QUALITATIVE FORMS OF INSULT OFFENCE
Against a public official for his duty.
Any person can be the victim of the offence of defamation. But the fact that public officials are insulted due to their duties. Is an aggravating reason for the punishment of the offence. For this, it is not enough for the offence of insult. To be directed against a public official, it must be committed. Because of the public duty performed by the public official.
Explaining, changing, trying to spread his/her religious. Political, social, philosophical beliefs. Thoughts and convictions, acting in accordance with the orders and prohibitions of the religion he/she belongs to.
By mentioning the values considered sacred according to the religion to which the person belongs.
Public perpetration of insult.
In general, it is necessary to accept that publicity is realised. If the act is said in an environment where it can be seen and heard by any person.
PUNISHMENT FOR INSULT OFFENCE
Different penalties are stipulated for the simple and qualified forms of the offence. For this reason, we will specify the penalty amounts corresponding to the simple and qualified cases separately.
Simple Insult.
The offence of simple insult is regulated. In Article 125- (1) and (2) of the TPC. “A person. Who imputes a concrete act or fact to another person (…) that may offend his/her honour. Honour and dignity or who attacks the honour. Honour and dignity of another person by swearing shall be sentenced to imprisonment from three months to two years or to a judicial fine. In order to be punished for insulting the victim in absentia. The act must be committed in the presence of at least three persons.
If the act is committed by means of an audio, written or video message addressed to the victim, the penalty specified in the paragraph above shall be imposed.” In the case of the simple form of the offence in question, the defendant shall be sentenced to imprisonment from three months to two years or a judicial fine.
If the simple form of the offence is in question; the judge will impose either a prison sentence or a judicial fine.
Qualified Defamation Offence
The offence of insult
Against a public official because of his duty.
Explaining, changing, trying to spread religious, political, social. Philosophical beliefs, thoughts and convictions, acting in accordance with the orders and prohibitions. Of the religion to which he/she belongs.
If the offence is committed by mentioning the values considered sacred according to the religion to which the person belongs. The lower limit of the penalty cannot be less than one year.
If the offence of defamation is committed. With the qualified circumstances mentioned above. The lower limit of the penalty cannot be less than one year. The fact that the victim is a public official and the insult is made because. Of his/her duty, insulting the sacred values of the religion. To which the person belongs or the exercise of freedom of religion is accepted. As a qualified form of the offence of insult.
Another situation that increases the penalty. Is if the insult is committed publicly. If the insult is committed publicly. The penalty is increased by one-sixth. In general, it is necessary to accept that publicity is realised. If the act is said in an environment where it can be seen and heard by any person. In this case, an unspecified number of people will be able to easily learn the insult.
Today, it is necessary to accept that publicity is also realised in. Acts of defamation committed through social media tools such as twitter, instagram and facebook. Which are carried out over the internet.
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