Defamation and Insult under Turkish Criminal Law: Legal Framework and Remedies

Defamation and Insult under Turkish Criminal Law

Under Article 125 of the Turkish Penal Code (TCK), both defamation and insult constitute criminal offenses in Turkey. With the rise of social media, public confrontations, and reputation-based attacks, defamation cases have significantly increased. At ER&GUN&ER Law Firm, our English Speaking Turkish Lawyers represent victims and defendants in insult-related complaints, prosecution stages, and civil damage claims.

What Is Considered an Insult under Turkish Criminal Law?

According to Article 125 of the Turkish Penal Code:

“A person who attributes an act or a fact to another in a manner that may offend the person’s honor, dignity or reputation, or who attacks one’s honor, dignity or reputation by swearing, shall be sentenced to imprisonment from three months to two years or to a judicial fine.”

The key elements are:

  • Targeting a specific individual (identified or identifiable)
  • Attribution of false statements or direct verbal attack
  • Intent to degrade reputation
  • Absence of legitimate public interest or legal duty

Types of Insult and Contexts

  • Direct insult: Verbal, written, or digital messages aimed at a person
  • Indirect insult: Insult conveyed to third parties about the victim
  • Public insult: Acts committed in public settings, via media or social networks
  • Insult against public officials: Subject to aggravating provisions under TCK 125/3

Aggravated Forms and Penalties

In cases of public insult or insults against civil servants in relation to their duties, the penalty is increased. Penalties include:

  • Imprisonment from 1 year to 4 years for aggravated insult
  • Judicial fine converted from imprisonment for minor cases
  • Publication of the judgment upon victim's request (optional)

Complaint Procedure (Şikayet Süreci)

Insult is a complaint-dependent crime. This means that unless the victim files a formal complaint within 6 months of learning the identity of the offender, prosecution is not initiated. Key steps:

  1. File a complaint with the Public Prosecutor’s Office or Police
  2. Provide screenshots, audio, witnesses, or message records
  3. Await investigation and potential indictment
  4. Participate as a complainant and civil party (müdahil) during the trial

Insults on Social Media Platforms

Increasingly, insults occur via WhatsApp, Instagram, Facebook, Twitter, or email. Turkish courts accept:

  • Screenshots with timestamps and usernames
  • Forensic reports and IP trace from BTK or prosecutor’s order
  • Eyewitnesses or chat participants confirming the insult

Our law firm assists in collecting digital evidence and filing cybercrime complaints in accordance with Turkish IT laws.

Defenses and Exemptions

  • Justifiable criticism: Harsh language used in political or public debate
  • Legal interest: Statements made during court proceedings, if relevant
  • Consent: If both parties engage in mutual derogatory statements

We develop tailored defense strategies based on the context and intent of the accused party.

Civil Claims for Moral Compensation

Victims of insult may also initiate civil lawsuits for moral damages under Article 58 of the Turkish Code of Obligations. Compensation depends on:

  • Severity of the insult
  • Public visibility or social media reach
  • Professional or reputational damage
  • Psychological or emotional distress

Insult vs. Defamation: What’s the Difference?

Insult (hakaret) involves direct attacks on dignity or honor, whereas defamation (iftira) under Article 267 TCK involves falsely accusing someone of a crime. Defamation is punished more severely (2–6 years imprisonment).

Internal Resources and Related Legal Guides

Contact Our Criminal Defense and Defamation Lawyers

If you have been insulted publicly or online, or if you face a complaint under TCK Article 125, contact our legal team immediately. ER&GUN&ER Law Firm provides strategic representation in criminal courts, handles evidence collection, and protects your rights through criminal and civil proceedings. Work with our English Speaking Turkish Lawyers for discreet and effective defense or victim advocacy.