New publicity criterion from the Court of Cassation for insult crimes on social media

The 4th Criminal Chamber of the Court of Cassation ruled that in insult crimes committed on social media, the element of publicity must be evaluated by taking into account whether the account is open to everyone and the degree of visibility of the posts.

Insult Lawsuit on Social Media

The local court completed the trial process regarding an insult incident that occurred via social media between former fiancés in the Ödemiş district of İzmir. The Ödemiş 2nd Criminal Court of First Instance sentenced the man, who sent insulting messages to his former fiancé, to one year, five months, and fifteen days in prison.

Appeal and Court of Cassation Process

As a result of the man's objection to the conviction, the file was taken to the appellate stage, but the decision remained unchanged. Thereupon, the file was sent for review by the Court of Cassation, and the Supreme Court handled the file in detail.

Investigation of the Publicity Element

While the 4th Criminal Chamber of the Court of Cassation found no illegality in the local court's evaluation of evidence, it ruled that the social media post had not been sufficiently investigated in terms of publicity. It was examined whether the account where the post was made was open to everyone and the degree of visibility.

Reassessment and Reversal

The Supreme court emphasized that it must be determined whether the element of publicity has materialized. It was requested that issues such as the suspension of the defendant's sentence, his remorse, and the application of the simple trial procedure be reconsidered.