Sharing Thoughts and Ideas via Social Media
In today’s age, with the increase in the use of social media, the crime of defamation through social media has started to come to the fore. It is possible for people to commit insults, slander and threats through their social media posts, as well as the use of statements of opinions and/or photos on social media by people who are friends or not on their social media platforms, without the consent of their owners, can also lead to crimes.
As a result of any seizure or sharing of social media content by people registered as friends or unregistered third parties on social media pages, without the consent of their owners, and sharing them for any purpose, it becomes likely that a lawsuit will be filed on behalf of the person due to the complaints made to the judicial authorities. The cases heard in the judicial authorities are generally evaluated within the scope of the crime of violation of the privacy of private life. Again, according to the situation of the concrete event, it is seen that the crime is evaluated within the scope of violation of freedom of communication or violation of the security of personal data.
Regarding the sharing of thoughts and ideas within the scope of exercising constitutional and legal rights:
The first paragraph of Article 12 of the 1982 Constitution, which regulates the nature of fundamental rights and freedoms: “Everyone has fundamental rights and freedoms that are dependent on his personality, inviolable, inalienable and indispensable.” provision,
The first paragraph of Article 20, which regulates the privacy of private life: “Everyone has the right to demand respect for his private and family life. Inviolable confidentiality of private life and family life.” provision,
Article 22, which regulates the freedom of communication: “(Amendment: 3.10.2001-4709/7 art.) Everyone has the freedom of communication. Confidentiality of communication is essential.” provision,
The first paragraph of Article 24, which regulates the freedom of religion and conscience: “Everyone has the freedom of conscience, religious belief and conviction.” With the provision of the third paragraph, “No one can be compelled to worship, (…) to reveal his religious beliefs and convictions; He cannot be condemned or accused because of his religious beliefs and convictions.” provision,
Article 25, which regulates the freedom of thought and opinion: “Everyone has the freedom of thought and opinion.” provision and
Article 26, which regulates the freedom of expression and dissemination of thought: “Everyone has the right to express and disseminate their thoughts and opinions individually or collectively through speech, writing, picture or other means. This freedom also includes the freedom to receive or impart information or ideas without the interference of official authorities. (…)” clause,
It has very clearly and clearly regulated the rights and responsibilities accorded to citizens.
Based on the statements, in the investigations or investigations regarding the allegations of criticism of the political authority and/or the officials representing the public authority; It is not legally and legally possible to blame people for sharing ideas, thoughts, opinions and beliefs on social media that do not constitute a crime, even if they are in opposition to the political powers, and because such social media posts are liked; on the contrary, it is thought that the issue that such personal rights and freedoms are guaranteed and protected by the Constitution and laws should not be ignored.
