WHAT IS Slander?
The crime of slander occurs when a person is notified or complained to the competent authorities as if he had committed the illegal act despite knowing that he did not commit it. This attribution can also be made through the press and broadcast. The most important issue in the formation of this crime is the search for the purpose of imposing an investigation, prosecution or administrative sanction, although it is known that the person complained of did not commit the alleged illegal act. It should be known that the person accused of the illegal act did not commit this act, that is, he is innocent. For this reason, the crime of slander can be committed with direct intent. It is not possible for the crime to be committed with possible intent or negligence.
The perpetrator of the crime of defamation can be anyone. However, if the person committing the crime of slander is a public official and he has committed the crime of slander with the tools and equipment he has in his possession, then article 266 of the Turkish Penal Code finds an application area. The victim of the crime of defamation; they are both the person accused of the unlawful act and the public authorities that initiate an investigation or impose an administrative sanction for defamation.
WHAT ARE THE CONDITIONS FOR THE CLAIMED CRIME?
In order for the conditions of the crime of slander to occur, the conditions described below must be present together. These;
ATTACHING AN ILLEGAL ACT TO THE VICTIM:
The crime of slander will occur when the perpetrator accuses an unlawful act despite knowing that he has not committed the unlawful act accused against the victim. It is sufficient that the act that constitutes the subject of the crime of slander is against the law. It does not have to be within the scope of the crimes defined in the Turkish Penal Code. Likewise, the accusation of acts that require disciplinary investigation or within the scope of the Misdemeanor Law will also constitute the crime of slander.
OBJECTIVE UNREALITY OF THE ACT ATTACHED TO THE VICTIM:
In the crime of slander, the perpetrator pretends to have committed an act that the victim did not commit in an unrealistic way. Therefore, in order for this crime to occur, the victim must not have committed the alleged act.
WHEN THE PERSON KNOWS THAT THE ACTUAL VICTOR HE IS CLAIMED DID NOT COMMIT:
In the crime of slander, it is essential that the perpetrator knows that the victim is innocent. The crime of slander can be committed with direct intent. The purpose of the perpetrator should be to ensure that an investigation, prosecution or administrative sanction is applied to the victim by attributing an untrue unlawful act.
ATTENDING THE PERSON OF UNLAWFUL ACTION BY MAKING A NOTICE OR COMPLAINT TO THE AUTHORITIES AUTHORIZED TO PROCEED THE CRIME OR THROUGH THE PRESS:
The crime of slander will not occur if the perpetrator commits an unlawful act other than declaring, making a complaint or alleging an unlawful act through the press. For example, if the person directly accuses the victim of an unlawful act, it is not a crime of slander, but a crime of insult if the conditions are met. You can check out our defamation crime article.
HOW IS THE CRIME COMMITTED?
As explained in the slander law, the crime of slander can be committed in two ways.
It can be processed by giving notice or complaint to the competent authorities and causing an investigation, prosecution or administrative action against a person.
Notice; is the reporting of the suspect of the crime or the event constituting the crime to the competent authorities. Everyone has the right to report. If the complaint is; It is the request of the competent authorities to prosecute the crime within a 6-month period of deprivation, regarding the crime whose investigation or prosecution depends on the complaint. In case of accusing a person of an unlawful act that he knows he did not commit, by declaring or complaining, the crime of slander will occur.
It can be committed by attributing an unlawful act through the press and broadcasting.
What should be understood from the case of processing through the press and broadcasting is explained in article 6 of the TCK. In accordance with Article 6 of the TCK, publications made by all kinds of written, visual, audio and electronic mass media are considered as press and broadcast media. Broadcasts made through all means of communication such as radio, television, newspaper and internet are considered as press broadcasting activities. In this case, the competent authorities first learn about the illegal act from the news given through the press and broadcast.
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