Social media, which started with finding old friends, then created different platforms and became able to even create business relationships in business life. The negative situation waiting for social media users who take advantage of the opportunities provided by social media companies such as Facebook, Twitter, Youtube, Instagram, social media accounts are hacked despite the security measures taken (stolen) status In the face of such a negative situation, there are legal ways that people can apply. Another name for the state of social media hacking "It Crime”stop. It is worth noting that the person who hacked and accessed the person's information illegally committed an IT crime here and was punished accordingly. In the use of social media, electronic data stored by downloaded applications from people's bank information to their date of birth is stolen by other people in case of criminal law. law enforcement will occur.
A number of activities performed by people who stole a social media account include:
* Social media account can be stolen by redirecting the social media account owner to a fake page and logging in from here. This is a common condition.
* The password of the account that the person uses can be guessed. This is another common condition.
* This activity, which has been present since before, is carried out with verbs such as virus infection, malware placement.
It is a crime in our Turkish law. Provisions relating to this crime 243. references edited. According to the article mentioned, in case of social media hacking, i.e. theft, it is necessary to look at the circumstances of the crime. Facebook account or password theft decriminalization is considered among crimes committed on social media. No. 243 of the Turkish Penal Code No. 5237. references any person who enters part or all of the information system in violation of the law and continues to stay there by exchanging passwords is subject to a prison sentence of up to one year and a judicial fine. The condition that an act made under the provision of this article can be considered a crime is that the hacker performs this act without doing so without the consent of the account holder. However, if it is processed about the systems and practices that can be used for the cost of the act defined in the previous paragraph in the articles that follow this article, the penalty deemed appropriate by the judge is reduced to half the rate. Therefore, as clearly stated in the Turkish Criminal Code and presented to the citizens, the Facebook account belonging to any of them is obtained by illegal means and is subject to sanctions when logging into the account.
If the person whose social media account was stolen is responsible for the shares made after it was stolen, the person who stole the account is not responsible or even the person who stole the social media account, as well as the person who stole the social media account Privacy and violation of private life and it would be appropriate to indicate that he violated it. Sharing videos or images without the knowledge of anyone who has stolen a social media account or leaking information belonging to someone else from another fake account constitutes a crime of violation of the privacy of personal life via the internet. This crime is classified as 134 of the Turkish Penal Code. In the article are arranged. According to the article of this law, the disclosure of images or sounds belonging to other people via the internet in the internet environment constitutes an aggravated crime of violation of the privacy of private life and the person who committed this crime 2 - 5 years imprisonment references
First, the person must reach the social media platform that they suspect has been stolen from the Contact section and indicate that your account has been compromised. This issue is actually a "the beginning of evidence” it can be counted as because it contains the complaint that the person has submitted to the platform and can then submit the document to the court. The court considers this document as the beginning of evidence. For this reason, before going to the prosecutor's office, he must file a complaint with the platform to which the account is connected.
If the application for a complaint is rejected by the relevant platform, it may request that access to The Information Technology and Communication Authority (BTK) be blocked. If the request is accepted, the person must also submit the URL addresses reported to the magistrate within 24 hours as a reason for the violation of the privacy of his private life. Otherwise, the request that is not provided will automatically result in a negative result.
If results cannot be obtained from these stages, the person can eventually apply to the prosecutor's office of the place where he is located and file a complaint to open a public case. But it is healthier for the account holder, who will complain that there will be a detailed prosecution, to follow up their case with a lawyer who specializes in this area.
If a person's data is shared on a stolen social media account without their knowledge, their personal right can be damaged, as the privacy of their private life will also be violated. A person can sue for moral compensation by going to the court where they are located to remedy this damage. This case is a civil trial, and the court will evaluate the evidence and decide that the person who stole the account should pay moral compensation for the amount he will appreciate.
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