Supreme Court Ruling on Public Visibility Criterion in Social Media Insult Crimes

The 4th Criminal Chamber of the Court of Cassation issued a precedent-setting ruling regarding the determination of the public visibility element in insult crimes committed via social media platforms. According to the decision, the privacy status of the account and the reach capacity of the posts will be taken into account when evaluating whether the legal elements of the crime have been formed.

Precedent-Setting Decision from the Court of Cassation

The 4th Criminal Chamber of the Court of Cassation made an important legal evaluation regarding insult crimes committed via social media. The High Court stated that the element of public visibility must be meticulously examined in such files.

Litigation Process in İzmir

A prison sentence had been handed down by the local court against a defendant who sent insulting messages via social media to his former fiancée in the Ödemiş district of İzmir. The 1 year, 5 months, and 15 days prison sentence issued by the Ödemiş 2nd Criminal Court of First Instance was also upheld by the appellate court.

Privacy and Reach Review

Reviewing the case file, the High Court ruled that the condition of public visibility was not fully investigated. In its reversal decision, it was emphasized that it must be clarified whether the social media account on which the post was made was private or open to everyone.

Reversal on Grounds of Incomplete Investigation

It was stated that a verdict cannot be established through an incomplete investigation without researching whether third parties had the opportunity to see the statements. Furthermore, it was requested that the defendant's personal situation, remorse, and the possibility of applying the simplified trial procedure be re-evaluated.