Be careful when sharing humor on social media: You could face imprisonment or fines

Lawyer Seyit Yağmur stated that one must be careful when posting on social media, even with people we are close to. Yağmur said, "Even if it is for humorous purposes with people we are close to, making posts that contain criminal elements can result in imprisonment or judicial fines."

Expressing that one should be careful to communicate in a way that does not constitute a crime when interacting with acquaintances on social media, Yağmur said, "There is no problem with messaging a friend or someone we are close to on social media if it does not contain criminal elements. However, posts containing criminal elements, even if intended as a joke or humor, can be perceived by the recipient as defamation or another type of crime and can cause us trouble. In particular, the crime of defamation is regulated in Article 125 and subsequent articles of the Turkish Penal Code No. 5237. The crime of defamation is subject to a complaint, and if no complaint is filed, it does not lead to an investigation or prosecution."

'THERE IS AN 8-YEAR STATUTE OF LIMITATIONS'

Yağmur stated that there is an 8-year statute of limitations from the date the crime is discovered. However, for messages containing defamation sent via social media, the date of the crime will be accepted as the date the message was sent. In accordance with Article 66 of the Turkish Penal Code, the statute of limitations for the case applies from the date the crime was committed.

Especially in cases where messages containing defamation are sent via social media, if this message is discovered by the recipient at a later date, the 6-month complaint period will begin from that date, and the right to file a complaint will continue until the 8-year statute of limitations for the case expires. Yağmur stated that such posts can result in serious criminal investigations and prosecutions, carrying the risk of imprisonment from 3 months to 2 years or judicial fines.