Mimihan Halbin Zaidan

Bitlis – Digital violence, a form of violence against women using technological means, has become an increasing threat to women with the entry of artificial intelligence into daily life.

The absence of necessary mechanisms to deal with this phenomenon allows digital violence to continue as a systematic form of violence in women's lives. Our agency previously highlighted the suffering of university student Zeynep Aktaş (pseudonym), where her story showed how these forms of violence particularly affect young women.

Lawyer Perwin Ozhan, from the Women's Committee of the Van branch of the Association of Jurists for Freedom in North Kurdistan, provided assessments on the impact of digital violence on women's lives and the legal penalties related to it. She pointed out that digital violence has become more widespread as a result of internet development and digital transformation, affirming that digital violence is a multi‑dimensional form of violence, and that the continuation of these violations increases the risk of women and children being subjected to other forms of violence as well.

"Redistribution of content makes it harder for the victim to be forgotten"

 

She said that technological development is not limited to likes and follows, but also includes the use of fake accounts, hiding identity, and using VPN programs, making it more difficult to track and arrest perpetrators.

She added: "These posts can also be sent to a large number of people, and they can become permanent on the internet, making it harder for the victim to be forgotten. With the development of technology, a form of violence known as revenge porn has emerged, along with other concepts such as cyberstalking, online sexual violence, electronic hate speech, online misogyny, and incitement against women. Perpetrators can continue this form of violence without being caught."

She continued: "With the development of artificial intelligence and the emergence of so‑called deepfake technology or AI‑generated fake content, it has become possible to superimpose the images and voices of real people onto other footage to produce new videos. Thus, statements or actions that never occurred may appear. In the face of this, victims may also be subjected to crimes such as harassment, fraud, and threats."

"50 percent of children are subjected to cyberbullying"

Perwin Ozhan pointed out that the digital environment may witness different forms of violence, such as manipulated videos, cyberstalking, revenge porn, in addition to so‑called "AI bias."

She added that according to a study by the European Union's Joint Research Centre, 50 percent of children between the ages of 10 and 18 are subjected to cyberbullying. She also explained that images and clips based on visual content are considered forms of child sexual exploitation and digital abuse.

"There is no specific law for revenge porn in Turkey"

Perwin Ozhan noted that many countries around the world have enacted specific laws to combat so‑called revenge porn, explaining that the United States, Canada, Australia, and Israel have dedicated legislation for this type of crime. "In Turkey, there is still no specific law on this matter. These cases are often handled through existing laws within the Turkish Penal Code, either by amending current laws or introducing new definitions of crimes. In particular, Article 134 of the Turkish Penal Code addresses the crime of violating the privacy of private life. Using technological means to facilitate this crime is an aggravating circumstance, but this crime is not entirely regulated independently; it overlaps with other crimes within a common framework."

She gave an example: "Even if a sexually explicit video is recorded with the person's consent, publishing or distributing it without the victim's consent is a crime, and can also be evaluated within the framework of Article 134. In addition, there are other crimes such as unlawfully publishing, obtaining, or recording personal data."

"Impunity policy empties sentences of their meaning"

The lawyer also spoke about the penalties stipulated in Turkish law. "According to the second paragraph of Article 134 of the Turkish Penal Code, if the violation of private life privacy is committed using the facilities provided by technology, the perpetrator may be sentenced to two to five years in prison. But unfortunately, due to current amendments in the execution of sentences laws, the perpetrator can enter and leave prison within a very short period. This is a form of impunity policy, because the sentence is not fully served in correctional institutions."

She explained: "If a sexual assault is recorded within so‑called revenge porn, and then those videos are leaked, the type of crime and penalty differ depending on the content of the video and the nature of the incident. This may include crimes such as sexual exploitation or having sexual relations with a minor. Thus, the perpetrator may face multiple penalties for different crimes."

"Content can be blocked"

Perwin Ozhan affirmed that harassment in the digital environment can sometimes be more traumatic and impactful than physical harassment, due to its intensity and permanent nature. She explained that it is possible to limit this permanent spread of content by blocking access to it, based on Law No. 5651 concerning the regulation of online publishing.

She said that the victim can apply to the court to block this content. "When we talk about physical violence, what usually comes to mind is only the direct confrontation between the perpetrator and the victim. But in the case of digital violence, the victim may not only face violence from the perpetrator; they may also face physical violence from those around them, such as a father, brother, or even mother."

She explained that through recent studies, "we observe that economic, psychological, physical, and sexual violence do not occur in only one environment; they are often preceded by digital violence. It starts in cyberspace, then continues later in real life. There is a kind of continuous loop between them. So we cannot yet provide precise numbers or clear data, especially since there are no comprehensive reports available on this matter. But we see that digital violence may be the first stage, followed later by forms of physical or real‑world violence."

"The victim's silence gives the perpetrator more audacity"

She spoke about the steps to be taken when exposed to digital violence. "It is very necessary for victims to receive professional support. This does not necessarily mean paying for a private lawyer, as there are mechanisms for automatic appointment of lawyers within the Code of Criminal Procedure, and legal support can be requested through them. One can also go to bar associations for legal aid. This is very important for us."

Lawyer Perwin Ozhan concluded by affirming that "victims often feel fear or remain silent, but this silence encourages perpetrators and gives them more audacity, especially when they face no punishment. Sometimes women hesitate to report or file a complaint due to social pressures and fear of scandal. Nevertheless, decisions can be made to keep court files confidential. Through these procedures, and with the help of lawyers or by obtaining different professional support, women can get through this stage more safely and comfortably.