Insulted on Social Media in Turkey: What Should I Do? Evidence, Criminal Complaint and Damages

1. What counts as an insult on social media?

Under the Turkish Penal Code an insult is committed in two ways (art. 125(1) [1]):

• Attributing a specific act or fact that may harm a person's honour, dignity and reputation (e.g. "X stole money from work").
• Swearing at a person or attacking their honour with degrading words.

Penalty: in the basic form, three months to two years' imprisonment or a judicial fine (art. 125(1)). The minimum penalty is also one year where the insult is made because the person expressed, changed or tried to spread their religious, political, social or philosophical beliefs, thoughts and opinions or followed the rules of their religion, or by reference to values sacred in their religion (art. 125(3)(b), (c)).

Not every harsh remark is an insult

The line between insult and criticism depends on the facts. Harsh or hurtful statements that express an opinion on a subject may be protected by freedom of expression; prosecutors and courts look at the context, who the remark was about and the debate in which it was made. Whether a particular statement is a crime cannot be predicted with certainty.

What if you reply in kind?

Where an insult is a reaction to an unjust act, or insults are mutual, the judge may reduce the penalty by up to one third or impose none (art. 129 [1]). This means a person who replies may also become a suspect, and your own messages will appear in the same evidence.

2. How should I keep evidence?

• Take screenshots showing the content, the account name and username, and the date and time. For comments, include the original post.
• Copy the links (URLs) of both the post and the profile.
• Record your screen for short-lived content such as stories, showing the path from the profile to the content.
• Note witnesses who saw the content or were in the conversation.
• Do not delete anything from your own account.

Is a screenshot enough? A screenshot can be submitted as evidence, but the other side may dispute its authenticity. The prosecutor can investigate the content and account, if necessary by requesting information from the platform or relevant authorities. Depending on what is at stake, having the content recorded by a notary or asking a court for preservation of evidence (Code of Civil Procedure art. 400 [4]) may also be considered.

3. Where and by when do I file a complaint?

Where?

With the public prosecutor's office or the police/gendarmerie. Complaints filed with a governorship, district governorship or court are forwarded to the prosecutor (Code of Criminal Procedure art. 158 [5]). Attach the screenshots, links and witness details.

By when?

Valid as of 29 October 2026.

The two-year cap was introduced by Law No. 7531 of 7 November 2024. It does not apply to files that were already at the investigation or trial stage when the law entered into force (Code of Criminal Procedure provisional art. 7(1)). If the complaint period expires, no investigation or prosecution can take place (art. 73(1)).

Unknown author: if the account is fake or anonymous, you can file against "unknown persons". The six months run from when you learn who did it, but because the two-year cap runs from the date of the act, waiting can mean losing the right.

What happens after the complaint?

• Pre-payment (önödeme): except for insults to public officials because of their duties, insult falls within the pre-payment scheme (Penal Code art. 75(6)(a) [1]; added by Law No. 7531 and given its current form by Law No. 7571 of 24 December 2025). The suspect is invited to pay a statutory amount plus investigation costs within ten days; if they pay, no criminal case is brought (art. 75(1)). Otherwise the investigation continues. If an offence within the scheme is committed again within five years, pre-payment is not available for the same offence (art. 75(6)).
• No victim–offender mediation (uzlaştırma): it cannot be used for insult (Code of Criminal Procedure art. 253(3) [5]).
• Decision not to prosecute: you may object to the criminal judgeship of peace within two weeks of being notified (art. 173).
• Withdrawing the complaint: unless the law says otherwise, withdrawal ends the case, but it does not affect a defendant who does not accept it (Penal Code art. 73(4), (6)).

4. How can I get the content removed?

Important change: Article 9 of Law No. 5651, which allowed a criminal judgeship of peace to order removal or blocking of content for infringement of personality rights, was annulled by the Constitutional Court (E.2020/76, K.2023/172); the annulment took effect on 10 October 2024. At the research date no replacement provision is in force (Law No. 5651 [6]). Be careful with online sources describing the old procedure.

