LEGAL EVALUATION OF THE SHARING OF THOUGHTS AND IDEAS VIA SOCIAL MEDIA

Sharing Thoughts and Ideas Via Social Media

In today’s era, with the increase in the use of social media, the occurrence of defamation crime through social media has started to come to the agenda more and more. People insult to share through social media, as they are able to commit the crime of slander and threats through social media platforms, sites, friends, or non-people on social media their comments and/or photos to be used without the consent of the processing of their owners may lead to a crime.

As a result of the fact that social media content is seized in any way by people who are registered as friends on social media pages or third parties who are not registered and shared for any purpose, without the consent of the owners, it becomes possible to file a lawsuit on the person’s behalf due to complaints made to the judicial authorities.Cases considered in the judicial authorities in this regard are usually considered within the scope of the crime of violation of the privacy of private life. Again, according to the situation of the concrete incident, the nature of the crime changes and it is seen that it is considered within the scope of the crime of violation of the freedom of communication or violation of the security of personal data.

Regarding the exchange of thoughts and ideas made within the scope of the exercise of constitutional and legal rights:

The first paragraph of Article 12 of the 1982 Constitution, which regulates the nature of fundamental rights and freedoms, states: “Everyone has basic rights and freedoms that depend on his personality, are inviolable, inalienable, indispensable.” provision,

According to the first paragraph of Article 20, which regulates the confidentiality of private life: “Everyone has the right to demand that his private life and family life be respected. The privacy of private life and family life cannot be touched.” provision,

Article 22 of the Regulation on freedom of communication: “(Amended: 3.10.2001-4709/7 art.) Everyone has the right to freedom of communication. Confidentiality of communication is essential.” provision,

According to the first paragraph of Article 24, which regulates the freedom of religion and conscience: “Everyone has the right to freedom of conscience, religious belief and opinion.“with the provision of the third paragraph of the “No one can be forced to explain their religious beliefs and convictions to worship, (…); they cannot be condemned and blamed for their religious beliefs and convictions.” provision,

Article 25 of the regulation on freedom of thought and opinion states: “Everyone has the right to freedom of thought and opinion.” the provision and

Article 26, which regulates the freedom to express and disseminate thought, states: “Everyone has the right to express and disseminate his thoughts and opinions alone or collectively by word, article, image or other means. This freedom also includes the freedom to receive or give news or ideas without the intervention of official authorities. (…)” provision,

It has very clearly and clearly regulated the rights and responsibilities granted to citizens.

According to the statements, in investigations or investigations into allegations of criticism of political authority and /or officials representing public authority; even if they are opponents of political authorities, it is legally and legally impossible to accuse people of sharing ideas, thoughts and beliefs and beliefs on social media that are not a crime, liking social media shares in this direction; on the contrary, it is considered that such personal rights and freedoms should not be kept away from attention that they are guaranteed and protected by the Constitution and laws.

 

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