This is the English version of a Turkish article. The original, with further detail and linked petition templates, is at Sosyal Medyada Hakaret: Şikâyet, Delil ve Ceza.
A comment, a quoted post, a message. Insult on social media usually takes seconds and is deleted within hours. Its legal consequences run for years.
Two things have to happen at once: fixing the evidence before it disappears, and not missing the six-month complaint period. This article covers both, how an anonymous account is traced, and why the claim for damages runs separately from the criminal route.
What Counts as Insult?
Under Article 125 of the Criminal Code, insult is committed by attributing to a person a concrete act or fact capable of injuring their honour, dignity and reputation, or by abusing them.
That definition covers two different things. The first is attribution: alleging a concrete fact — “he stole that money”, “she defrauds her customers”. The second is abuse: swearing, or a degrading epithet.
Harsh criticism is not insult. Disliking a service, criticising a decision sharply, complaining loudly — all of that is freedom of expression. The line is this: criticism is directed at the work, the product, the decision; insult is directed at the person.
A curse, a coarse phrase or plain rudeness may not by itself amount to insult either. The court weighs the context in which the words were used, the relationship between the parties, and the register of the setting.
Committing It Publicly Increases the Penalty
Article 125/4 provides that where insult is committed publicly, the penalty is increased by one sixth.
A post visible to everyone, a comment on an open profile, or a large group can satisfy the requirement of publicity. A private message between two people does not: the offence is still committed, but the increase does not apply.
Another distinction matters: insult in the victim's presence or in their absence. For insult in the victim's absence to be punishable, the words must have been communicated to at least three people (Article 125/1). On social media that condition is usually met by the posting itself.
Why a Screenshot Is Not Enough
The commonest mistake is to take a screenshot and wait. A screenshot is an image anyone can produce; by itself it does not prove that the content was really published, or when, or from which account.
How to make the evidence hold:
- Record the URL. The full address of the content, together with the date and time.
- Have a notarial record made. The notary records the content as observed. Even if it is deleted afterwards, the record remains. This is the strongest evidence in practice.
- Capture the whole page. Not just the comment: take a wide capture showing the account name, the date of the post and the surrounding context.
- Name witnesses. People who saw the content can support it with their evidence if it is deleted.
In the complaint, ask expressly that the records be sought from the platform. The prosecutor can require the content and subscriber information from the provider — but those records are deleted after set periods, so the request must not be left late.
Tracing an Anonymous Account
Not knowing who the offender is does not prevent a complaint. The suspect is named as unknown, and identifying them is a matter for the investigation.
Identification usually runs like this: the platform is asked for the information used to open the account and the IP records; the internet service provider is then asked which subscriber the IP belonged to.
The chain can break at several points: platforms based abroad do not answer every request, retention periods may have expired, and a shared network or a VPN makes tracing harder. Applying early directly improves the chances of identification.
Six Months, and from When
Insult is an offence prosecuted on complaint. Unless a complaint is made within six months of the day you learned of the act and of the offender, no investigation can be conducted (Article 73).
The period runs not from the date of the act but from the date you learned of it. If you saw an old post later, the period starts on that day — say so expressly in the complaint.
With anonymous accounts the requirement of “learning of the offender” is contested. The safe course is to complain without waiting, from the day you saw the content.
One further point: where insults were exchanged, the court may decline to impose a penalty on one or both parties (Article 129/3). If you answered back in an argument, bear that in mind.
The Criminal Route and the Civil Route Are Separate
A complaint seeks the punishment of the offender. Compensation for the injury to your feelings is the subject of separate proceedings: a claim for non-pecuniary damages in the civil court.
Neither route waits for the other; both can run at once. Evidence in the criminal file can be used in the civil claim, though an acquittal does not bind the civil judge in every case.
There is a third route: removal of the content. Under Act no. 5651 the criminal judgeship of the peace can be asked to block access and order the content removed. That application is independent of the criminal investigation and produces results far more quickly.
Content can be deleted at any moment. Before writing the complaint, record the URL, the date and a full capture, and have a notarial record made where you can. The complaint period is six months from the day you learned of the act and of the offender.
Frequently Asked Questions
Is harsh criticism insult?
No. Criticism directed at the work, the product or a decision is freedom of expression. Insult is directed at the person, by attributing a concrete discreditable fact or by abuse.
Is a screenshot enough?
Not on its own. Record the URL with the date and time, capture the whole page, name witnesses, and where possible have a notarial record made — that is the strongest evidence.
Can I complain about an anonymous account?
Yes. The suspect is named as unknown and identification is a matter for the investigation, through the platform's records and the internet service provider. Apply early, because those records are deleted.
How long do I have to complain?
Six months from the day you learned of the act and of the offender — not from the date of the post. Say in the complaint when you saw it.
How do I get the content taken down?
By applying to the criminal judgeship of the peace under Act no. 5651 to block access and remove the content. That is separate from the criminal complaint and much faster.