The main routes today:

1. Report to the platform under its own rules; the outcome is not guaranteed.
2. Civil action and interim injunction: you can ask the court to stop the attack, declare it unlawful and publish the judgment (Civil Code art. 25), and request an interim injunction to remove the content while the case is pending (Code of Civil Procedure art. 389 [4]).
3. If your private life is violated (e.g. private photos or information shared without consent), you can apply directly to the Cyber Security Presidency (Siber Güvenlik Başkanlığı) under art. 9/A of Law No. 5651 to have access blocked; you must then submit the request to a criminal judgeship of peace within 24 hours (art. 9/A(1), (5)). It covers privacy violations only, not insult alone.

5. Can I claim moral damages?

Yes. A person whose personality rights are infringed may claim a sum of money as moral damages; the judge may also issue a decision condemning the attack and order its publication (Code of Obligations art. 58 [3]). If the insult caused financial loss (e.g. loss of work), material damages may be claimed if proven (art. 49; Civil Code art. 25).

• Which court? The civil court of first instance (asliye hukuk mahkemesi) (Code of Civil Procedure art. 2 [4]).
• Where? At your own domicile or the defendant's (Civil Code art. 25, last paragraph).
• Is mediation mandatory first? Not as of the research date. Personality-rights compensation claims are not among the disputes for which Law No. 6325 makes prior mediation a condition of filing suit (lease, partition of co-owned property, condominium and neighbour disputes) (Law No. 6325 art. 18/B [7]).
• Must I wait for the criminal case? No. A civil claim can be brought even without a criminal complaint; the two routes are independent.
• How much? The law sets no fixed amount. The judge decides based on the seriousness of the words, how widely they spread, the parties' circumstances and the facts. An amount cannot be predicted in advance.

Limitation: the claim must be brought within two years of learning of the damage and the person liable, and in any case within ten years of the act. If the act is a crime with a longer limitation period under criminal law, that period applies (Code of Obligations art. 72(1) [3]). Since whether the longer period applies may be disputed in a given case, it is safer to work with the two-year period.

6. Hypothetical example

This example is purely hypothetical. A sees that B has posted a public, abusive comment under A's post in a neighbourhood group. A takes screenshots showing the comment, B's profile and the dates, saves the links and notes the names of two neighbours who saw it. Three months later A files a complaint with the prosecutor. The prosecutor sends B a pre-payment notice; B pays and no criminal case is brought. A also files a moral damages claim in the civil court; B's pre-payment does not prevent this. Whether damages are awarded, and how much, is for the court to decide.

7. FAQ

The account is on a platform hosted abroad. Can I still complain?

If the act was committed wholly or partly in Turkey, or its result occurred in Turkey, the offence is deemed committed in Turkey and Turkish law applies (Penal Code art. 8(1)). Identifying the person behind the account may take time, as it can depend on the platform's response to information requests.

The post has been deleted. Is there nothing I can do?

Deletion does not erase the offence. Screenshots, links and witness statements taken earlier can be used as evidence. Without them, proof becomes harder.

Is it an offence if I was insulted by implication, without my name?

It can be. Even if the victim's name is not stated or the accusation is only implied, the victim is treated as named where there is no doubt that the remark is aimed at them (Penal Code art. 126). This depends on the content and context.

What if the person is a minor?

Criminal responsibility depends on age: children under twelve at the time of the act bear no criminal responsibility, and special rules and reductions apply between twelve and eighteen (Penal Code art. 31). For compensation, the head of the household may also be liable for damage caused by a minor living in the household (Civil Code art. 369). Such cases need individual assessment.

If I withdraw my complaint, can I file again?

Unless the law says otherwise, withdrawal ends the case (Penal Code art. 73(4)). If, when withdrawing, you also expressly waive your personal claims, you can no longer sue in the civil courts either (art. 73(7)). Think carefully before withdrawing.

A post insults a deceased relative. What can I do?

Insulting the memory of a deceased person is a separate offence (Penal Code art. 130). The deceased's ascendants and descendants up to the second degree, spouse or siblings may file the complaint (art. 131(2)).