What is the Crime of Sharing Private Photos Without Permission?
Sharing private photos without permission is an act that is directly punishable, although it does not have an independent crime name in Turkish law. This action is regulated in Article 134 of the Turkish Penal Code No. 5237.
It is within the scope of the invasion of privacy offence. Providing a photo or video of a person’s privacy to third parties without that person’s consent constitutes a serious crime punishable by imprisonment from two to five years.
In practice, this act often occurs after a relationship has ended, for revenge purposes. The images are sometimes published on fake social media accounts, sometimes sent to the victim’s spouse, family or co-workers. Victims often do not take action with the thought “I had the photo taken with my own consent, I cannot complain”. This is a completely wrong opinion: consent to the shooting of the image means that the image is sharing does not imply consent. The law deals with these two actions separately.
Two Separate Crimes: Recording and Disclosure
TCK Article 134 punishes two independent acts. Understanding this distinction is critical in terms of both establishing the complaint correctly and determining the punishment.
Violation by recording (Art. 134/1)
The first paragraph of the article punishes anyone who violates the privacy of people’s private lives with a prison sentence of one to three years. According to the second sentence of the same paragraph, confidentiality
Penalty to be imposed if violated by recording images or soundsis increased by one. In other words, photographing or videotaping a private moment without permission carries a prison sentence of two to six years.
Violation by disclosure (Art. 134/2)
The second paragraph of the article states that images or sounds related to people’s private lives may be unlawfully recorded.disclosing punishes anyone with imprisonment from two to five years. The same penalty is applied if this disclosed data is published through the press and publications.
According to the jurisprudence of the Supreme Court of Appeals, the concept of “disclosure” is interpreted broadly: dissemination, disclosure, posting, announcement, announcement to the public – in short, presenting it to the information of the person or persons who are not authorized to learn its content. The practical consequence of this definition is very important:sending the photo to a single person is also considered disclosure. The image does not need to be seen by thousands of people; Delivering it to a single unauthorized person completes the crime.
If both verbs are committed together
If a person both recorded the image without permission and shared it later, he will be punished for two separate crimes. The 12th Criminal Chamber of the Supreme Court of Appeals decided that the recording of intimate images taken without the consent of the victim, with whom he had a relationship for a period of time, should be evaluated within the scope of the second sentence of Article 134/1, and the dissemination of these images on the internet should be evaluated within the scope of Article 134/2. In the same decision, it was explained that although an image or sound related to private life technically qualifies as “personal data”, it cannot be considered as personal data within the scope of Articles 135 and 136 of the Turkish Penal Code in terms of legal qualification. In other words, sharing intimate images is not a crime of unlawful dissemination of personal data, but a crime of violating the privacy of private life.
Complaint Commitment and Duration
This point is the issue that causes the most loss of rights in the crime of sharing private photos without permission. Investigation and prosecution of the crime of violating the privacy of private life according to Article 139 of the Turkish Penal Code depends on the complaint. The prosecutor’s office does not take action on its own.
The complaint period starts from the moment the act and the perpetrator are learned.for six months. If a complaint is not made within this period, the right to sue is lost. Additionally, dropping the complaint ends the case; In the decision mentioned above, it was stated that a dismissal decision should be made because the victim gave up her complaint at the hearing. Therefore, the decision to give up should not be made hastily, relying on a verbal agreement with the perpetrator — it is not possible to return without giving up.
Cases of confusion with personal data
On the other hand, the crimes of recording personal data regulated in Articles 135 and 136 of the Turkish Penal Code and illegally providing or obtaining data are not subject to complaint; It is investigated ex officio. For example, this includes unauthorized dissemination of identification numbers, addresses, telephone records or health data.
Other Crimes Committed Together
Unauthorized sharing of private images rarely goes away alone. The following crimes are also brought to the agenda in the same incident:
- Blackmail (TCK article 107): Statements such as “If you do not meet with me, I will spread your photos” constitute an independent crime and require imprisonment from one to three years and a judicial fine. Blackmail is not dependent on complaint.
- Threat (TCK article 106): Statements intended to harm the victim or their relatives.
- Insult (TCK article 125): Dissemination of images accompanied by derogatory statements.
- Violating the confidentiality of communication (TCK article 132): Sharing message contents with screenshots.
- Providing data illegally (TCK article 136): Dissemination of identity and contact information as well as images.
The fact that some of these crimes are not subject to complaint is decisive for the defense strategy: the blackmail trial continues even if the victim drops the complaint of violation of privacy.
