1) INTRODUCTION
The Act of the Regulation of Publications on the Internet and Combating Crimes Committed through These Publications (The Act), regulates the removal of content and blocking access to the content. According to The Act, in the circumstances examined in detail below, the relevant authorities can decide to remove the content or block access to the content partially or completely.
2) DEFINITIONS
Host Providers: Natural or legal persons who provide or operate systems that host services and content.
Content Providers: Natural or legal persons who generate, alter and provide all kinds of information or data offered to users over the Internet.
Access Providers: All natural or legal persons who provide access to the internet to their users.
3) REMOVAL OF CONTENT OR BLOCKING ACCESS TO THE CONTENT
A) Publications On The Internet Wherein The Content Constitutes A Crime
*If there is sufficient suspicion that the publications on the internet constitute one or more of the following crimes then it is decided to remove the content or block access to the content.
-Offenses that are promoting suicide, sexual abuse of children, facilitating the use of narcotic drugs or psychotropic substances, providing dangerous substances for health, obscenity, prostitution, providing a place and provide an opportunity for gambling
-Offenses under the Law on Crimes Committed Against Atatürk
-Offenses under the Law on Organizing Betting and Games of Chance in Football and Other Sports Competitions
-Offenses of unauthorized acquisition, obtaining, stealing, forging, counterfeiting and destroying information and documents related to the duties and activities of the National Intelligence Organization (NIO), disclosing the identities, positions, duties and activities of NIO members and their families by any means, and forging or altering the identities of NIO members or using these forged documents
*Decisions to remove content or block access to content are made by the judge during the investigation stage and by the court during the prosecution stage. In cases of delay during the investigation stage, the Public Prosecutor can also decide to remove content or block access to content, with the requirement of submitting their decision to the judge for approval within twenty-four hours. If the judge does not approve the decision, the Public Prosecutor must immediately revoke the precautionary measure.
*After the decision is sent to the Information Technologies and Communication Authority (Authority) it will be implemented immediately and within four hours at the latest. The decisions can be appealed.
*The President of the Authority (the President) has the authority to directly decide on the removal of content or blocking access to publications when the content constitutes a crime, as mentioned above. The President’s decision shall be promptly notified to the relevant content, host and access provider and shall be executed immediately, within a maximum of four hours. If the identities of the individuals responsible for the publications can be determined, the President shall also file a criminal complaint with the Chief Public Prosecutor’s Office.
*If a decision of non-prosecution is made as a result of the investigation or an acquittal decision is made during the prosecution stage, the decisions to remove the content or block access to content will be revoked.
*Content, host or access providers who fail to implement the decision to remove content or block access issued by the judge, Court or Public Prosecutor as a protection measure can be subject to a judicial fine from five hundred days to three thousand days, except in cases where the act constitutes another crime requiring a more severe penalty.
*Content, host or access providers who fail to implement the decision to remove content or block access issued by the President as an administrative measure can be subject to an administrative fine of ten thousand Turkish Liras to one hundred thousand Turkish Liras, imposed by the President.
*Blocking of access decisions are normally made regarding the part of the content where the violation has occurred. However, in cases where it is not technically possible to block access to only this part of the content or the violation cannot be prevented in this way, a decision to block access to the entire website can be made. It is also possible that access blocking decisions can be issued for a limited period if they are considered to be capable of achieving the purpose.
B) Content Removal Or Blocking Access To Content In Cases Of Delay
*Based on one or several reasons such as the protection of the right to life, the security of life and property, national security and public order, prevention of crime or protection of public health, decisions can be made by the judge or for the protection of national security and public order, prevention of crime or protection of public health, the President can issue a decision to remove the content or block access to content upon the request of the relevant ministry in cases where delaying such actions would be inconvenient. The decision shall be promptly notified to the relevant content, host and access provider by the President and shall be executed immediately, within a maximum of four hours.
* The President shall submit the decision to the Criminal Court of Peace for approval within twenty-four hours. If the judge does not announce his/her decision within forty-eight hours, the decision will be automatically revoked.
*Blocking of access decisions are normally made regarding the part of the content where the violation has occurred. However, in cases where it is not technically possible to block access to only this part of the content or the violation cannot be prevented in this way, a decision to block access to the entire website can be made.
*The President shall file a criminal complaint with the Chief Public Prosecutor’s Office against those who create and distribute the content subject to the above offenses. The information necessary to reach the offenders of these crimes shall be provided by content, host and access providers to judicial authorities upon the decision of the judge. Those responsible for content, host and access providers who do not provide this information can be subject to a judicial fine from three thousand days to ten thousand days, except in cases where the act constitutes another crime requiring a more severe penalty.
*Content, host and access providers who do not implement the decision to remove the content or block access to content can be subject to an administrative fine from fifty thousand Turkish Liras to five hundred thousand Turkish Liras.
C) Violation of Personal Rights Through Content On The Internet
*In case of violation of personal rights, natural persons, legal persons, institutions and organizations can request the removal of content by applying to the content providers or if unable to reach them, to the host provider or directly to the Criminal Court of Peace.
*Content or host providers must respond to the requests made by the parties regarding the violation of personal rights within twenty-four hours at the latest.
*The judge decides on the request regarding made as a result of a violation of personal rights within twenty-four hours at the latest without a hearing. The judge can decide to remove the content or block access to the part of the content that constitutes a violation. In cases where the violation cannot be prevented by blocking access to the content, the judge can decide to block access to the entire website, provided that it is explained with justification. These decisions can be appealed.
*The decision of the judge is directly sent to the Access Providers Association (Association). Once the Association sends the decision to the content, host, and access providers, it must be implemented immediately and within a maximum of four hours. Failure to comply with this decision can result in a judicial fine ranging from five hundred to three thousand days.
*If the publication related to the decision to remove the content or block access to content is also published on other internet addresses, the existing decision shall be implemented for these addresses as well if the person whose rights are violated requests it from the Association.
D) Violation Of The Right To Privacy Through Content On The Internet
*For publications that violate the right to privacy, individuals directly affected can submit a request to the Authority for the implementation of the measure to block access to content. The President promptly notifies this request to the Association, and access providers must implement this measure immediately and within a maximum of four hours.
*Persons requesting the blocking of access to content must submit their request to the decision of the Criminal Court of Peace within twenty-four hours from the time of the initial request. The judge assesses whether the right to privacy has been violated due to the relevant content and will announce his/her decision within forty-eight hours at the latest and send it directly to the Authority. Otherwise, the measure to block access to content will be automatically revoked. This decision can be appealed.
*In cases where there is an inconvenience in delaying due to the violation of the right to privacy, access is blocked by the Authority directly upon the order of the President, with the condition that it is submitted for approval to the Criminal Court of Peace within twenty-four hours. The judge will announce their decision regarding the approval within forty-eight hours.
*The decision to block access to content is issued only with the part that violates the right to privacy.
4) CONCLUSION
As a result of the increasing technological development, millions of content are published on the internet every day. Some of this content constitutes a violation of the law and causes harm to those involved. Detecting such unlawful content and removing it from the internet platform and blocking access to it is crucial for protecting the rights of individuals and preventing further violations of these rights.
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Att. Cemre Zeynep EROĞUZ
TARLAN LAW OFFICE
ATT. AYLİN TARLAN
Tarlan Avukatlık Bürosu Bloğu 