Insult and False Accusation: Sentences and How to Complain

This is the English version of a Turkish article. The original, with further detail and linked petition templates, is at Hakaret ve İftira Suçu: Cezası ve Şikayet Yolu.

Insult consists in imputing to a person a concrete act or fact capable of injuring their honour, dignity and reputation, or in abusing them. As a rule it is prosecuted only upon complaint, and the period for complaining is six months from learning of the act and of the perpetrator. Its differences from the frequently confused offence of false accusation are set out in the table below.

As social media has spread, insult and false accusation have increased sharply. Offences that once required a face-to-face encounter or a letter are now committed far more easily online. A message on a chat application, a comment on a photo-sharing platform, a post on a microblogging site — any of these may constitute an offence.

What Is the Offence of Insult, and What Is the Sentence?

Article 125 of the Turkish Criminal Code (Law no. 5237) defines insult as imputing to a person a concrete act or fact capable of injuring their honour, dignity and reputation, or abusing them.

Its constituent elements are:

• Imputation of a concrete act or fact. Statements covering a particular event, such as “you are a thief” or “you stole money from the workplace last year”.
• Abuse. Using degrading or humiliating expressions also amounts to insult.
• Insult in the victim's absence. Where the person is not present, the words must have been communicated to at least three people. Words said to only one or two people in the victim's absence do not by themselves constitute the offence.
• Publicity. Where the insult is committed publicly, the basic sentence is increased by one sixth.
• Insulting a public official. Where a public official is insulted while performing their duty or on account of it, the sentence is heavier.

The basic sentence for insult is imprisonment from 3 months to 2 years, or a judicial fine. The court may impose a fine in place of imprisonment.

What Is the Right to Prove the Imputation?

Article 127 of the Criminal Code provides an important defence: if the act imputed is true and that truth is proved, no punishment is imposed.

Important limits apply, however:

• The defence operates broadly only where there is a public interest, or where the person was under a necessity to defend themselves.
• Where the imputation concerns private life, the defence is unavailable. A true fact about a person's private life, spread with intent to insult, cannot be defended on this basis.
• Even where the imputation is proved true, punishment may still follow if an intent to insult and a disproportionate use of language are established.

What Is False Accusation, and How Does It Differ?

Unlike insult, false accusation is not merely an unjustified statement. Under Article 267 it consists in imputing an offence that a person is known not to have committed to the competent authorities, with a view to having legal proceedings taken against them, or in fabricating evidence and placing it before those authorities.

Its distinguishing features are:

• The offence imputed must be wholly untrue.
• The untrue imputation must have been communicated to a competent authority (the prosecutor's office, the police, an administrative body). Merely saying it to others does not constitute the offence.
• The perpetrator must intend that legal proceedings (a criminal investigation, disciplinary proceedings and the like) be started against the victim.

The sentence is severe: the basic penalty is imprisonment from 1 to 4 years. If the person accused has been tried on account of the accusation the sentence is increased, and if they have been convicted it is increased substantially. Unfounded criminal complaints therefore carry serious consequences.

How Are Insults on Social Media Punished?

A large share of insult offences is now committed online. Posts, comments, group messages and videos on social platforms may all fall within the offence.

Points specific to social media:

• Publicity. Social media posts are in most cases treated as insults committed publicly, so the basic sentence is increased by one sixth.
• Anonymous accounts. Posts made from fake or anonymous accounts can still lead to the perpetrator through digital traces. Identification is possible via an IP address, a telephone number or device information.
• Deleted content. Deleting the post afterwards does not remove liability; what matters is proving the position at the moment it was published.
• Preserving evidence. The most critical step is recording the evidence before it disappears. Having a screenshot with its date and time certified by a notary, or obtaining a report from an IT forensics expert, is a significant advantage.

How Long Is the Complaint Period?

Timing is critical in both offences. Once the period passes, the right to complain may lapse and prosecution may become impossible.

• Insult (prosecuted upon complaint). A complaint must be made within 6 months of the date on which the victim learned of the offence and of the perpetrator. If that period passes the right to complain lapses.
• Insulting a public official on account of their duty. Not subject to complaint; the prosecutor opens an investigation of their own motion.
• False accusation. Likewise not subject to complaint; the prosecutor investigates once the offence comes to their attention.

The six-month period runs from the moment the victim learned of the offence, not from the date it was committed. If a victim learns of a social media post two months later, the period begins then.

How Is a Complaint Made?

If you are the victim of insult or false accusation:

1. Record the evidence at once. Save a screenshot of the message, post or recording together with its date and time, and have it certified by a notary if possible.
2. Prepare your complaint. You may apply to the public prosecutor's office by written petition, or give a statement orally and ask for it to be recorded. An application may also be made at a police station.
3. Submit the evidence in full. Dated and certified screenshots, the names of any witnesses, audio recordings and any other documents should be placed before the prosecutor.
4. The prosecutor's investigation. The prosecutor calls the suspect to give a statement and assesses it. If the evidence suffices, an indictment is drawn and proceedings begin.
5. Consider criminal mediation. Insult falls within the scope of criminal mediation. If the parties agree, the case is discontinued and compensation may form part of the agreement.
6. A civil claim alongside the prosecution. Loss caused by insult or false accusation may be claimed in a separate civil action for pecuniary and non-pecuniary damages.

How Does Unjust Provocation Affect the Sentence?

Article 129 of the Criminal Code deals with reciprocal insults. Where the insult was committed in reaction to a wrongful act, the sentence is reduced or may not be imposed at all. Where insults were exchanged, the court may decline to punish either party.

This matters particularly for insults exchanged in the course of an argument. For the provision to apply, the court must accept that the perpetrator acted in reaction to the other party's wrongful conduct.

“Any person who imputes to another a concrete act or fact capable of injuring their honour, dignity and reputation … shall be sentenced to imprisonment from three months to two years or a judicial fine.”

Turkish Criminal Code, Article 125