Legal Evaluation Of Thought And Idea Sharing Via Social Media
Sharing Thoughts and Ideas through Social Media
In today’s age, with the increase in the use of social media, the occurrence of the crime of defamation through social media has become more on the agenda. As it is possible for people to commit the offenses of insult, slander and threat through social media posts, the use of statements of opinion and/or photographs of people who are friends or not on social media platforms and sites, without the consent of their owners, may also lead to the commission of a crime.
As a result of the seizure and sharing of social media content for any purpose by persons who are registered as friends on social media pages or by third parties who are not registered as friends, without the consent of the owners, it becomes possible to file a lawsuit on behalf of the person due to the complaints made to the judicial authorities. The cases seen in the judicial authorities in this regard are generally evaluated within the scope of the crime of violation of privacy. Again, it is seen that the nature of the crime changes according to the situation of the concrete event and is evaluated within the scope of the crime of violation of the freedom of communication or violation of the security of personal data.
Regarding the sharing of thoughts and ideas within the scope of the exercise of constitutional and legal rights:
Paragraph 1 of Article 12 of the 1982 Constitution, which regulates the nature of fundamental rights and freedoms: “Everyone has inviolable, inalienable, inalienable, inalienable fundamental rights and freedoms.”
The first paragraph of Article 20 regulating the right to privacy states: “Everyone has the right to respect for his private and family life. The privacy of private and family life shall be inviolable.”
Article 22 regulating the freedom of communication states: “(Amended: 3.10.2001-4709/7 Art.) Everyone has the freedom of communication. Confidentiality of communication is essential.”
The first paragraph of Article 24 regulating freedom of religion and conscience reads: “Everyone has the right to freedom of conscience, religious belief and conviction.” and the third paragraph: ”No one shall be compelled to worship, (…) to manifest his religious beliefs and convictions; nor shall he be condemned or accused on account of his religious beliefs and convictions.”
Article 25 regulating freedom of thought and opinion: “Everyone has the right to freedom of thought and opinion.” and
Article 26 regulating the freedom of expression and dissemination of thought states: “Everyone has the right to express and disseminate his thoughts and opinions, individually or collectively, by word, writing, pictures or other means. This freedom includes the freedom to receive and impart information or ideas without interference by official authorities (…)”,
It very clearly and explicitly regulates the rights and responsibilities granted to citizens.
Based on these explanations, in examinations or investigations regarding allegations of criticism of the political authority and/or officials representing the public authority, it is considered that it is not legally and legally possible to accuse individuals for sharing ideas, thoughts, opinions and beliefs that do not constitute a crime on social media and liking such social media posts, even if they oppose political powers; on the contrary, it should be kept in mind that such personal rights and freedoms are guaranteed and protected by the Constitution and laws.