberbullying, online harassment and threats under Turkish criminal law require careful legal classification. Turkish law does not punish “cyberbullying” as one general offence; instead, the conduct may constitute threat under Article 106, insult under Article 125, disturbing peace and harmony under Article 123, persistent stalking under Article 123/A, sexual harassment under Article 105, blackmail under Article 107, privacy violation under Article 134, personal data offences under Articles 135–136, or cybercrimes under Articles 243–244.
For victims, the most important steps are preserving digital evidence, filing a timely and detailed criminal complaint, requesting platform and IP records, seeking removal of harmful content and documenting damage. For serious stalking, threats or domestic violence-related online harassment, protective measures should also be considered. For defendants, the key issues are identity, intent, context, lawful evidence and whether the alleged words or acts meet the statutory elements of a crime.
Online abuse can damage dignity, privacy, reputation, safety and psychological well-being. Turkish criminal law provides several remedies, but effective protection depends on fast action, accurate legal qualification and strong digital evidence.
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