What to Do? Step by Step Process
1. Protect evidence without losing it
Save the screenshot of the post, account address (URL), date and time of post. If possible, take a screenshot with the date stamp visible. Do not delete message conversations. The strongest form of evidence is when it is supported by witness statements confirming that third parties also saw it.
2. Submit a complaint
Application is made to the Chief Public Prosecutor’s Office or law enforcement unit with a petition. The petition must clearly state the date on which the act was learned, on which platform it was shared, and the identity of the perpetrator (if known). If the perpetrator is unknown, identification is requested through IP address and account records.
3. Have the content removed
It is not necessary to wait for the outcome of the criminal trial. Article 9/A of Law No. 5651 provides for an accelerated way to block access to content in case of violation of privacy. It is possible to prevent direct access by applying to the Information Technologies and Communication Authority in cases where delay is harmful; This measure must be submitted to the judge for approval within twenty-four hours. Additionally, removal of content and blocking of access may be requested within the scope of Article 9 of Law No. 5651.
4. Consider the remedy No. 6698
If the sharing took place by an institution, employer or data controller, a complaint can be made to the Personal Data Protection Authority within the scope of the Personal Data Protection Law No. 6698; The administrative sanction process operates independently of the criminal proceedings.
5. File a lawsuit for material and moral damages
Apart from the criminal case, a lawsuit for compensation can be filed in the civil court of first instance due to the attack on personal rights. Loss of reputation, termination of employment contract, psychological treatment expenses and damage to the social environment are claimed within this scope.
Common Mistakes
- Warning the perpetrator without collecting evidence: When the perpetrator is warned, he/she deletes the account and its contents and the evidence is lost. Save first, then move.
- Missing the six-month complaint period: The expectation that “maybe it will get better on its own” is the most common reason for loss of rights.
- Giving up early: Trusting the perpetrator’s word “I won’t do it again” and giving up the complaint is irreversible.
- Spreading images with their own hands: If the victim sends the images to many people as evidence, it both magnifies the victimization and creates a legally controversial situation. Evidence should only be submitted to the competent authorities.
- Notifying platform only: Social media reporting may remove content, but it does not initiate criminal proceedings and destroys evidence.
Frequently Asked Questions
I took the photo with my own consent, can I still complain?
Yes. Consenting to filming does not mean consenting to sharing. The fact that the image was recorded with consent does not make the act of unauthorized disclosure a crime. In this case, you have the right to complain under Article 134/2.
He only sent the photo to one person, is it still a crime?
Yes. Disclosure means providing the content to the information of people who are not authorized to learn it. Sending it to a single person is enough to complete the crime.
What is the penalty for sharing private photos without permission?
A prison sentence of two to five years is foreseen for the act of disclosure. Recording the image without permission is a separate act and requires a one-fold increase in the basic penalty of one to three years. If two acts are committed together, the penalties are determined separately.
How long is the complaint period?
You must file a complaint within six months from the date you learned about the act and the perpetrator. After the period expires, the right to sue disappears.
What happens if the perpetrator is abroad or unknown?
A complaint can still be made. The prosecutor’s office conducts an investigation to identify the perpetrator through platform records and IP detection. Uncertainty of identity does not preclude application; On the contrary, early application ensures that the registrations are obtained before they are deleted.
How long does it take for content to be removed from the internet?
The provisions of Law No. 5651 regarding the privacy of private life allow results to be obtained within hours in cases where delay is harmful. In the ordinary way, access blocking can be implemented within a few days by the decision of the criminal judgeship of peace.
Result
Sharing private photos without permission is a violation of a person’s most protected area and has permanent consequences. Turkish law punishes this act with a serious prison sentence, and also allows for the rapid removal of the content and a claim for compensation. However, the success of the process depends on two things: preserving the evidence before it is lost and not missing the six-month complaint period. The fact that the image was taken with consent does not eliminate the right to complain. When faced with such a situation, instead of acting in panic, contacting a criminal lawyer without wasting time will ensure that both criminal and legal remedies are carried out in the correct order.
Disclaimer: This article is for general information purposes only and does not constitute legal advice. Since each case has its own unique circumstances, you should definitely consult a lawyer before taking any steps regarding your concrete situation. The evaluations in the article have been prepared based on the legislation and judicial decisions at the date of publication.
Applicable work area
If you need legal support on this matter
You can review our pageCriminal Law
You can contactto evaluate your file..
