Is Creating a Fake Account on Social Media a Crime? – Lawyer in Izmir
With the widespread use of social media today, certain situations arise that cause individuals to become victims. Chief among these are crimes such as creating fake identities and impersonating profile accounts on social media. This is where the law comes into play. The laws that regulate our daily lives also apply to crimes committed through social media. In this respect, it is possible to say that, just as in real life, behaviors and actions on social media will be evaluated according to the law. In Türkiye, the most comprehensive regulation regarding the internet is Law No. 5651. Law on the Regulation of Publications on the Internet and Combating Crimes Committed Through Such Publications It was made with.
Is Creating a Fake Profile a Crime?
Although there is no detailed law regarding social media law, the act of using a fake profile constitutes a crime under Law No. 5561 and the Turkish Penal Code. For this act to be considered a crime, the use of a person's private information is required. While creating fake profiles, fake groups, and fake email addresses may not be specifically defined as a serious crime under our penal code, they are subject to penalties due to their potential consequences.
According to the principle of "No Crime or Punishment Without Law" in the penal code, this act can be considered a crime if the profile being impersonated includes deceptive information about the individual, such as their photos, private information, and email addresses. Simply opening an account in someone's name will not constitute a crime. The criminal act occurs when the fake account includes the person's identity information, address, photos, professional information, details about their friends, date of birth, etc. In this case, the court will base its decision on Articles 135 and 136 of the Turkish Penal Code No. 5237, which deal with "Crimes Against Private Life and the Confidentiality of Life.".
Firstly, whether the account for which a fake account was created is private or not is crucial in determining whether a crime has been committed. Because photos and posts on non-private accounts are made available to third parties and therefore are not considered personal data, using photos from such accounts on another account will not constitute a crime.
However, if the account information and posts of the fake account created in its name are private, meaning they are shared only with a specific group, then copying the photos or other information from that account and creating a fake account would constitute the crimes of unlawfully obtaining and disseminating personal data under Articles 135-136 of the Turkish Penal Code.
The 12th Criminal Chamber of the Court of Cassation, in its ruling numbered 2013/22544E, 2014/12128K, also issued a conviction decision regarding Articles 135 and 136 of the Turkish Penal Code.
“"According to the case file; in response to the complainant B ending their friendship, with whom the defendant H had been in a relationship that had reached a sexual level for a while, he created an account on the social networking site Facebook and posted on behalf of the complainant..."
In the case where it was alleged and accepted that the defendant used a photograph of the complainant, taken with the complainant's consent, as a profile picture on a fake account he created, and published obscene images of other people through this account, the court ruled that the defendant, who unlawfully published the complainant's photograph along with his name and surname, should be punished for the crime of unlawfully giving or obtaining data as defined in Article 136 of the Turkish Penal Code, given that the photograph of the complainant showing his head and face, taken while he was posing in everyday clothes, did not relate to his private life and did not violate his right to privacy.
Another example is that HG (40), who lives in Izmir and is alleged to have opened many social media accounts and threatened, blackmailed, insulted and slandered particularly reputable people such as lawyers and doctors, was identified as being in a house in the Hatay neighbourhood of Konak district and was detained. It was reported that HG had 50 criminal records for crimes such as 'disturbing the peace and tranquility', 'insult', 'threat', and 'violation of the inviolability of the home', and that he had been convicted of numerous previous cases for the same crime. After the police procedures, it was decided that HG should be kept under observation for three weeks in a fully equipped state hospital in order to assess whether he understood the legal meaning and consequences of his actions and to determine whether he was mentally ill, due to the numerous investigations against him for similar crimes and the numerous court decisions against him in previous years.
Finally, it should be noted that there are numerous widespread crimes committed through social media. Those who commit these crimes online should not assume they are not guilty, as committing the crime online often leads to harsher penalties. It would be prudent for users to be more aware and cautious on social media platforms, which have become an integral part of our lives.
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