Turkish Internet Law: Content Removal Procedures

• This presentation outlines content removal procedures and access prevention decisions in Turkish internet law
• It discusses the legal framework, decision-making processes, and liabilities

Crimes Within the Scope of Access Blocking

• Crimes listed under the Turkish Penal Code include:
  • Inciting suicide (Article 84)
  • Child sexual abuse (Article 103)
  • Facilitating drug use (Article 190)
  • Supplying hazardous substances (Article 194)
  • Obscenity (Article 226)
  • Prostitution (Article 227)
  • Providing space for gambling (Article 228)
• Other laws include:
  • Crimes Against Atatürk (Law No. 5816)
  • Betting on Sports (Law No. 7258)
  • State Intelligence Services (Law No. 2937, Art. 27)

Decision-Making Process for Content Removal

• Decisions are made by a judge during investigation or trial
• Prosecutors can decide in urgent cases, but require judicial approval within 24 hours
• Access blocking can be limited to a specific period
• Appeals can be made under the Criminal Procedure Code
• Copies of content removal decisions are sent to the relevant authority for execution

Decisions Made by the President

• The President can order access blocking for publications deemed to constitute crimes
• This decision is communicated to content, hosting, and access providers
• Content removal must be implemented immediately, within four hours of notification
• If the publisher's identity is determined, the President can file a criminal complaint with the prosecutor's office

Invalidation of Content Removal Decisions

• An acquittal automatically invalidates the removal decision
• The court informs the Authority by specifying the internet address
• A decision of non-prosecution renders the removal decision void
• The prosecutor informs the Authority with the relevant internet address
• If the illegal content is removed, the prosecutor or court lifts the access ban

Sanctions and Fines for Non-Compliance

• Failure to comply with content removal orders results in a judicial fine for responsible parties
• The President can impose fines for non-compliance with administrative orders
• Continued non-compliance can lead to license revocation
• Decisions regarding administrative fines can be appealed under the Administrative Procedure Law

Authority's Right to Object & Other Institutions' Powers

• The Institution can object to court decisions sent for execution under the Criminal Procedure Code
• Institutions defined in Law No. 5602 can block access to content for crimes within their jurisdiction
• Blocking decisions are sent to the Institution

Court Powers and URL Blocking Practices

• Access blocking is applied to the specific infringing content (URL)
• If technically infeasible, the entire website can be blocked
• Criminal courts determine these cases

Circumstances Requiring Immediate Action

• A judge or the President can decide on content removal/access blocking
• Reasons for immediate action include:
  • Protection of life
  • Security
  • National security
  • Public order
  • Crime prevention
  • Public health
• Decisions must be executed immediately, within four hours

Privacy and Access Blocking

• Individuals claiming privacy violations can request access blocking
• Access providers must comply within four hours
• Judges decide within forty-eight hours, notifying the Institution