An important legislation has been published in the Official
Gazette dated 15.04.2015 numbered 29327. With the Law No. 6639 (an
omnibus bill bringing changes to several other laws), the Internet
Law received a major new provision. Below is a quick summary of the
changes brought with this new provision:
An additional provision (Art. 8/A) to the Internet Law has been
introduced. The new provision grants the Presidency of
Telecommunication and Communication
("PTC") to directly remove and/or
restrain access to the internet content in urgent
Upon the request made by the courts (or the Prime Ministry in
circumstances that cannot be delayed,) the PTC shall have the right
to remove and/or restrain access to the internet content for one or
more of the below purposes:
Protection of the right to live and security of life and
b. Protection of
national security and public order,
Prevention of crime,
d. Protection of
In addition, the relevant Ministries also have the right to make
such a request to the PTC for (i) protection of
national security and public order, (ii)
prevention of crime, or (iii) protection of
If the PTC decides to remove and/or restrict access to certain
internet content, the decision will be sent directly to the access
providers, content providers and hosting providers. The decision
must be carried out immediately, and in any case within 4 hours of
being notified of the decision.
The content removal and/or access restriction decision given by
the PTC, with the request made by the Prime Ministry or the
relevant Ministries, must be submitted by the PTC to the attention
of the Criminal Judge of Peace within 24 hours from the date of the
decision. The judge must announce his ruling within 48 hours from
the submission of the decision. If the judge does not announce a
ruling within this 48 hours, the PTC decision will cease
The content removal and/or access restriction decisions given
under this article shall adopt measures to limit the removed and/or
restricted content to the section or part that is violating the law
(URL based restrictions, etc.). However, if this is not technically
possible or the removal and/or restriction of this section or part
does not resolve the violation, a decision that restricts access to
the entire web site could be given.
The PTC must also file a criminal complaint against the
person(s) who are responsible for the creation and the spreading of
the unlawful content, to the Public Prosecutor's Office. Access
providers, content providers and hosting providers are all obliged
to provide the necessary information, to reach the perpetrators of
these crimes, to the judicial authorities upon the request made by
the judge. Access providers, content providers and hosting
providers that fail to provide these information to the judicial
authorities may face judicial fines.
The hosting providers, access providers and content providers
that do not carry out the content removal and/or access restriction
decisions given by the PTC may face judicial fines ranging between
50.000 Turkish Liras and 500.000 Turkish Liras.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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On 26 November 2015, amendments to the Law on Communications 2004 (the "Communications Law") were published.
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