Türkiye's Court of Cassation says heart emojis to influencers alone don't undermine trust

The 2nd Civil Chamber of Türkiye's Court of Cassation ruled that heart emojis sent to public figures and influencers cannot, by themselves, be considered conduct undermining marital trust. A man who insulted his wife by calling her "ugly" was found to be seriously at fault.

The 2nd Civil Chamber of Türkiye's Court of Cassation issued a precedent-setting ruling in a divorce case filed in Elazığ. The chamber said heart emojis sent to public figures or influencers express sympathy and admiration, and that such conduct alone cannot be considered an act undermining trust and damaging the marital union.

The local court in Elazığ, which first heard the case, had deemed the woman's sending heart emojis to a doctor known online and an influencer conduct undermining trust. The court also found the man at fault for keeping his wife under pressure through excessive jealousy and calling her "ugly," deemed the parties equally at fault and granted the divorce.

Alyanslar (temsilî)

The 2nd Civil Chamber of the Diyarbakır Regional Court of Appeal, which reviewed the appeal, claimed it had been proven that the woman had engaged in conduct undermining trust with three different men. It therefore found the woman seriously at fault and the man slightly at fault. The woman then took the case to the Court of Cassation.

The 2nd Civil Chamber of Türkiye's Court of Cassation found the Regional Court of Appeal's assessment of fault unlawful and unanimously overturned the ruling. The chamber emphasized that the audio recordings submitted by the man as evidence constituted ambient eavesdropping and had been obtained unlawfully, while the messages contained no clear evidence supporting conduct that undermined trust. The man, who subjected his wife to psychological pressure through excessive jealousy and insulted her, was deemed seriously at fault, and the case was sent back to the Regional Court of Appeal for a new ruling.

Türkiye's Court of Cassation says heart emojis to influencers alone don't undermine trust