Crimes Committed on Social Media and How They Are Detected

This article is an English translation of the Turkish original published by the office.

In an increasingly digital world, the ways crimes are committed are also changing. The spread of social media platforms and the rapid growth of their users worldwide have turned them into spaces where various crimes are committed; it could even be said that they have made committing some crimes easier. Two people who might hesitate to insult each other face to face can comfortably write words amounting to an offence on their phones from a distance. In this article we look at the crimes that social media posts may constitute and their criminal consequences.

Crimes committed through social media

The development of the internet and the rapid spread of social media have increased cybercrime and diversified its forms. Many crimes — the takeover of personal data and accounts, fraud, sexual harassment and insults — are commonly committed through information technologies and social media.

The lack of oversight on the internet and social media offers users unlimited room to share. Some users take the opportunity to commit verbal violence against others or spread their private information and images; some do not even know that their comments or posts may be crimes. Social media is not a space outside the law: if anything written, said or shared violates a provision of the Turkish Criminal Code, there will of course be consequences.

In practice, the offences most often committed through social media include:

• Incitement to suicide (TCC Art. 84)
• Sexual harassment (Art. 105)
• Threats (Art. 106)
• Blackmail (Art. 107)
• Hatred and discrimination (Art. 122)
• Disturbing a person’s peace and tranquillity (Art. 123)
• Obstructing communication (Art. 124)
• Insult (Art. 125)
• Violating the confidentiality of communication (Art. 132)
• Listening to and recording conversations between persons (Art. 133)
• Violating the privacy of private life (Art. 134)
• Recording personal data (Art. 135)
• Unlawfully giving or obtaining data (Art. 136)
• Aggravated fraud (Art. 158)
• Trafficking in narcotics or stimulants (Art. 188)
• Facilitating the use of narcotics or stimulants (Art. 190)
• Incitement to commit crime (Art. 214)
• Praising a crime or criminal (Art. 215)
• Inciting the public to hatred and hostility, or degrading (Art. 216)
• Incitement to disobey the law (Art. 217)
• Publicly disseminating misleading information (Art. 217/A)
• Propaganda for a criminal organisation (Art. 220/8)
• Indecent acts and obscenity (Arts. 225–226)
• Providing a place or means for gambling (Art. 228)
• Destroying, concealing or altering evidence (Art. 281)
• Unauthorised access to an information system (Art. 243)
• Hindering or disrupting a system, deleting or altering data (Art. 244)
• Misuse of bank or credit cards (Art. 245)
• Defamation by false accusation (Art. 267)
• Using another person’s identity or identity information (Art. 268)
• Attempting to influence judicial officers, experts or witnesses (Art. 277)
• Attempting to influence a fair trial (Art. 288)
• Insulting the President (Art. 299)
• Degrading the symbols of State sovereignty (Art. 300)
• Degrading the Turkish Nation, the State and its institutions (Art. 301)
• Alienating the public from military service (Art. 318)
• Inciting soldiers to disobedience (Art. 319)
• Spreading false news in wartime (Art. 323)
• Disclosing information on State security and political interests (Art. 329)
• Disclosing information that must remain secret (Art. 330)
• Disclosing prohibited information (Arts. 336–337)
• Publicly insulting the memory of Atatürk (Law No. 5816, Art. 1)
• Terrorist organisation propaganda (Anti-Terror Law No. 3713, Art. 7/2)

How crimes committed on social media are detected

Since these crimes are committed through information systems, collecting evidence and identifying offenders has its own features. The collection of electronic evidence — searching computers — is regulated in Article 134 of the Code of Criminal Procedure: “In an investigation conducted for an offence, where there is no other way to obtain evidence, the judge decides, at the request of the public prosecutor, on searching the computers, computer programs and computer logs used by the suspect, copying computer records and decoding these records into text.”

Under this provision, if computers, programs or logs cannot be accessed because a password cannot be broken, or hidden information cannot be reached, these devices may be seized so that decoding can be done and the necessary copies taken. Since evidence of crimes committed on social media is located on computers, Article 134 must be applied — but the limits set by the law must be respected when applying this protective measure, and search and seizure must be carried out within the principles the law makes mandatory.

As seen above, many crimes can be committed through social media, each with serious sanctions. It is important for users to be careful in their posts and aware of their legal responsibility; users may be victims of crimes committed in this environment, but they may also be offenders. Whether you are accused of a crime on social media or are a victim, help from an experienced lawyer is very important.

Türker Law Office provides legal representation in investigations and prosecutions concerning offences allegedly committed through social media and information systems, including defence of suspects and accused persons, representation of victims and complainants, assessment of digital evidence, criminal complaints and other steps in criminal proceedings.