Slander means attributing something that harms a person’s honor, dignity and respect, or spreading fabricated news about that person. Defamation is regulated in Article 267 of the Turkish Penal Code.
Elements of the Crime of Defamation
The elements of the crime of slander are:
Imputation: The basic element of the crime of slander is to attribute something to someone. The imputation can be made verbally or in writing.
The imputation must be of a nature that harms the honor, dignity and respect: The thing that is imputed must be of a nature that harms the honor, dignity and respect of the person.
Untruth of imputation: The thing imputed must not be true. Even if what is alleged is true, the crime of slander does not occur.
Penalty for the Crime of Slander
The penalty for slander is imprisonment from 1 to 4 years and a judicial fine.
Qualified Cases of the Crime of Slander
The qualified cases of the crime of slander are as follows:
Committed against a public official: If the crime of slander is committed against a public official, the upper limit of the penalty is imprisonment from 4 to 8 years and a judicial fine.
Committed through press and publication: If the crime of slander is committed through press and publication, the upper limit of the penalty is imprisonment from 8 to 12 years and a judicial fine.
Committed against authorities that can decide to commit a crime: If the crime of slander is committed against authorities that can decide to commit a crime, the upper limit of the penalty is imprisonment from 12 to 18 years and a judicial fine.
Complaint in the Crime of Defamation
The crime of slander is subject to complaint. However, if it is committed against a public official or through press and publication, it is not subject to complaint.
Statute of Limitations for the Crime of Defamation
The statute of limitations for slander is 8 years.
Prevention of the Crime of Defamation
In order to prevent the crime of slander, people must use legal means to defend their rights and not make untrue statements.
As a result, the crime of slander is a crime that harms a person’s honor, dignity and respect. In case of slander, heavy penalties are foreseen. Therefore, care must be taken to avoid committing the crime of slander.