Attacks on a person’s honour, dignity and reputation, and threatening behaviour that prevents a person from feeling safe, are among the significant offences dealt with under criminal law. Today, such acts take place not only face to face but also by telephone, through messaging apps, on social media platforms and on the internet.

When insult (hakaret) and threat (tehdit) offences are assessed legally, not only the words used but also how the incident took place, the relationship between the parties, the nature of the post and all the circumstances of the specific case must be considered together.

When Is the Offence of Insult Committed?

The offence of insult is committed through words or conduct capable of offending a person’s honour, dignity and reputation. However, not every rude, harsh or critical statement automatically constitutes the offence of insult.

When deciding whether a statement falls within the scope of the offence, the meaning of the words used, the setting in which they were said, the person they targeted and the incident as a whole are taken into account. The line between the right to criticise and an attack on personality rights must be drawn correctly.

As the use of social media has become widespread, insult offences have also become common in the digital environment. Comments, posts, private messages or content shared through fake accounts may be subject to legal examination.

In online insult cases, it matters when the content was shared, who created it, how many people it reached and what kind of post it was. For this reason, preserving digital records correctly is an important part of the process.

The Offence of Threat and Its Legal Assessment

The offence of threat may arise when a person is told of an intention to harm the life, physical integrity or other legally protected interests of that person or of their relatives.

Statements that amount to a threat must be examined not in isolation but in the setting in which they were made and in the circumstances of the incident. Statements capable of causing fear and anxiety in a person can have legal consequences.

Can Messages, Voice Recordings and Digital Data Be Evidence?

Evidence is of great importance in insult and threat offences. In particular, social media messages, WhatsApp conversations, email records, screenshots and other digital data may be assessed during the investigation.

However, for digital data to have legal value, how it was obtained, whether it has been altered and its connection to the incident must be examined carefully.

What Can Be Done in Response to an Insult or Threat?

For people who have been subjected to an insult or threat, it is important first to record the incident properly and to preserve the available evidence. In the complaint (şikâyet) process, the nature of the incident, the evidence and the legal assessment are considered together.

In addition, persons facing proceedings on an allegation of insult or threat must also use their rights of defence effectively, in a way that shows the true nature of the incident.

Complaint Period and the Criminal Proceedings

In insult and threat offences, the application process may differ depending on the features of the incident and the nature of the offence. For this reason, it is important to assess the legal position correctly from the very start of the process.

Statements given, evidence submitted and legal applications made during the investigation stage can have significant consequences later in the process.

Protection of Personality Rights and Criminal Law

Insult and threat incidents must be assessed not only under criminal law but also from the point of view of protecting personality rights.

In particular, content spread in the digital environment can affect a person’s social and professional life, so the legal process must be managed correctly.

Legal Approach in Insult and Threat Files

One of the most important issues in such files is determining the legal nature of the incident correctly. A sound result cannot be reached without assessing together the statements used, the way the incident occurred and the available evidence.

A Legal Roadmap Against Rights Violations with Attorney Ezgi Çalışkan

Attorney Ezgi Çalışkan works on insults, threats, violations of personality rights arising from social media, and criminal law disputes that take place on the internet.

In disputes arising from an insult or threat, what matters is not only filing a complaint but analysing the legal dimension of the incident correctly and ensuring that rights are protected effectively. Assessing each incident within its own circumstances is very important in deciding which legal approach to follow.

Insult and Threat Offences