Access Blocking Due to Violation of Personal Rights


Access Blocking Due to Violation of Personal Rights



The principles and procedures regarding combating certain crimes committed on the Internet through content, location and access providers are regulated in the Law No. 5651 on the Regulation of Broadcasts Made on the Internet and Combating Crimes Committed Through These Broadcasts (Law No. 5651).


Personality rights, in private law, are all the material things that a person gains with his birth and on which he adds new values ​​every day with his personal development, his material and spiritual integrity, his name, his professional career, his family and even his social environment, in short, all the material things he has achieved in the way of self-realization. It is the aspect of the human gains he has gained on his spiritual integrity and his changing/expanding interests over time, which is protected by the legal order.[1] Personal rights are absolute rights and can be claimed against anyone.


Article 9 of the Law No. 5651 regulates the right to demand the removal of the content from people whose rights have been violated due to the content published on the Internet. Any news, comment, picture, video, etc. that violates a person's personal rights. If the content is shared on the Internet, natural and legal persons, institutions and organizations claiming that their personal rights are violated, the said content is removed or access is blocked;


from the content provider by reaching the content provider,

in case of not being able to reach the content provider, by applying to the hosting provider with a warning method,

may apply directly to the magistrate.

Hosting providers are natural or legal persons who provide or operate systems hosting services and content. In other words, they are internet environments that contain content that violates personal rights. Examples of this are sites such as Facebook, Twitter, Instagram, Youtube, Ekşi Sözlük, X News Site. Content provider, on the other hand, is the natural or legal person who produces, changes and provides any information or data presented to users over the internet. That is, they are natural or legal persons who enable the hosting provider to include the relevant content. For example, accounts that share content as a member of the hosting providers listed above, natural or legal persons who produce news to be published on news sites and forward it to the hosting provider.


While Law No. 5651 provides the opportunity to apply directly to content or hosting providers, it can also be requested to remove content that injures personal rights or to prevent access to such content by applying to Criminal Judgeships of Peace, regardless of these opportunities. Applications made to the Criminal Judgeships of Peace are decided without a hearing within 24 hours at the latest, and with the decision to block access, the decision to block access to content that violates personal rights is given. The decision made by the Criminal Judgeship of Peace is sent to the Access Providers Association (“Association”). The Union shall send the decision to block the access sent to the access provider, and it shall be fulfilled by the access provider within 4 hours at the latest. The responsible person who does not fulfill the decision of the Criminal Judgeship of Peace is punished with a judicial fine from five hundred days to three thousand days. Against the decision to remove or block access to the content, an appeal can be made in accordance with the provisions of the Criminal Procedure Law No. 5271.




[1] Supreme Court 19. CD., E. 2017/710, K. 2017/4575, T. 15/05/2017


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