Introduction
Cyberstalking in Turkey has become one of the most serious forms of digital harassment. It may begin with repeated messages, unwanted calls, fake social media accounts, online monitoring, persistent tagging, anonymous e-mails or attempts to contact the victim through friends and family. Over time, it may develop into threats, blackmail, publication of private data, account hacking, reputational attacks, identity theft, physical stalking or domestic violence.
Cyberstalking is not merely annoying communication. It is a pattern of persistent conduct that can create serious fear, anxiety, loss of personal freedom and concern for physical safety. Victims may change phone numbers, close social media accounts, avoid public places, leave jobs, change schools or move homes because of repeated online pursuit.
Turkish law now includes a specific offence of persistent stalking under Turkish Penal Code Article 123/A. This article was added to the Turkish Penal Code by Law No. 7406 in 2022 and criminalizes persistent physical following or attempts to contact a person through communication tools, information systems or third persons where the conduct causes serious uneasiness or concern for safety. Legal summaries of Article 123/A describe the basic penalty as imprisonment from six months to two years, with aggravated forms carrying imprisonment from one to three years in certain situations, such as where the victim is a child, a divorced spouse or a person protected by certain preventive measures.
This article explains cyberstalking in Turkey from a practical legal perspective. It covers Turkish Penal Code Article 123/A, related offences such as threats, insult, blackmail, privacy violations and personal data crimes, criminal complaint strategy, digital evidence, content removal, protection measures, civil compensation and defence arguments.
1. What Is Cyberstalking?
Cyberstalking means persistent unwanted pursuit, contact, monitoring or harassment through digital means. It may occur through social media, messaging applications, e-mail, phone calls, online gaming platforms, location-sharing tools, fake profiles, spyware, cloud accounts or third-party intermediaries.
Examples of cyberstalking include:
Repeatedly sending messages despite being blocked.
Creating new accounts to continue contact.
Monitoring the victim’s social media activity.
Tagging the victim in unwanted posts.
Sending messages to the victim’s family, friends or workplace.
Using anonymous accounts to intimidate the victim.
Tracking location through shared devices or applications.
Sending gifts, deliveries or unwanted items after online monitoring.
Publishing private information to pressure the victim.
Threatening to disclose private photographs or messages.
Contacting the victim through mutual acquaintances.
The key element is persistence. A single unwanted message may be disturbing, but cyberstalking usually involves repeated behaviour that creates serious uneasiness, fear or disruption in daily life.
2. Turkish Penal Code Article 123/A: Persistent Stalking
Article 123/A is the central provision for stalking cases in Turkey. The offence covers persistent physical following or attempts to contact a person by using communication and communication tools, information systems or third persons. The conduct must cause serious uneasiness in the victim or make the victim concerned about their own safety or the safety of relatives.
This wording is highly important for cyberstalking because it expressly refers to communication tools and information systems. Therefore, stalking does not need to occur physically. Repeated WhatsApp messages, Instagram accounts, e-mails, fake profiles, unwanted calls, social media tagging or attempts to reach the victim through friends may fall within the legal framework if the other elements are met.
The basic penalty is imprisonment from six months to two years. Aggravated forms may apply where the offence is committed against a child, against a spouse from whom the perpetrator is separated or divorced, where the conduct causes the victim to change school, workplace or residence or leave school or work, or where the offence is committed by someone subject to a restraining or non-approach measure. These aggravated forms may carry imprisonment from one to three years.
3. The Difference Between Cyberstalking and Ordinary Online Harassment
Not every online conflict is cyberstalking. Online arguments, isolated insults, one-time unwanted messages or ordinary social media disagreements may fall under different legal categories or may not be criminal at all. Cyberstalking requires a persistent pattern and a serious effect on the victim.
The difference can be explained as follows:
A single rude message may be insult if it attacks honour and dignity.
A single message saying “I will harm you” may be threat.
Repeated unwanted messages, calls, fake accounts and attempts to contact the victim despite refusal may amount to stalking.
