Family law in Turkey is undergoing significant reforms. The upcoming 12th Judicial Package aims to solve the chronic duration problem of divorce cases by separating compensation and alimony claims from the divorce itself. We discuss this revolutionary change from a legal perspective.
In our legal system, the privacy of communications is constitutionally guaranteed. The existence of a WhatsApp group does not mean the conversations are open to the public. It is considered a "closed or semi-closed communication area." Leaking conversations without the consent of others is a direct violation of criminal law and the rule of honesty.
What Crimes Occur Under the Penal Code?
Sharing screenshots from WhatsApp groups can trigger several crime articles under the Penal Code, such as Violation of Privacy of Communication (Article 132), Unlawful Acquisition and Spread of Personal Data (Article 136), and Violation of Privacy of Private Life (Article 134).
"Leaking a screenshot of a message written in the intimacy of a WhatsApp group is not just a breach of trust; it is a severe informatics and communication crime punishable by imprisonment."
Can it be Used as "Evidence" in Court?
According to Supreme Court jurisprudence, screenshots taken to prove a crime committed against oneself (e.g., threat, blackmail) can be considered lawful evidence if there is no other way to obtain evidence at that moment. However, this only applies to evidence presented to judicial authorities. Exposing it to third parties or social media is still a crime.