The RTUK Law’s objective is ‘‘to prescribe the principles and procedures relating to the
regulation of radio and television broadcasts and to the establishment, duties, competence and responsibilities of the Radio and Television Supreme Council.’’ Article 4 of
this law provides an extensive list of broadcasting standards that need to be complied
with in TV, radio, and data broadcasts, thereby setting the limits on how the TV and
radio broadcasting enterprises can exercise their freedom of expression and freedom
of press. The list risks burdening the media, as it includes vaguely framed phrases
such as ‘‘national and moral values of the community,’’ ‘‘give rise to feelings of hatred
in the community,’’ and ‘‘raise the feeling of fear.’’ The Radio and TV Supreme Council
is responsible for overseeing the TV and radio stations’ adherence to these broadcasting
standards and imposing the prescribed sanctions in case a violation occurs. Pursuant
to Article 33 of the RTUK Law, the available sanctions are issuance of a warning, fine,
suspension, and revocation of broadcasting license permit.
Turkey Internet Laws Regulating Freedom of Expression and Freedom of Information
Until 2005, the Internet in Turkey was a largely free medium. However, in 2005 this
situation quickly changed when laws were introduced to restrict Internet content.
Widespread use of the Internet and growing concerns about the uncontrolled amount
of sensitive content available online pushed authorities to adopt a special law on the
Internet. The Law on the Internet (or the Regulation of Broadcasts via Internet and Prevention of Crimes Committed Through such Broadcasts) No. 5651 was passed by the
parliament on May 4, 2007, and signed by president Ahmet Necdet Sezer on May 22.
This law introduces criminal liability for people who post certain categories of illegal
content online. According to this law, if such content is posted it should be taken
down immediately either by authorities or by the ISPs themselves.
The law establishes a model that allows a large group of actors, including the government, to petition the court or the Telecommunications Authority to filter certain Internet content. ‘‘Sufficient suspicion’’ that an offense is committed is a sufficient test to
meet under the Internet Law to allow block of access. As a result of this law and related
legislation, a number of Web sites have been blocked over the past few years in Turkey.
This censorship has led to an uproar from large communities within Turkey and
abroad, and has placed concerns about filtering of Internet content high on the national agenda.
The most common crime is posting obscene content—that is, content in violation of
Article 8, paragraph A (5) of the Internet Law. Statistics provided by a Communications
Presidency representative reveal that the posting of obscene content accounts for more
than half of the total number of court rulings for blocking Internet access so far—5,629
since November 2007. 26 The remaining rulings banned access to the following types of
proscribed content (from most to least common):
Turkey
347
regulation of radio and television broadcasts and to the establishment, duties, competence and responsibilities of the Radio and Television Supreme Council.’’ Article 4 of
this law provides an extensive list of broadcasting standards that need to be complied
with in TV, radio, and data broadcasts, thereby setting the limits on how the TV and
radio broadcasting enterprises can exercise their freedom of expression and freedom
of press. The list risks burdening the media, as it includes vaguely framed phrases
such as ‘‘national and moral values of the community,’’ ‘‘give rise to feelings of hatred
in the community,’’ and ‘‘raise the feeling of fear.’’ The Radio and TV Supreme Council
is responsible for overseeing the TV and radio stations’ adherence to these broadcasting
standards and imposing the prescribed sanctions in case a violation occurs. Pursuant
to Article 33 of the RTUK Law, the available sanctions are issuance of a warning, fine,
suspension, and revocation of broadcasting license permit.
Turkey Internet Laws Regulating Freedom of Expression and Freedom of Information
Until 2005, the Internet in Turkey was a largely free medium. However, in 2005 this
situation quickly changed when laws were introduced to restrict Internet content.
Widespread use of the Internet and growing concerns about the uncontrolled amount
of sensitive content available online pushed authorities to adopt a special law on the
Internet. The Law on the Internet (or the Regulation of Broadcasts via Internet and Prevention of Crimes Committed Through such Broadcasts) No. 5651 was passed by the
parliament on May 4, 2007, and signed by president Ahmet Necdet Sezer on May 22.
This law introduces criminal liability for people who post certain categories of illegal
content online. According to this law, if such content is posted it should be taken
down immediately either by authorities or by the ISPs themselves.
The law establishes a model that allows a large group of actors, including the government, to petition the court or the Telecommunications Authority to filter certain Internet content. ‘‘Sufficient suspicion’’ that an offense is committed is a sufficient test to
meet under the Internet Law to allow block of access. As a result of this law and related
legislation, a number of Web sites have been blocked over the past few years in Turkey.
This censorship has led to an uproar from large communities within Turkey and
abroad, and has placed concerns about filtering of Internet content high on the national agenda.
The most common crime is posting obscene content—that is, content in violation of
Article 8, paragraph A (5) of the Internet Law. Statistics provided by a Communications
Presidency representative reveal that the posting of obscene content accounts for more
than half of the total number of court rulings for blocking Internet access so far—5,629
since November 2007. 26 The remaining rulings banned access to the following types of
proscribed content (from most to least common):
Turkey
347