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Prohibition of Access Due to Violation of Personal Rights

02 November, 2020

The principles and procedures regarding the fight against certain crimes committed in the internet environment through content, location and access providers are regulated in the Law No.5651 on Regulating Broadcasts Made on the Internet and Combating Crimes Committed Through These Publications ("Law No. 5651"). 

Personal rights are the aspect protected by the legal order of the personality of the people gained with their birth according to private law, and on which they add new values day by day through their personal development, material and moral integrity, when appropriate their name, their professional career and in short, the social gains accumulated by their family and even their social environment and achieved on all their material and spiritual integrity in self-realisation and their interests that change / expand over time.1 Personal rights are absolute rights and can be claimed against anyone. 

Under Article 9 of the Law No. 5651, the right to request the removal of the content from broadcast is regulated for the people whose rights are violated through to content on the Internet. In the event where content, such as news, comments, pictures, videos, etc. which violate the personal rights of a person, is shared on the Internet, real and legal persons and institutions and organizations claiming that their personal rights have been violated may request the removal or blocking of access from the following: 

  • The content provider through reaching the content provider, 
  • If the content provider cannot be reached, through applying to the hosting provider and using the notification method, 
  • Through directly applying to the criminal court of peace. 

Hosting providers are real or legal persons who provide or operate systems that host services and content. In other words, they are internet environments that contain content where personal rights can be violated. Examples of these include sites such as Facebook, Twitter, Instagram, YoutubeEkşi Sözlük, and X News Site. Content providers, on the other hand, are natural or legal persons who produce, modify and provide all kinds of information or data provided to users on the Internet. They are real or legal persons who make sure that content is included in the hosting provider. For example, these include accounts that share content through the hosting providers listed above, such as real or legal persons who produce news to be published on news sites and forward them to the hosting provider. 

The Law No. 5651 provides the opportunity to apply directly to content or hosting providers, That being said, a person can request to remove the content that damages personal rights or to block access to the content by applying to the Criminal Courts of Peace regardless of these possibilities. Applications made to the Criminal Courts of Peace are finalised within 24 hours at the latest without a hearing, and a decision can be made to block access to content that violates personal rights. 

The decision made by the Criminal Court of Peace is sent to the Access Providers Union ("Union"). When the Union sends the decision to block the access sent to the access provider, and the requirement should be fulfilled by the access provider within 4 hours at the latest. The responsible person who does not fulfil the decision of the Criminal Court of Peace will punished with a judicial fine that can range between five hundred and three thousandliras. Appeals can be filed against the decision to remove the content or block access in accordance with the provisions of the Code of Criminal Procedure No. 5271. 

 

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