Akademik Veri Yönetim Sistemi
1. INTERNATIONAL ORDU SCIENTIFIC RESEARCH CONGRESS, Ordu, Türkiye, 13 - 14 Nisan 2026, ss.171, (Özet Bildiri)
A significant portion of behaviors regarded as bullying in social life fall within the scope of criminal law, as they correspond to the legal definitions of various offences. With the advancement of information and communication technologies, these behaviors have assumed a new form referred to as cyberbullying. As in traditional bullying, cyberbullying involves a power imbalance between the perpetrator and the victim, as well as the repetition of harmful conduct. In addition, anonymity, ease of access to the victim, and a high degree of publicity stand out as defining characteristics of cyberbullying. Due to its distinctive structure shaped by these features, cyberbullying can cause substantial harm to victims. This situation has raised the question of whether existing criminal legislation is sufficient to combat cyberbullying. Consequently, some contemporary legal systems have introduced new offence categories, while others have amended existing ones. The most debated issue in this context is whether behaviors constituting cyberbullying should be regulated as autonomous offences. Under the current legal framework, the Turkish Penal Code (Law No. 5237) contains no such provision. Nevertheless, many forms of cyberbullying are punishable under existing offences such as sexual harassment (Art. 105), threat (Art. 106), blackmail (Art. 107), disturbance of the peace and tranquility of individuals (Art. 123), insult (Art. 125), offenses against privacy and secrecy of life (Arts. 132– 138) and offenses in the field of data processing systems (Arts. 243–244). This study first examines the concept of cyberbullying together with its distinctive features. It then analyzes the aforementioned offences under the Turkish Penal Code in the context of cyberbullying, including relevant Court of Cassation case law. Finally, an assessment will be made as to whether the existing offence categories are sufficient to penalize acts constituting cyberbullying.