Defamation
Attorney Özgür Eralp – Ankara
In today’s world, defamation and slander have increasingly found their way onto the internet. They are often committed through fake profiles created on social sharing platforms like Facebook, FriendFeed, and are also facilitated via fake email addresses created on email service providers such as Hotmail and Gmail. Perpetrators of these offenses often prefer to carry out these actions from places like internet cafes, and recently, in locations that offer wireless internet services like bakeries, cafes, and shopping malls, where log records are not kept, using laptops and mobile phones. As a result, it is often challenging to trace the actual culprits of defamation committed in this manner. Complainants report the crimes to the prosecutor’s office, but difficulties encountered in official correspondence with social sharing platforms like Facebook, Twitter, FriendFeed, YouTube, and the challenges in obtaining information from email service providers like Gmail and Hotmail can slow down or even halt the investigation process. Due to the inability of prosecutors to identify the real culprits or to reach individuals using fictitious identities, decisions of non-prosecution or perpetual search orders are frequently issued.
Criminal Implications: Relevant provisions of the criminal law regarding individuals subjected to defamation and slander through the internet are as follows:
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