Slander Crime – TCC Article 267
WHAT IS SLANDER OFFENCE?
The crime of slander occurs when a person reports or complains to the competent authorities as if he/she has committed an unlawful act, although it is known that he/she has not committed the unlawful act. This accusation can also be made through press and publication. The most important issue in the occurrence of this offence is that although it is known that the person complained of has not committed the illegal act imputed, the purpose of investigation, prosecution or administrative sanction is sought. It must be known that the person who is accused of an unlawful act has not committed this act, that is, that he/she is innocent. For this reason, the offence of slander can be committed with direct intent. It is not possible to commit the offence with probable intent or negligence.
The perpetrator of the offence of slander can be anyone. However, if the person who commits the offence of slander is a public official and commits the offence of slander with the tools and equipment he/she has in his/her possession due to his/her duty, then Article 266 of the Turkish Penal Code will be applied. The victim of the offence of defamation is both the person to whom an unlawful act is attributed and the public authorities who initiate an investigation or impose an administrative sanction due to defamation.
WHAT ARE THE CONDITIONS OF DEFAMATION OFFENCE?
In order for the conditions of the slander offence to occur, the conditions we explain below must coexist. These are
ATTRIBUTION OF AN UNLAWFUL ACT TO THE VICTIM:
The crime of slander will occur when the perpetrator attributes an unlawful act to the victim even though he knows that he has not committed the unlawful act attributed to the victim. It is sufficient that the act constituting the subject of the slander offence is unlawful. It does not have to be within the scope of offences defined in the Turkish Penal Code. Likewise, the imputation of acts that require disciplinary investigation or within the scope of the Misdemeanour Law will also constitute the offence of defamation.
THE ACT ATTRIBUTED TO THE VICTIM MUST BE OBJECTIVELY UNTRUE:
In the offence of slander, the perpetrator shows an act that the victim has not committed as if he/she has committed it unrealistically. Therefore, in order for this offence to occur, the victim must not have committed the imputed act.
THE PERPETRATOR KNOWS THAT THE VICTIM DID NOT COMMIT THE ACT HE ATTRIBUTED:
In the offence of slander, the perpetrator must know that the victim is innocent. The offence of slander can be committed with direct intent. Perpetrator’s aim must be to ensure that an investigation, prosecution or administrative sanction is imposed on the victim by imputing an unlawful act that is untrue.
THE PERPETRATOR IMPUTES AN UNLAWFUL ACT BY REPORTING OR COMPLAINING TO THE AUTHORITIES AUTHORISED TO PROSECUTE THE OFFENCE OR THROUGH THE PRESS:
The offence of defamation will not occur if the perpetrator does it in a way other than denouncing, complaining or imputing an unlawful act through the press. For example, if the person directly attributes an unlawful act against the victim, the offence of defamation may not occur, but if there are conditions, the offence of defamation may occur. You can take a look at our article on defamation offence.
HOW IS THE OFFENCE OF SLANDER COMMITTED?
As explained in the slander law, the offence of slander can be committed in two ways.
It can be committed by causing an investigation, prosecution or administrative action to be initiated against a person by notifying or complaining to the competent authorities.
Denunciation; is the notification of a person to the competent authorities of the suspect of the crime or the event constituting the crime. Everyone has the right to make a denunciation. Complaint, on the other hand, is the request from the competent authorities for the prosecution of the offence within the 6-month prescriptive period of the person authorised to complain about the offence, the investigation or prosecution of which is subject to complaint. The offence of slander will occur in the case of imputing an unlawful act to a person by means of denunciation or complaint, which he/she knows that he/she has not committed.
It can be committed by imputing an unlawful act through the press and publication.
Article 6 of the Turkish Penal Code explains what should be understood by committing the offence through the press and publication. Pursuant to Article 6 of the TPC, publications made through all kinds of written, visual, audio and electronic means of mass communication are considered as press and broadcasting. Publications made through all means of communication such as radio, television, newspaper, internet are considered as press and broadcasting activities. In this case, the competent authorities first learn about the unlawful act from the news given through the press and broadcasting.
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