Under the Internet Law, ISPs become responsible for blocking access to illegal Web
content even before the judge rules so. The Telecommunications Authority is tasked
with identifying the actor responsible for the offensive content.
The recently created Information Denouncement Center accepts complaints submitted by e-mail or phone that report Web sites that allegedly carry content subsumed
in any of the crimes typified in Article 8 of Law No. 5651. A complaint against online
content may be submitted to a prosecuting attorney who then must lodge it with the
court within 24 hours. In event of an emergency request, the prosecuting attorney may
impose a ban on the Web site himself and submit it to a judge within 24 hours. The
Internet Law provides for quick procedures and stipulates that once a judge decrees a
blocking order, it should be delivered to the relevant ISP for implementation within
another 24 hours. Sanctions envisioned for the ISPs or hosts who refuse to block access
to offensive content include imprisoning owners or managers for six months to two
years.
The law provides that the Telecommunication and Transmission Authority can impose bans on Internet sites without a prior judicial approval if
1 the offending Web site hosts the previously mentioned crimes and is hosted outside
Turkey, or
1 a Web site contains sexual abuse of children or obscenity and its host resides in
Turkey.
In this case, the prosecuting attorney may start a criminal action against those responsible for posting the offensive content once they are identified.
In addition to the preceding procedures, anyone may file a formal complaint against
posted online content with the Communication Presidency, an entity established
under the Internet Act. An individual claim may be sufficient to ban an entire site
when the personal rights of the claimant have been violated. The individual can directly request that the content or hosting provider remove the offensive content.
Following the request, the content or hosting provider has to post a response to it
within seven days on the Web site where the content is hosted. The provider should
begin processing the request within two days. If prolonged, the request is considered
rejected. The next recourse to the aggrieved party is to file a complaint with the local
Criminal Peace Court within 15 days. The court will then make a decision within three
days without a trial, and this decision can be appealed at a higher court. After the court
decision, the content or hosting provider must remove or block the content and publish a reply to the claimant within two days. Noncompliance with the court decision
is sanctioned with imprisonment. For example, a Google Groups ban was enforced
following an individual claim against a blogger who posted a defamatory comment
about the claimant on the server. 30
Turkey
349
content even before the judge rules so. The Telecommunications Authority is tasked
with identifying the actor responsible for the offensive content.
The recently created Information Denouncement Center accepts complaints submitted by e-mail or phone that report Web sites that allegedly carry content subsumed
in any of the crimes typified in Article 8 of Law No. 5651. A complaint against online
content may be submitted to a prosecuting attorney who then must lodge it with the
court within 24 hours. In event of an emergency request, the prosecuting attorney may
impose a ban on the Web site himself and submit it to a judge within 24 hours. The
Internet Law provides for quick procedures and stipulates that once a judge decrees a
blocking order, it should be delivered to the relevant ISP for implementation within
another 24 hours. Sanctions envisioned for the ISPs or hosts who refuse to block access
to offensive content include imprisoning owners or managers for six months to two
years.
The law provides that the Telecommunication and Transmission Authority can impose bans on Internet sites without a prior judicial approval if
1 the offending Web site hosts the previously mentioned crimes and is hosted outside
Turkey, or
1 a Web site contains sexual abuse of children or obscenity and its host resides in
Turkey.
In this case, the prosecuting attorney may start a criminal action against those responsible for posting the offensive content once they are identified.
In addition to the preceding procedures, anyone may file a formal complaint against
posted online content with the Communication Presidency, an entity established
under the Internet Act. An individual claim may be sufficient to ban an entire site
when the personal rights of the claimant have been violated. The individual can directly request that the content or hosting provider remove the offensive content.
Following the request, the content or hosting provider has to post a response to it
within seven days on the Web site where the content is hosted. The provider should
begin processing the request within two days. If prolonged, the request is considered
rejected. The next recourse to the aggrieved party is to file a complaint with the local
Criminal Peace Court within 15 days. The court will then make a decision within three
days without a trial, and this decision can be appealed at a higher court. After the court
decision, the content or hosting provider must remove or block the content and publish a reply to the claimant within two days. Noncompliance with the court decision
is sanctioned with imprisonment. For example, a Google Groups ban was enforced
following an individual claim against a blogger who posted a defamatory comment
about the claimant on the server. 30
Turkey
349