Defamation and Online Harassment Laws in Turkey

Turkish defamation law is written law. The Penal Code (Law No. 5237, Articles 125-131) sets out the offence of insult, which covers both attributing a concrete act or fact that harms someone's honour and attacking their dignity through abuse. On the civil side, Articles 24 and 25 of the Civil Code (Law No. 4721) let a person ask a court to prevent, stop or declare unlawful an attack on their personality rights, and Articles 49 and 58 of the Code of Obligations (Law No. 6098) provide for compensation, including non-financial (moral) damages.

Sources1Turkish Penal Code (Law No. 5237), Arts. 125-131 (official text, Mevzuat Bilgi Sistemi)2Turkish Civil Code (Law No. 4721), Arts. 24-25 (official text)3Turkish Code of Obligations (Law No. 6098), Arts. 49 and 58 (official text)

Insult is a crime punishable by three months to two years in prison or a judicial fine, and the penalty rises by one sixth when it is committed publicly (Penal Code Art. 125). The minimum is one year when the insult targets a public official because of their duties or relates to a person's beliefs or religion, and insults against officials over their duties can be prosecuted without the victim's complaint (Arts. 125(3) and 131). Since late 2024, most other insult cases fall under a prepayment procedure that lets a suspect avoid a public prosecution by paying a set amount (Art. 75), and insulting the President is a separate offence carrying one to four years in prison that can only be prosecuted with the Minister of Justice's permission (Art. 299).

Source1Turkish Penal Code (Law No. 5237), Arts. 75, 125, 131 and 299 (official text)

Turkish law does not separate libel from slander. A civil damages claim expires two years after the victim learns of the harm and who is responsible, and in any case ten years after the act, unless the act is a crime with a longer criminal limitation period (Code of Obligations Art. 72). For insults that can only be prosecuted on a complaint, the victim must complain within six months of learning of the act and the offender, and since a November 2024 amendment the complaint can never be made more than two years after the act (Penal Code Art. 73).

Sources3Turkish Code of Obligations (Law No. 6098), Art. 72 (official text)1Turkish Penal Code (Law No. 5237), Art. 73, as amended by Law No. 7531 (official text)

Turkey does not use the common-law idea of defamation per se. Instead, the insult offence is defined broadly: it covers attributing a concrete act or fact that could damage someone's honour as well as plain abuse, and it applies to voice, written or video messages sent to the victim (Penal Code Art. 125). A statement counts even if the person is not named, as long as it is clear who is meant (Art. 126), and a victim whose personality rights are harmed can claim moral damages (Code of Obligations Art. 58).

Sources1Turkish Penal Code (Law No. 5237), Arts. 125-126 (official text)3Turkish Code of Obligations (Law No. 6098), Art. 58 (official text)

The Constitution recognizes a right of correction and reply when a publication harms someone's honour or contains untrue statements about them (Art. 32). Under the Press Law, the affected person may send a correction and reply within two months of publication; a daily periodical must publish it within three days, and an internet news site within one day, in the same place and format and with a link to the original content. If it is not published as required, the person has 15 days to ask a criminal judge of peace to order publication, and the judge decides within three days without a hearing (Press Law No. 5187, Art. 14).

Sources4Constitution of the Republic of Turkey, Art. 32 (official text)5Press Law (Law No. 5187), Art. 14 (official text)

Proving that an alleged crime was actually committed is a defense, but courts allow such proof only if there is a public interest in knowing the truth or the complainant agrees, and a final conviction counts as proof (Penal Code Art. 127). Statements made in written or oral submissions to courts or administrative authorities are not punished if they rest on real facts and relate to the dispute (Art. 128), and penalties can be reduced or waived when the insult was a reaction to an unjust act or the insults were mutual (Art. 129). In civil cases, an attack on personality rights is lawful only if justified by consent, an overriding private or public interest, or legal authority (Civil Code Art. 24), and the Constitution allows freedom of expression to be limited to protect others' reputation and rights (Art. 26).

Sources1Turkish Penal Code (Law No. 5237), Arts. 127-129 (official text)2Turkish Civil Code (Law No. 4721), Art. 24 (official text)4Constitution of the Republic of Turkey, Art. 26 (official text)

Since May 2022, persistent stalking is a crime under Article 123/A of the Penal Code. It covers persistently following someone or trying to contact them through communication tools, information systems or third parties in a way that causes serious distress or fear for their safety, and carries six months to two years in prison, rising to one to three years in aggravated cases. Prosecution requires the victim's complaint.

Source1Turkish Penal Code (Law No. 5237), Art. 123/A, added by Law No. 7406 (official text)

Persistently calling or otherwise disturbing someone for the sole purpose of disrupting their peace is punishable by three months to one year in prison on the victim's complaint (Penal Code Art. 123). Sexual harassment is a crime under Article 105, with a higher penalty when the offender takes advantage of post or electronic communication tools, and an insult sent directly to the victim as a voice, written or video message is punished like any other insult (Art. 125(2)).

Source1Turkish Penal Code (Law No. 5237), Arts. 105, 123 and 125 (official text)

Turkey has no offence named doxxing, but unlawfully giving, spreading or obtaining another person's personal data is punishable by two to four years in prison (Penal Code Art. 136), and unlawfully recording personal data carries one to three years (Art. 135). Penalties increase by half when the offence is committed by a public official abusing their position or by exploiting a profession (Art. 137).

Source1Turkish Penal Code (Law No. 5237), Arts. 135-137 (official text)

Unlawfully disclosing images or sounds relating to someone's private life is punishable by two to five years in prison, including when they are published through the press or broadcast media (Penal Code Art. 134(2)). Separately, a person whose privacy is violated by online content can apply directly to the Cybersecurity Presidency to have access to the specific URL blocked, and access providers must act within four hours. The person must then take the request to a criminal judge of peace within 24 hours, and if the judge does not rule within 48 hours the block ends automatically (Law No. 5651, Art. 9/A).

Sources1Turkish Penal Code (Law No. 5237), Art. 134 (official text)6Law No. 5651 on Regulation of Internet Publications, Art. 9/A, as amended by Law No. 7590 (official text)