Repeated anonymous monitoring and messages that cause the victim to fear for safety may fall under Article 123/A.
This distinction matters in criminal complaints. A complaint should not merely say “I am being harassed.” It should explain the pattern, persistence, repeated attempts, emotional impact and safety concern.
4. Elements of Cyberstalking Under Article 123/A
For Article 123/A to apply, several elements should be evaluated.
First, there must be persistent conduct. The behaviour must not be isolated or accidental. Repeated calls, messages, account creation, tagging, monitoring or attempts to reach the victim may show persistence.
Second, the conduct must involve physical following or attempts to contact the victim through communication tools, information systems or third persons. Cyberstalking often satisfies this element through messaging apps, social media, e-mail or digital platforms.
Third, the conduct must cause serious uneasiness or safety concern. This is more than ordinary annoyance. The victim may feel unsafe, watched, controlled or psychologically pressured.
Fourth, there must be intent. The perpetrator must knowingly and willingly engage in the persistent conduct.
A well-prepared criminal complaint should address each element separately. The victim should not only attach screenshots but also explain how the conduct changed daily life, created fear or caused protective measures to become necessary.
5. Common Cyberstalking Scenarios in Turkey
Cyberstalking may appear in many forms.
Ex-Partner Cyberstalking
A former partner may repeatedly send messages, create fake accounts, contact the victim’s friends, monitor social media activity, threaten to publish private images or appear near locations discovered online. These cases may also involve domestic violence risks and protective measures.
Workplace Cyberstalking
A former colleague, client, employee or manager may repeatedly contact the victim, send unwanted e-mails, monitor professional profiles, damage reputation, share private work-related information or use corporate systems to track the victim.
Social Media Cyberstalking
The perpetrator may create multiple fake accounts, comment under every post, send direct messages, tag the victim, publish stories about the victim or contact followers.
Technology-Facilitated Stalking
The perpetrator may use location-sharing applications, spyware, cloud accounts, shared passwords, smart devices, tracking tags or compromised e-mail accounts to monitor the victim.
Third-Party Contact
The stalker may contact the victim’s family, friends, workplace, school or clients to pressure the victim or continue unwanted communication indirectly.
Each scenario may require different evidence and legal remedies.
6. Cyberstalking and Threats
Cyberstalking often includes threats. Under Turkish Penal Code Article 106, threatening a person with an attack against life, physical integrity or sexual immunity may be punishable by imprisonment. Threats concerning serious property damage or other harm may also be punishable upon the victim’s complaint, depending on the facts.
Examples include:
“I will come to your home.”
“I know where you work.”
“I will hurt you.”
“I will harm your family.”
“I will publish your private photos.”
“I will destroy your reputation.”
If threats are part of a broader pattern of pursuit, both Article 106 and Article 123/A should be evaluated. The complaint should separate the stalking pattern from specific threatening statements.
7. Cyberstalking, Insult and Defamation-Like Conduct
Cyberstalking may involve insulting posts, humiliating messages, public shaming or reputational attacks. Turkish Penal Code Article 125 regulates insult. Online insults may be committed through written, audio or visual communication, depending on the content and circumstances.
However, insult and stalking protect different interests. Insult protects honour and dignity. Stalking protects personal freedom, peace and safety. A stalker may commit both offences if the conduct includes repeated pursuit and insulting messages.
A criminal complaint should quote the exact insulting expressions and attach evidence showing where, when and by whom they were sent or published.
8. Cyberstalking and Disturbing Peace Under Article 123
Before Article 123/A, many stalking-like behaviours were evaluated under Article 123, which regulates disturbing a person’s peace and harmony. Article 123 concerns persistent calls, making noise or similar unlawful acts committed with the purpose of disturbing someone’s peace and tranquility. Academic commentary describes Article 123 as protecting a person’s right to live peacefully and highlights the importance of persistence and the purpose of disturbing peace.
Article 123/A now provides a more specific framework for persistent stalking. However, Article 123 may still be relevant in cases where the conduct disturbs peace but does not reach the threshold of serious uneasiness or safety concern required for Article 123/A.
