This is the English version of a Turkish article. The original, with further detail and linked petition templates, is at İzinsiz Fotoğraf ve Video Paylaşımı: Görüntü Hakkı.
Recording a person's image or voice without their consent, and disclosing it, are separate offences (Article 134 of the Criminal Code). Sharing without permission an image that was recorded with consent is also an offence: consenting to be filmed is not consenting to be published. To stop content spreading, apply for access to be blocked rather than waiting for the criminal process.
A photograph of you shared without permission, an image recorded secretly, a private video circulated.
The Criminal Code deals with these acts separately, and recording alone can be an offence even where nothing was shared. This article sets out your rights and the routes available.
Which Acts Are Offences?
Breach of privacy (Article 134/1): a person who breaches the privacy of another's private life is punished. Where the breach is committed by recording images or sound, the sentence is doubled.
Disclosure (Article 134/2): a person who unlawfully discloses images or sounds relating to another's private life is punished. Where the act is committed through the press or broadcasting, the sentence is increased by half.
An important detail: the Act states that the fact the images or sounds disclosed were recorded with the person's consent does not prevent the offence from arising. Circulating without consent an image filmed with consent is therefore an offence.
Recording and disseminating personal data (Articles 135 and 136): a person who unlawfully records personal data, or gives, disseminates or obtains it, is punished. Photographs and videos are personal data.
Breach of the privacy of communications (Article 132): a person who breaches the privacy of communications between others, or discloses their content, is punished.
These offences are as a rule prosecuted upon complaint, and the period is six months from learning of the act and of the perpetrator.
Who Owns the Right in an Image?
Independently of the criminal aspect, a person has personality rights in their own image.
Article 24 of the Civil Code: a person whose personality rights are unlawfully attacked may seek the court's protection against those responsible. Every attack on personality rights is unlawful unless justified by the consent of the person affected, by an overriding private or public interest, or by the exercise of a power conferred by law.
Article 25: the claimant may ask the court to prevent a threatened attack, to end an attack that is continuing, and to declare unlawful an attack that has ended but whose effects continue. They may also ask for the judgment to be communicated to third parties or published.
The claimant's rights to claim pecuniary and non-pecuniary damages are reserved, as is the right to claim that any profit obtained through the unlawful attack be handed over under the rules on agency without authority.
That last point matters: where your image has been used commercially, you may claim the profit made from it.
The Limits of Consent
Consent makes conduct lawful, but it is not unlimited.
Consent is given for a purpose. Consenting to be photographed at an event is not consent to that photograph being used in advertising.
Consent can be withdrawn. A person may withdraw consent to the use of their image, and can then require the use to stop.
Filming in public. General images taken in a place open to the public do not as a rule infringe personality rights. But where a person is singled out, is recognisable, and is used in a distressing context, an infringement arises.
Press freedom. For publications made in the exercise of the right to report news, four criteria are required together: truth, currency, public interest, and a rational connection between the subject and the way it is expressed. Where they are met, the publication is lawful.
Children. Sharing images of children requires the consent of those with parental responsibility — but the child's best interests govern, and a parent's consent does not make every publication lawful.
What to Do, and in What Order
- Preserve the evidence first. Screenshots showing the date and time, the address of the content, the account name, and a screen recording. Content disappears; the record must come first.
- Apply for access to be blocked. Under Article 9 of Law no. 5651 a person whose personality rights are infringed by online content may apply to the magistrate's court for criminal matters, which decides quickly. This is the fastest way to stop it spreading.
- Notify the platform and use its own removal procedure, keeping a record of the notification.
- Make a criminal complaint within the six-month period, asking expressly that traffic records be obtained from the platform and the access provider so that anonymous accounts can be traced.
- Claim damages in the civil courts — non-pecuniary damages, any pecuniary loss, and where the image was used commercially, the profit obtained.
| Route | What it achieves | Time |
|---|---|---|
| Blocking access (Law 5651) | The content is taken down or blocked | Decided quickly by the magistrate's court |
| Notification to the platform | Removal under its own rules | Varies |
| Criminal complaint | Investigation and prosecution | 6 months from knowledge |
| Civil claim | An order to stop, a declaration, and damages | Independent of the criminal case |
| Claim for profits | Handing over what was earned from the use | Under the rules on agency without authority |
Consenting to be filmed is not consenting to publication; the Act says so expressly.
The first instinct is to have the content taken down — but once it is gone, so is the evidence. Take dated screenshots and a screen recording, note the address and the account name, then apply for access to be blocked and make the complaint.
Frequently Asked Questions
Is it an offence to share a photo taken with my consent?
Yes. Article 134 states expressly that the fact the image was recorded with consent does not prevent the offence of disclosure from arising. Consenting to be filmed is not consenting to publication.
Is recording alone an offence, even if nothing was shared?
Yes. Breaching privacy by recording images or sound is itself an offence, and the sentence is doubled where the breach is committed by recording.
How long do I have to complain?
Six months from learning of the act and of the perpetrator; these offences are prosecuted upon complaint.
How do I get the content taken down quickly?
Apply to the magistrate's court for criminal matters under Article 9 of Law no. 5651 for access to be blocked; that is decided quickly, without waiting for the criminal process.
Can I claim money if my image was used commercially?
Yes. Besides damages, Article 25 of the Civil Code allows a claim that the profit obtained through the unlawful use be handed over.