Article 125 of the TCK also regulates the offense of defamation. According to the law, in order for the offense of defamation to occur, a specific act or fact must be attributed to the victim or the act of swearing must be committed. It is necessary that this concrete act or phenomenon be in such a way as to offend the honor and dignity of the victim. The legal value protected by the crime of defamation is values such as the honor, dignity, dignity, honor and reputation of people in society.
Article 125/1 of the Turkish Commercial Code regulates insults against the face. Accordingly, attributing or cursing a fact against a person is an electoral act that constitutes a crime of defamation. The attributed verb or fact must necessarily be in such a way as to offend the honor and dignity of the person. But it is not sought to offend the person’s honor and deprivation. The presence of a word or movement that can offend is sufficient. The judge will evaluate this situation on his own. The criteria to be taken as the basis for the evaluation are the environment, public opinion, conditions, local customs and customs owned by the parties, and criteria such as the victim’s adjective.
The provisions of the Law No. 5816 on Crimes Committed Against Atatürk are applied to insulting and insulting acts and words committed against Atatürk’s memory.
What Is An Insult In Absentia?
An insult in absentia, in other words, an insult in absence, occurs when the victim of the crime does not hear or see the insult addressed to him. In absentia, in an insult, third parties who have heard or seen the insult addressed to the victim other than the victim transmit this insult to the victim. In order for the perpetrator to be punished if the offense of defamation is committed in absentia, that is, where the victim is not present, at least three people must hear this insult. In order for the insult to be punished in absentia, the perpetrator must know the conflict.
If other persons who are unaware of the existence of the perpetrator have also heard about the offense of defamation committed by the perpetrator by taking a person as an interlocutor, the element of dispute does not occur. As another example, the element of conflict is not realized by the fact that the perpetrator says insulting words to a person, and that person also says them to others. But if the perpetrator asks him to convey these words to others, then the offense is formed. In order for the offense of defamation to be committed in absentia, there must necessarily be a conflict with at least three people. It is not necessary that the dispute take place by word of mouth. It can also be transmitted to at least three people through another means of communication.