1. Crimes against Atatu ¨rk (Article 8/b)
2. Prostitution
3. Providing place and opportunity for gambling
4. Sexual abuse of children
5. Encouraging people to commit suicide
6. Supplying drugs that are dangerous for health
7. Facilitation of the abuse of drugs
The second most common reason for shutting down a Web site is posting content
insulting Atatu ¨rk. A number of such incidents occurred in 2007, as this was the first
year in which sites were blocked under direct application of the Internet Law. For the
definition of ‘‘crimes against Atatu ¨rk,’’ the law refers to Turkish Law No. 5816 on
Crimes against Atatu ¨rk, which criminalizes certain activities against the founder of
modern Turkey. As Atatu ¨rk is the founder of the secular Turkish state, an insult to
him is considered an insult to Turkey’s governing system in general and an act of state
treason. A closer look at the internal division between secularists and people of faith
demonstrates that by insulting Atatu ¨rk, one is thought to be insulting the Turkish
interpretation of secularism. 27
The recent Law No. 5728, dated February 2008, introduces a ninth category of crimes
in addition to the ones provided in Article 8 of the Law on the Internet. Based on this
recent amendment, access to content related to unauthorized online gambling and
betting can be banned. These activities were initially prohibited under Law No. 7258
and sanctioned with a fine. Law No. 5728, however, penalizes such conduct as a crime
when carried out online. As evident from these laws, activities in Turkey can be criminalized not only in the Criminal Code but in special laws enacted by the Parliament as
well.
In addition to the Internet Law, Turkish courts base their access-blocking decisions
on violations of other crimes and even some private law rules. Based on statistics from
Turk Telecom, 28 banned sites based on norms other than the controversial Article 8 of
Internet Law No. 5651 numbered 153 in 2005, 886 in 2006, and 549 in 2007. Turkish
authors 29 referring to Turk Telecom’s statistics state that access-blocking decisions rendered in violation of norms other than the ones enlisted under Article 8 have been
based primarily on the following grounds:
1 Downloading of MP3 and movies in violation of copyright laws
1 Insults against state organs and private persons
1 Crimes related to terrorism
1 Violation of trademark regulations
1 Unfair trade regulated under the Turkish Commercial Code
1 Violation of Articles 24, 25, 26, and 28 of the Constitution (freedoms of religion,
expression, thought, and freedom of press)
348
Turkey
2. Prostitution
3. Providing place and opportunity for gambling
4. Sexual abuse of children
5. Encouraging people to commit suicide
6. Supplying drugs that are dangerous for health
7. Facilitation of the abuse of drugs
The second most common reason for shutting down a Web site is posting content
insulting Atatu ¨rk. A number of such incidents occurred in 2007, as this was the first
year in which sites were blocked under direct application of the Internet Law. For the
definition of ‘‘crimes against Atatu ¨rk,’’ the law refers to Turkish Law No. 5816 on
Crimes against Atatu ¨rk, which criminalizes certain activities against the founder of
modern Turkey. As Atatu ¨rk is the founder of the secular Turkish state, an insult to
him is considered an insult to Turkey’s governing system in general and an act of state
treason. A closer look at the internal division between secularists and people of faith
demonstrates that by insulting Atatu ¨rk, one is thought to be insulting the Turkish
interpretation of secularism. 27
The recent Law No. 5728, dated February 2008, introduces a ninth category of crimes
in addition to the ones provided in Article 8 of the Law on the Internet. Based on this
recent amendment, access to content related to unauthorized online gambling and
betting can be banned. These activities were initially prohibited under Law No. 7258
and sanctioned with a fine. Law No. 5728, however, penalizes such conduct as a crime
when carried out online. As evident from these laws, activities in Turkey can be criminalized not only in the Criminal Code but in special laws enacted by the Parliament as
well.
In addition to the Internet Law, Turkish courts base their access-blocking decisions
on violations of other crimes and even some private law rules. Based on statistics from
Turk Telecom, 28 banned sites based on norms other than the controversial Article 8 of
Internet Law No. 5651 numbered 153 in 2005, 886 in 2006, and 549 in 2007. Turkish
authors 29 referring to Turk Telecom’s statistics state that access-blocking decisions rendered in violation of norms other than the ones enlisted under Article 8 have been
based primarily on the following grounds:
1 Downloading of MP3 and movies in violation of copyright laws
1 Insults against state organs and private persons
1 Crimes related to terrorism
1 Violation of trademark regulations
1 Unfair trade regulated under the Turkish Commercial Code
1 Violation of Articles 24, 25, 26, and 28 of the Constitution (freedoms of religion,
expression, thought, and freedom of press)
348
Turkey