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Fake Profile and Digital Identity Theft: Legal Solution

15 Mart 2026 Internet Law 2 dk okuma 60 görüntülenme

Opening a fake social media profile with someone else's name/photos is one of the most common cyber crimes in recent years. It may cause various harm to the victim.

Possible Harms of Fake Profile

  • Damage to reputation (spreading insults/slander through a fake account)
  • Used as a fraud tool
  • Asking for money from relatives (whatsapp / messenger fraud)
  • Distributing nude/inappropriate content (deepfake, photoshop)
  • Influence of the victim's real profiles
  • TCK Article 135 - Illegal recording of personal data: 1-3 years imprisonment
  • TCK Article 136 - Dissemination of data: 2-4 years imprisonment
  • TCK Article 245/2 - Performing transactions on behalf of someone else using the information system: 3-6 years imprisonment
  • TCK Article 125 - Insult (if insulted through a fake account)
  • TCK art.158/1-f — Information system vehicle fraud (if money is requested from relatives)

What the Victim Will Do

  • Save fake account's profile URL
  • Take profile screenshots (URL, date visible)
  • Save content with screenshot
  • If possible, have notary identification
  • Fill out the social media platform's "impersonation report" form
  • Complaint to the Public Prosecutor's Office
  • Access blocking request from the Criminal Court of Peace within the scope of 5651/m.9
    • Instagram/Facebook: Help Center → "Report Impersonation"
    • Twitter/X: Help → "Report Impersonation"
    • TikTok: Profile → Three Dots → "Report"
    • LinkedIn: Help Center → "Reporting Inaccurate Profiles"

    Supreme Court Approach

    The 12th CD and later the 8th CD of the Supreme Court of Appeals adopted that creating a fake profile is in the nature of "systematic personal data processing" and that using the victim's photographs without permission may also constitute the crime of dissemination under TCK Article 136.

    Compensation Cases

    A lawsuit for material and moral damages may be filed against the perpetrator. The loss of reputation and psychological damage experienced by the victim are taken into account.

    Preventive Measures

    • Get your social media accounts verified (blue tick)
    • Add watermarks to your profile photos
    • Turn on two-factor authentication
    • Do not accept friend requests from people you do not know
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    Internet law lawyer

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