Crimes Committed Through Social Media Applications and Their Penalties Under Criminal Law

Abstract

This study examines the phenomenon of cybercrimes committed through social media applications. The forms of these crimes and abusive practices on social media platforms are numerous and often fall under the umbrella of cyberbullying, harassment, identity theft, cyberstalking, privacy violations and the dissemination of secrets, defamation, phishing, and cyber extortion. The research aims to analyze the legal framework governing the use of social media applications, identify the types of crimes committed through them, and assess the adequacy of national legislation in addressing them. It also offers practical and legal proposals to enhance digital criminal protection. The researcher employed an analytical approach to examine relevant legal texts and a comparative approach to compare legal practices in different countries. The research concluded that traditional legislation is inadequate to address modern crimes committed through applications and that there is a legislative gap regarding the liability of application companies. The research recommends updating criminal laws, strengthening digital evidence mechanisms, and imposing explicit legal obligations on digital service providers. The research offered recommendations for legislative reform, including enacting an independent digital criminal procedure law and adopting the concept of a "digital territory" to address the issue of cross-border jurisdiction. It also included innovative technological solutions such as using blockchain technology to ensure the security of digital evidence storage and establishing platforms for immediate electronic judicial assistance between countries. At the institutional level, it recommended establishing a joint regional digital forensics laboratory, a "duty judge" system for expedited decisions on digital search warrants, and a mandatory specialized training program to enhance the technical skills of judges and investigators. Regarding criminal liability, it proposed a tiered model that differentiates between the responsibilities of publishers, administrators, and service providers.