Opening A Social Media Account In A Person’s Name Without Consent
Opening a social media account on behalf of a person without his/her consent and using his/her photos constitutes the offense of “Unlawfully Giving or Obtaining Data”. You can examine the Sample Court of Cassation Decision.
12th Criminal Chamber
Main Number : 2014/19526
Decision Number : 2015/3184
“Case Law Text”
Court :Criminal Court of First Instance
Crime : Unlawful giving or obtaining of data
Judgment : Acquittal
The verdict on the acquittal of the defendant for the offense of unlawfully giving or obtaining data was appealed by the participant, and the file was examined and the necessity was considered:
The other appellate objections of the participant are rejected, however;
According to the scope of the file; the defendant … and the participant victim … knew each other because they worked together at the same cargo company’s workplace for a while, during the period when the defendant left the workplace, from the Facebook account named …, where the defendant’s picture was used as the profile picture, to the victim’s Facebook account, “Hi … Ms., how are you? ” and “When you are so beautiful, you don’t answer, you are right.” dated 16.09.2013, the victim asked the witness …, the owner of the workplace, to call the defendant by phone to find out whether he was involved in the incident, and in line with the victim’s request, on 17.09.2013 at around 10. 00 hours on 17.09.2013, the witness …. called the defendant on the phone and informed the defendant about the matter and stated that the defendant had nothing to do with the facebook account named …;
however, approximately 2 hours after this phone call, the profile picture of the defendant on the facebook account named … was removed and a picture of a landscape was added to the profile and on the same day at 13. 00, the defendant, who went to the victim’s workplace and argued with him, opened a new facebook account with the name “…” by using the victim’s picture in the facebook profile with the motive of proving to the victim that he was not the owner of the facebook account named … and that fake accounts can easily be opened with other people’s pictures on the social networking site named facebook,
Considering that the victim firstly asked the witness …., who is the owner of the workplace, to call the defendant by phone and find out whether he had anything to do with the incident, the sincere statements of the victim, who is a facebook user and knows that fake facebook accounts are opened by using his public profile picture, and that the defendant said to him after the argument at the workplace, “I will open 10 separate facebook accounts with your picture, you will see. “,
in the concrete case where there is no reason for compliance with the law that can be accepted by any branch of law or an issue that can be taken into consideration within this scope, the defendant, who presented the victim’s picture, which is personal data, to the view of others through the facebook account named “…”, without her consent, without her consent. article 136/1. of the TCC, the defendant should be convicted of the crime of illegally giving or obtaining data, while the defendant’s defenses to save himself from punishment should be taken into consideration, and without considering that the motive of the defendant is not important in the crime committed with general intent, the decision to acquit the defendant in accordance with Article 223/2-c of the Code of Criminal Procedure with written justifications that do not comply with the scope of the file,
Since it is contrary to the law and the appeals of the participant are deemed appropriate in this respect, it was decided unanimously on 23.02.2015 that the verdict be DISMISSED in accordance with the request in accordance with Article 321 of the Code of Criminal Procedure No. 1412, which is still in force pursuant to Article 8 of the Law No. 5320.
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