The distinction should be made carefully. If the conduct includes repeated attempts to contact the victim through digital means and causes serious fear or safety concern, Article 123/A is often more appropriate.
9. Cyberstalking and Blackmail
Cyberstalking may escalate into blackmail. A stalker may threaten to publish private photographs, messages, videos or personal information unless the victim meets certain demands. These demands may include money, renewed contact, withdrawal of a complaint, sexual content, continuation of a relationship or silence.
Blackmail is regulated under Turkish Penal Code Article 107. In cyberstalking cases, blackmail may appear as sextortion, revenge porn threats or coercive use of private data. Where blackmail is present, the complaint should include all payment demands, threats, messages, account names, phone numbers, wallet addresses, IBANs and evidence of private content.
Blackmail often creates urgent risk. The victim may need not only a criminal complaint but also content removal and protective measures.
10. Privacy Violations and Private Images
Cyberstalking may involve private photographs, intimate images, private messages or hidden recordings. Turkish Penal Code Article 134 protects private life. If private images or recordings are disclosed or threatened to be disclosed, the case may involve privacy offences in addition to cyberstalking.
This is common in post-relationship stalking. The perpetrator may repeatedly contact the victim and threaten to publish private content. Even if the victim originally shared an image voluntarily with one person, this does not mean consent to public distribution. Consent is limited to context and purpose.
If private content is published online, evidence should be preserved immediately before removal. Then urgent access blocking or takedown should be considered.
11. Personal Data Crimes and Doxxing
Cyberstalking may include doxxing, meaning publication of personal information such as home address, phone number, workplace, school, identity information, family details or private contact data. Under Turkish law, personal data is protected by both the Turkish Penal Code and the Personal Data Protection Law No. 6698.
The KVKK states that its purpose is to protect fundamental rights and freedoms, particularly privacy, in relation to personal data processing. Article 136 of the Turkish Penal Code may become relevant where personal data is unlawfully obtained, delivered or published.
Doxxing can create real-world safety risks. If a stalker publishes the victim’s address or workplace, the complaint should emphasize the safety concern and request urgent action.
12. Cyberstalking Through Fake Accounts
Fake accounts are frequently used in cyberstalking. A stalker may create accounts under false names, use the victim’s photograph, imitate the victim, contact the victim’s friends or continue messaging after being blocked.
Evidence should include:
Profile URLs.
Usernames.
Screenshots of messages.
Account creation indicators, if available.
Posts, comments and tags.
Profile photographs.
Common language patterns.
Phone numbers or e-mails linked to the account, if known.
Witnesses who received messages.
If the fake account impersonates the victim, personal data offences, insult, fraud or identity misuse may also be considered. If the account publishes private content, Law No. 5651 remedies may be needed.
13. Content Removal and Access Blocking
Cyberstalking cases often involve online content: private images, personal data, insulting posts, fake accounts, threats or defamatory content. Criminal prosecution may punish the perpetrator, but it may not remove harmful content immediately.
Law No. 5651 Article 9/A allows persons claiming that their privacy is violated through internet content to apply directly to the Authority and request access blocking. The provision requires identification of the specific URL or content, and the measure is generally applied by blocking access to the specific URL, image, video or section violating private life. The applicant must then submit the request to the criminal judgeship of peace within twenty-four hours, and the judge must decide within forty-eight hours; otherwise, the measure becomes void.
This remedy is especially important where cyberstalking includes private images, intimate videos, private messages, home address publication or sensitive private information. Evidence should be preserved before takedown or access blocking requests are made.
14. Protection Orders and Safety Measures
Cyberstalking may create serious safety risks, especially where the stalker is an ex-partner, former spouse, family member or person with a history of violence. In such cases, criminal complaint alone may not be sufficient. Protective and preventive measures may be needed.
Depending on the facts, victims may seek measures such as non-contact orders, non-approach orders, restrictions on communication, removal from shared residence or other protective steps under the relevant protective legislation. If the perpetrator already has a restraining or non-approach order and still commits stalking, aggravated punishment under Article 123/A may be discussed.
