Yes, a screenshot can be submitted as evidence in Türkiye: Article 199 of the Code of Civil Procedure treats image recordings and electronic data as documents. But judges assess evidence freely and the other side can dispute the record. For platform notices, a link and a dated screenshot usually do the job; where litigation is likely, add a notarized e-capture or court-ordered evidence preservation.
Where is a screenshot weak?
The problem is not that screenshots are rejected but that one alone proves little. Without the address bar, nobody can tell which page it shows. Without a date, nobody can tell when. Without the original file, nobody can tell whether it was edited. Article 198 of Law No. 6100 lets the judge weigh evidence freely, and Article 190 puts the burden of proof on the party relying on the claim, so answering those questions is the brand owner's job.
The second limit is how the evidence was obtained. Under Article 189, illegally obtained evidence is not considered in civil proceedings, and Article 217 of the Code of Criminal Procedure also requires lawful evidence. Logging into someone else's account or pulling content from a closed group without permission is therefore a risky shortcut. If in doubt, ask your lawyer.
What does each method give you?
| Method | What it gives you | Where it helps | Limit |
|---|---|---|---|
| Manual screenshot | A fast first record | Platform notices, internal decisions | Open to challenge |
| Dated system record with a hash | Capture time and a SHA-256 digest showing the file has not changed | Monitoring at scale, platform notices, a file ready for counsel | A private record, not an official act |
| Notarized e-capture | A notary's record of the web page and files | Lawsuits and criminal complaints | One procedure per listing, with a notary step |
| Court evidence preservation | Court-ordered inspection and expert examination | Technical cases, high risk of loss | Requires an application and a decision |
| Test purchase | The product itself, invoice and shipping record | Counterfeit claims | Complements a page record, does not replace it |
How does a notarized e-capture work?
The legal basis is Articles 61 and 198/A of Notary Law No. 1512. Article 198/A allows notaries to record the state, images, transactions and similar data found in electronic media. Under Article 82, such notarial acts stand unless proven otherwise, so they are not unchallengeable, but they are a much stronger starting point than a manual image.
According to the Union of Turkish Notaries' E-Tespit Portal, the process is:
- Log in through e-Devlet, the Turkish e-government gateway.
- Capture the web pages and downloadable files. The system runs around the clock.
- The system issues an application number by email and SMS.
- Have a notary prepare the e-capture report. The portal says the capture is not valid without this report.
The portal also says the process can be completed with an electronic signature without appearing before the notary. Since login is personal, decide in advance who will handle it for the company. If social media content is only visible when logged in, agree the approach with your lawyer first.
When do you need a court to preserve evidence?
Under Article 400 of Law No. 6100, a party can request an inspection or expert examination to establish a fact for a future lawsuit. Legal interest is presumed where the evidence might otherwise be lost or become much harder to present. Article 403 allows preservation without notifying the other side where necessary. Article 150 of Industrial Property Law No. 6769 also lets a right holder ask the court for a decision on preserving evidence before a damages claim.
This route makes sense when you need to go beyond the listing: stock in a warehouse, a production line or sales records. For the image of one page, an e-capture usually suffices.
Does every listing need a notary?
No, and it would not be practical. In monitoring at scale, findings are recorded with dates, prioritized, the chosen files go to e-capture, and only then to a notice or lawsuit. Reserve e-capture for:
- sellers likely to face a lawsuit or criminal complaint,
- high sales volume or products with a health or safety risk,
- sellers who have objected before or returned under a new account,
- cases heading for a preliminary injunction, since Article 159 of Law No. 6769 requires proof that infringement is taking place.
Order matters too. A platform notice can remove the listing, and a removed page cannot be captured. So where litigation is possible, capture before you report.
What should a good record show?
- The full address bar and source link.
- The date, time and who took the record.
- The whole page: seller name, store address, product title, price, stock and images.
- The original file, uncompressed and unedited. If a cropped copy exists, keep the original as well.
- A file hash, the simple way to show it has not changed.
- Seller identity details and the listing's first and last seen dates.
- A comparison note against your official product image and registration certificate.
How should the evidence file be organized?
Start with a one-page summary: proof of rights, grounds for infringement, seller, capture date and the outcome requested. Then add listing records, notary reports, test purchase documents, customer complaints and platform correspondence in date order. Keep the seller's objection documents and the platform's reply on file as well, because when the same seller returns, that history is what you will read. For notice-stage documents, see how to file a counterfeit complaint on a marketplace.
This article is general information. Your lawyer decides which evidence is enough for a given file.
Does an Authex record replace a notarized capture?
No. Authex records the listing's screenshot and source link, dated by server time, runs integrity checks on evidence files with a SHA-256 digest, keeps first and last seen dates, and prepares a draft notice and evidence pack for the platform. For evidence to be used in court, a separate notarial capture is recommended. The record helps decide which of hundreds of findings is worth capturing; the rights holder or their lawyer runs the notice and any legal process. See the technology page.
