Court of Cassation issues ruling on publicity criterion in social media insult cases
The High Court emphasized that in social media insult offenses, the privacy status and visibility of the account must be examined to determine the element of publicity.
The 4th Criminal Chamber of the Court of Cassation signed an important precedent ruling regarding the determination of the publicity criterion in insult offenses committed via social media.
The Process of Bringing the Incident to the Judiciary
A dispute and allegations of insults between former fiancés via social media in the Ödemiş district of İzmir were referred to the court. The Ödemiş 2nd Criminal Court of First Instance sentenced the defendant to prison on the grounds that they sent insulting messages to their former fiancé.
Appellate and Court of Cassation Stage
The defendant side appealed the local court's decision of 1 year, 5 months, and 15 days in prison. After the appellate court also found the sentence appropriate, the case file was carried to the Court of Cassation, and the Chamber completed its review.
Element of Publicity and Account Privacy
While finding the evaluation of evidence lawful, the 4th Criminal Chamber of洳 Court of Cassation ruled that the issue of publicity had been insufficiently investigated. The ruling stated that it must be determined whether the account where the crime was committed was open to everyone and how many people could see the shares.
Grounds for Reversal of the Decision
The High Court overturned the local court's decision, emphasizing that the defendant's personal situation, remorse during the trial process, and whether the simple trial procedure could be applied need to be re-evaluated.