The victim should document all violations of existing measures. Each message, call, tag, visit or third-party contact may be relevant.
15. Digital Evidence in Cyberstalking Cases
Digital evidence is the foundation of cyberstalking complaints. The pattern is often more important than one isolated message. Therefore, evidence should be organized chronologically.
Important evidence includes:
Screenshots of messages.
Call logs.
SMS records.
WhatsApp, Telegram and Instagram messages.
E-mail headers.
Fake account URLs.
Posts, comments and tags.
Voice messages.
Threatening videos or images.
Location-sharing records.
Evidence of spyware or account access.
Witness statements.
Messages sent to family, friends or workplace.
Records showing blocking and repeated contact from new accounts.
Victims should avoid deleting messages after taking screenshots. Original messages, URLs and platform records are stronger than cropped images. Where possible, screenshots should show the date, time, username and platform.
16. Criminal Complaint Strategy
A cyberstalking complaint should be detailed and structured. It should show the pattern of persistence, the victim’s refusal or discomfort, the repeated contact attempts and the serious effect on the victim.
A strong complaint should include:
The victim’s identity information.
The suspect’s identity, if known.
The relationship between the parties.
Timeline of repeated conduct.
Platforms and accounts used.
Screenshots and original records.
Evidence of blocking and continued contact.
Messages sent to third parties.
Threats, insults or blackmail content.
Private data or images used.
How the conduct affected daily life.
Whether the victim changed phone number, residence, workplace or school.
Whether protective measures exist.
Requests for platform, IP and phone records.
Legal qualification under Article 123/A and related offences.
The complaint should not be written as a general emotional narrative only. It should connect facts to legal elements.
17. Complaint Requirement and Timing
Persistent stalking under Article 123/A is generally treated as a complaint-dependent offence in practice. Legal summaries state that investigation and prosecution of the offence are subject to complaint. Therefore, victims should not delay.
Even if the pattern has continued for months, a lawyer should carefully assess complaint periods, discovery of the offender, new acts, repeated conduct and related offences. Some related offences may have different complaint requirements. Early action is also important because digital logs may disappear.
18. Cyberstalking and Children
Cyberstalking against children is especially serious. A child may be contacted through social media, gaming platforms, messaging applications, school groups or fake accounts. Persistent online contact may create fear, manipulation, grooming risk, sexual harassment or exploitation.
Article 123/A includes aggravated treatment where the offence is committed against a child. Depending on the facts, other offences involving children, sexual harassment, threats, privacy or personal data may also arise.
Parents and guardians should preserve evidence carefully and avoid deleting accounts before records are saved. Schools may also need to be informed if the stalking affects the child’s safety or education.
19. Cyberstalking in Domestic Violence Context
Cyberstalking is common after separation, divorce or relationship breakdown. A former partner may use digital control to continue psychological pressure. This may include repeated messages, location tracking, fake accounts, threats, private image blackmail, contacting relatives, monitoring workplace activity or using children as intermediaries.
These cases should be treated seriously because online stalking can escalate into physical violence. The complaint should emphasize risk factors, prior violence, threats, weapons, attempts to approach the home or workplace and violation of protective measures.
Where the victim is a divorced spouse or a spouse subject to separation, aggravated forms of Article 123/A may be relevant.
20. Civil Compensation Claims
Cyberstalking may cause material and moral damages. Victims may claim compensation where unlawful conduct causes psychological harm, reputational damage, loss of employment, relocation expenses, therapy costs, loss of business or privacy violation.
Moral damages are especially important where the victim suffers fear, humiliation, anxiety, depression, reputational harm or loss of personal freedom. A criminal conviction may support civil claims, but compensation still requires proof of damage and causal connection.
Evidence may include medical reports, psychological support records, workplace records, witness statements, relocation expenses, screenshots and criminal file documents.
21. Defence Strategies in Cyberstalking Allegations
A person accused of cyberstalking may face serious consequences. Defence strategy should examine whether the statutory elements are actually proven.
