………….. TO THE MAGISTRATE
REQUESTING
TC IDENTIFICATION NUMBER :
address :
attorney :
address :
SUBJECT : The determination of the illegality of the attack on our client via the Internet includes our request for the publication to be stopped and removed is our petition.
A Dec I K L A M A L AR I M I Z
1-) A photo taken in close-up during a meeting with the client’s friends …./…/…. In the history of “www. ….. posted on the ”.com” website. The client was seen drinking alcohol in the photo in question and was referred to as an ‘alcoholic’ in the news story next to the photo.
2-) The client is a respected person in commercial business life and is also a loved and respected personality in his/her immediate environment. An alcoholic is an excessive passion for alcoholic beverages in a way that harms a person’s physical and psychological health, and we cannot accept that drinking one or two glasses of alcohol while the client is out for dinner with close friends is reflected as an alcoholic. This news is clearly an attack on the client’s personal rights.
3-) The client has been clearly victimized with the news that is an attack on the client’s private life and personal rights in a way that is easily accessible on the Internet. In this regard, in accordance with the provisions of Article 24 of the Turkish Commercial Code No. 4721, it has been regulated that a person whose personal rights have been attacked illegally may ask a judge to protect them from those who have been attacked.
4-) In the Internet environment ……. the respectable personality and commercial reputation of the client has been compromised by the publication from the website. About this illegal publication …/…/…. on the date of the application to the location provider, the content related to the client was requested to be removed from the publication, but our application was not answered within 2 days of the request reaching the location provider, and the publication was not removed from the relevant website.
5-) In order to prevent damage to the commercial reputation of the client by removing the publication containing unfair and untrue statements about the client from the Internet, it is necessary to decide to publish the answer prepared by us on the Internet for a week.
6-) Due to the issues mentioned above, we are obliged to contact your Court with the request to determine the illegality of the attack made via the Internet, stop the publication and remove it.
LEGAL REASONS : 5651 P. K. m. 9, 9/A, 5237 p. K. m. 134, 4721 Pp. K. m. 24, 25, Regulation m on the Procedures And Principles for the Regulation of Publications Made on the Internet. 10
LEGAL EVIDENCE :
1-) Photocopies of the corresponding website image
2-) News clippings related to various newspapers.
3-) An example of an application petition submitted to the website location provider
4-) Shows the names and addresses of the witnesses and the topics they will testify to witness list
5-) Expert Review.
CONCLUSION AND STATEMENT : For the reasons we have explained above, there is a clear violation of our client’s right to personality in a concrete case “……….. we respectfully request bilvekale on behalf of our client to determine the illegality of the attack made via the Internet on the website called ”com”, stop the publication and decide to remove it. …/…/…
eclair :
1-)
The Requesting Deputy
Lawyer.
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