Precedent Approval from Court of Cassation in Social Media Photo Montage Case
The Court of Cassation upheld the 1-year and 8-month prison sentence given to a defendant who took a woman's Instagram photo without permission, manipulated it through montage, and used it for blackmail.
In Antalya, the local court's acquittal of a defendant who took a woman's face photo from her Instagram account without permission, manipulated it via montage, and committed blackmail in this manner was overturned by the appellate court, and the Court of Cassation has upheld the 1-year and 8-month prison sentence.
Development of the Incident and Criminal Complaint
A woman living in Antalya applied to judicial authorities claiming that the face photo on her Instagram account was taken without permission, manipulated through montage, and sent to her. In the lawsuit filed upon the complaint, the local court issued an acquittal.
Decision of the Appellate Court
In the expert report, manipulated obscene photos were detected on the defendant's phone, and it was ruled that the action constituted the crime under Article 136 of the Turkish Penal Code (TCK), resulting in the reversal of the acquittal and sentencing the defendant to 1 year and 8 months in prison.
Court of Cassation Process and Approval Decision
Reviewing the case file appealed by the defendant, the 12th Criminal Chamber of the Court of Cassation found no illegality in the processes of the local and appellate courts and unanimously upheld the given prison sentence.