The offence of insult is a criminal offence regulated under Articles 125 to 131 of the Turkish Penal Code (TPC) and aims to protect an individual’s honour, dignity, and reputation. The attribution of a specific act or fact capable of damaging a person’s honour and dignity, or attacking a person through abusive language, may constitute the offence of insult.
The offence of insult may be committed either face-to-face or in absentia. In order for an insult committed in absentia to constitute a criminal offence, the relevant statements must be learned by at least three persons.
The offence of insult can only be committed intentionally, and as a rule it is subject to complaint by the victim. Unless the statute of limitations expires, the victim must exercise the right to file a complaint within six months from the date of the offence.
Statutory Regulation of the Offence of Insult
According to Article 125 of the Turkish Penal Code:
TPC Article 125/1:
A person who attributes to another a concrete act or fact capable of offending that person’s honour, dignity or reputation, or who attacks a person’s honour, dignity or reputation through abusive language, shall be punished with imprisonment from three months to two years or a judicial fine.
The legal interest protected by this offence is the individual’s reputation within society and personal rights.
Elements of the Offence of Insult
Certain essential elements must be present for the offence of insult to occur.
1. Expression that Damages Honour and Reputation
The offence of insult may be committed through words, writings, or conduct capable of harming the victim’s honour, dignity, or reputation.
This may occur in two ways:
- attributing a specific act or fact to the victim
- directly insulting the victim through abusive language
2. The Victim Must Be Identifiable
The insulting expressions must be directed toward a specific or identifiable individual.
In its decision numbered 2019/340, the 18th Criminal Chamber of the Court of Cassation (Yargıtay) held that even if the victim’s name is not explicitly mentioned, it must be understood without any doubt that the statements are directed at a particular individual. Otherwise, the requirement of direction (matufiyet) will not be fulfilled and the offence will not occur.
3. Intent (Mens Rea)
The offence of insult cannot be committed negligently. The perpetrator must act with intent to attack the honour and reputation of the victim.
Aggravated Forms of the Offence of Insult
Article 125 of the Turkish Penal Code provides that the offence of insult shall be punished more severely in certain circumstances.
Public Insult (TPC Article 125/4)
If the offence of insult is committed publicly, the penalty is increased. Publicity means that the insulting expression is made in a manner capable of being heard or seen by an indefinite number of persons.
Insult Against a Public Official Due to Their Duty (TPC Article 125/3-a)
Directing insulting expressions against a public official due to the performance of their duty constitutes an aggravated form of the offence. In such cases, the offence is not subject to complaint, and the penalty is increased.
Insult Referring to Religious Values (TPC Article 125/3-c)
Insulting a person by referring to values considered sacred according to the religion to which the person belongs is also regarded as an aggravated circumstance.
This issue was emphasized in the decision of the 4th Criminal Chamber of the Court of Cassation numbered 2021/12258.
Circumstances Eliminating or Reducing Criminal Liability
In certain situations, expressions used may not constitute insult, or the court may apply a reduction in the penalty.
Freedom of Expression and the Right to Criticism
Freedom of expression, which is guaranteed by the Turkish Constitution and the European Convention on Human Rights, constitutes an important criterion in evaluating the offence of insult.
According to the Court of Cassation, public officials and politicians must tolerate harsher criticism compared to private individuals.
Therefore, not every severe criticism constitutes the offence of insult.
(Court of Cassation, 4th Criminal Chamber, 2021/12271)
Rude or Impolite Expressions
Not every rude or disturbing expression constitutes the offence of insult.
The Court of Cassation has accepted that certain expressions do not reach the level of damaging honour and dignity, but merely constitute impolite or discourteous forms of address.
(Court of Cassation, 18th Criminal Chamber, 2017/3064; 2019/7803)
Immunity of Allegation and Defence (TPC Article 128)
Allegations put forward within the scope of claims and defences before judicial or administrative authorities do not constitute the offence of insult provided that they are relevant to the dispute.
However, statements unrelated to the dispute and intended to humiliate a person are not protected under this provision.
(Court of Cassation, 4th Criminal Chamber, 2021/26117)
Reaction to an Unlawful Act and Mutual Insult (TPC Article 129)
If the offence of insult is committed as a reaction to an unlawful act, the court may reduce the penalty or refrain from imposing punishment.
In cases of mutual insult, a reduction of penalty may be applied to one or both parties.
(Court of Cassation, 5th Criminal Chamber, 2013/6368)
Mediation in the Offence of Insult
The basic form of the offence of insult regulated under Article 125/1 of the Turkish Penal Code falls within the scope of mediation pursuant to Article 253 of the Code of Criminal Procedure.
However, mediation provisions do not apply in the following cases:
- insult committed via audio, written, or visual communication
- insult directed against a public official due to their duty
- insult against public officials working collectively in a board or committee
In these circumstances, the prosecution of the offence is not dependent on a complaint and mediation is not applicable.
The Offence of Insult on Social Media
The offence of insult may also be committed through posts or communications made on social media platforms.
Publicity on Social Media
If a post shared from a social media account is publicly accessible, this constitutes the element of publicity under Article 125/4 of the Turkish Penal Code.
The Court of Cassation has stated that courts must examine whether the post was accessible to the public.
(Court of Cassation, 18th Criminal Chamber, 2018/2841 E., 2019/14883 K.)
However, the element of publicity does not arise in expressions sent through private messaging.
(Court of Cassation, 4th Criminal Chamber, 2021/10782 E., 2023/18588 K.)
Insult through Retweeting or Sharing
The offence of insult may be committed not only by the person who creates the content, but also by those who contribute to its dissemination.
The 4th Criminal Chamber of the Court of Cassation has held that retweeting a video containing insulting content may also constitute the offence.
(Court of Cassation, 4th Criminal Chamber, 2021/20425 E., 2024/600 K.)
Frequently Asked Questions about the Offence of Insult
Is the offence of insult subject to complaint?
The basic form of the offence of insult is subject to complaint, and the victim must exercise the right to file a complaint within six months.
What is the penalty for the offence of insult?
According to Article 125 of the Turkish Penal Code, the offence of insult is punishable by imprisonment from three months to two years or a judicial fine.
Does insult on social media constitute a crime?
Yes. Insulting expressions made through social media posts or digital communication may also constitute the offence of insult.
Legal Assistance in Insult Cases
It is important for individuals who are victims of the offence of insult or those accused of committing insult to obtain legal assistance from a lawyer specializing in criminal law.
Insult cases require technical legal knowledge, particularly in the evaluation of evidence, determining the boundaries of freedom of expression, and correctly interpreting the case law of the Court of Cassation. Therefore, conducting the process with the assistance of a lawyer is essential in order to prevent potential loss of rights.