Amendments Introduced to the Law on Regulation of Internet Publications
Introduction
The Law on Regulation of Internet Publications and Combating Crimes Committed by Means of Such Publications No. 5651 (“Law No. 5651”) was amended by the Law No. 6518, which was published in the Official Gazette dated 19.02.2014 and numbered 28918, and the Law on the Amendment to Certain Laws No. 6527, which was published in the Official Gazette dated 01.03.2014 and numbered 28928.
The amendments introduced to Law No. 5651 contain wide regulations on the removal of content from the Internet and new terms. This newsletter Article will examine the amendments introduced to Law No. 5651.
Law No. 5651
Law No. 5651 regulates the principles and procedures on the liabilities and responsibilities of content providers[1], hosting providers[2], access providers or Internet Service Providers (ISPs)[3] and multithreading providers[4], as well as to combat certain crimes committed on the internet through content, hosting and access providers.
Blocking Access to the Publications on Internet
Pursuant to Article 8 of Law No. 5651, internet content shall be blocked where it raises substantial suspicions for constituting one of the following crimes as provided for under the Turkish Criminal Code No. 5237: encouragement and incitement of suicide, sexual abuse of children, facilitating the use of drugs or stimulants, supplying hazardous substances for health, obscenity, prostitution, providing a place and possibility for gambling and also the crimes disclosed under the Law on Crimes Committed Against Atatürk No. 5816.
Prior to the amendment of Article 9 of Law No. 5651, which regulates the removal of content, anyone who feels their rights have been violated due to content should request the removal of such content from the content provider. If the content provider cannot be reached, then they should make their request to the hosting provider. In the old implementation, if the request to remove content was rejected, the person could apply to the criminal court of peace and request a court decision for removal of the content. Then, the criminal court of peace would render a decision within three days without conducting a hearing.
However, due to the amendments introduced to Article 9 of Law No. 5651, the above-stated regulation is completely amended. In the following, the amended Article 9 and additional Article 9/A will be examined.
Removal of Content that Violates Personal Rights
As per Article 9, the real/legal persons, agencies and institutions may apply to the content provider where they have a claim that Internet content violates their personal rights. Where the content provider cannot be reached, they may apply to the hosting provider to remove the violating content.
Nevertheless, an application to block access to certain content that violates personal rights may be filed directly with the criminal court of peace. The court that receives the request shall render a decision within twenty-four hours, without conducting a hearing. The decision rendered by the court on blocking access shall be sent to the Access Providers Association (“APA”); then, such access provider shall fulfill the court decision sent to them by the APA instantly within four hours.
The court may only render a decision on blocking access to the related publication, part or chapter (in the form of a URL[5], etc.), which violates personal rights. However, in the event the judge is convinced that the violation will not be prevented through blocking access then he may render a decision to block access to the whole publication on the related web site, provided that the jurisdiction of the decision is stated.
Blocking Access to Content that Violates Privacy
Following Article 9, an additional Article 9/A, entitled ‘Access blocking due to the violation of privacy’, is added to Law No. 5651. Pursuant to this Article, the persons claiming that the content of a publication violates their privacy may request that access to said content be blocked, by applying to the Telecommunications Communication Presidency (“TCP”) as a precaution. In order to implement the received request, the TCP shall immediately inform the APA and access providers shall fulfill this precautionary request instantly, within four hours.
The types of content that may be blocked due to the violation of privacy are stated as follows: the related publication, part, chapter, picture or video (in the form of a URL).
Persons requesting that Internet content be blocked due to a violation of privacy shall submit their claim to the criminal court of peace within twenty-four hours after applying to the TCP. The court shall render a decision within forty-eight hours and send it directly to the TCP. The court decision may be appealed.
However, where it is determined that the delay of the removal of content violating privacy is unfavorable, the Telecommunication Communications President may issue a direct order to block access to such content. This decision shall be submitted to the criminal court of peace for approval within twenty-four hours by the TCP and the court shall render its decision within forty-eight hours. Nevertheless, the unfavorable circumstances due to delay of removal are not clearly defined in the law.
Access Providers Association
The APA was established to conduct the implementation of decisions to block access to content, which are out of the scope of Article 8 of Law No. 5651. It is comprised of all authorized Internet service providers and other operators providing access services and its goal is maintaining coordination. The APA earns income from fees paid by its members. Also, membership to the APA is stipulated as an obligatory condition for all Internet providers who wish to provide services.
Conclusion
Pursuant to the amendments to Law No. 5651, new procedures on the removal of Internet content that violates personal rights and privacy, as well as new terms, are introduced. Also, the litigation process for removing content from the Internet is shorter compared to previous legislation.
- Real and legal persons producing, modifying and providing all kinds of information or data to Internet users.
- Real and legal persons who operate or provide space on a server and Internet connectivity.
- Real and legal persons that provides services for accessing or using the Internet.
- This term refers to real and legal persons providing Internet access in certain places and for a certain period, as in cafes and hotels that provide internet access to their customers.
- Full address/location of the related content on Internet.
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