Possible defence arguments include:
The contact was not persistent.
The accused did not control the alleged accounts.
The communication was mutual.
The victim continued voluntary contact.
The messages were taken out of context.
There was no serious uneasiness or safety concern.
The conduct was not intended to stalk or intimidate.
The screenshots are incomplete or manipulated.
The accused had lawful reason to communicate, such as child-related matters.
The alleged conduct falls under a civil or family dispute, not criminal stalking.
The complaint was filed outside the legal period.
Defence should be careful. Legitimate communication about children, business or legal matters may be lawful, but repeated unnecessary contact, emotional pressure or abusive messages can still create criminal risk.
22. Practical Checklist for Victims
A victim of cyberstalking in Turkey should:
Preserve all messages and call logs.
Take screenshots showing date, time, username and platform.
Save URLs of fake accounts and posts.
Do not delete original messages.
Record every new account used for contact.
Preserve evidence of blocking and continued attempts.
Save messages sent to family, friends or workplace.
Avoid emotional escalation.
Inform trusted people if safety risk exists.
File a criminal complaint without delay.
Request platform, IP and phone records.
Seek protection measures if there is safety concern.
Request content removal if private content is online.
Document psychological, professional and financial harm.
This structured approach strengthens both the criminal complaint and possible civil claims.
23. Practical Checklist for Lawyers
A lawyer handling a cyberstalking case should ask:
Is the conduct persistent?
Which platforms were used?
Was the victim contacted after refusal or blocking?
Did the conduct cause serious uneasiness?
Did the victim fear for safety?
Is there an ex-partner or domestic violence context?
Are there existing protection orders?
Were children involved?
Were threats or blackmail made?
Was private data or content published?
Are there fake accounts?
Are platform records needed?
Is Article 123/A sufficient, or should Articles 106, 107, 134, 136, 243 or 244 also be considered?
Is Law No. 5651 Article 9/A needed for private content?
Is a civil compensation claim appropriate?
This checklist helps avoid a generic complaint and creates a legally persuasive file.
24. Prevention and Digital Safety
Victims and potential victims can reduce cyberstalking risk through digital safety measures:
Use strong passwords.
Enable two-factor authentication.
Review privacy settings.
Disable unnecessary location sharing.
Check devices for spyware.
Remove unknown cloud sessions.
Avoid sharing live location publicly.
Restrict social media visibility.
Document suspicious accounts.
Do not respond to repeated harassment except through legal channels.
Inform friends and family not to share information with the stalker.
Change passwords after relationship breakdown or workplace conflict.
Companies, schools and families should also take cyberstalking seriously. Persistent online pursuit can be a warning sign of escalation.
Conclusion
Cyberstalking in Turkey is a serious criminal and personal safety issue. Turkish Penal Code Article 123/A provides a specific legal framework for persistent stalking, including attempts to contact a person through communication tools, information systems or third persons where the conduct causes serious uneasiness or concern for safety. Cyberstalking may also involve threats under Article 106, disturbing peace under Article 123, blackmail under Article 107, privacy violations under Article 134, personal data offences under Article 136, and cybercrime offences under Articles 243 and 244.
For victims, the strongest response is fast and evidence-based. Messages, calls, screenshots, account URLs, fake profiles, third-party contact attempts, threats and privacy violations must be preserved. A criminal complaint should explain persistence, serious uneasiness, safety concern and the effect on daily life. If private content is published online, Law No. 5651 Article 9/A may provide urgent access-blocking options. If there is a domestic violence or ex-partner context, protective measures should be considered.
For suspects, defence depends on persistence, intent, mutual communication, account ownership, context and whether the conduct truly caused serious uneasiness or safety concern. Not every online dispute is cyberstalking, but repeated unwanted digital pursuit can cross the criminal threshold.
In Turkey’s digital environment, cyberstalking can damage privacy, freedom, reputation and safety. Effective legal protection requires timely complaint, precise evidence, correct legal classification and a strategy that combines criminal law, digital evidence, protection measures and civil remedies.
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