…….. OFFICE OF THE JUDGE,
WHO WANTS
(VICTIM) :
TC ID NUMBER :
address :
lawyer :
(Legal representatives of the parties, if any)
address :
(Legal representatives of the parties, if any)
SUBJECT: The determination that the attack made on our client via the Internet is unlawful consists of our request to stop and remove the publication.
instructions
1-) A close-up photo taken while the client was meeting with close friends …./…/…. “www. …..” has been published on the website “.com” at. In the photo in question, the client was seen drinking alcohol and he was referred to as an “alcoholic” in the news next to the photo. (Oct-1)
2-) The client is a respected person in business life and a well-liked person in his immediate environment. An alcoholic is an excessive indulgence in alcoholic beverages that harms a person’s physical and mental health, and it is contrary to the fact that the client’s drinking one or two drinks while at dinner with close friends qualifies as an alcoholic, it is clearly an attack on the client’s personal rights. (Oct-2)
3-)
There is a clear victimization of the client by publishing the news that is an attack on the client’s private life and personal rights in a way that can be easily accessed on the Internet. In this context, 24 of the Turkish Commercial Code numbered 4721. the article regulates that the person whose personal rights are attacked in violation of the law can make a request from the judge for protection from those who are attacked.
4-) In the Internet environment …….the respectable personality and commercial reputation of the client have been damaged by the publication made on the website. About this illegal publication …/…/….on the date of application to the hosting provider, the content related to the client was requested to be removed from publication, but our application was not responded to within 2 days of the request reaching the hosting provider, and the publication was not removed from the relevant website. (Oct-3)
5-)
In order to prevent the damage to the commercial reputation of the client by removing the publication containing unfair and untrue statements about the client from the Internet, it should be decided that the response prepared by us should be published on the Internet for a week.
6-) Due to the above-mentioned issues, we had to apply to your. Court with the request of determining the illegality of the attack made via the. Internet, stopping and removing the publication.
LEGAL REASONS : 5651 PK m. 9, 9/A, 5237 pp. K. m. 134, 4721 P. K. m. 24, 25, Regulation on the Procedures and Principles Related to the. Regulation of Publications Made on the Internet m. 10
LEGAL EVIDENCE :
1-) Photocopies of the related website image
2-) News clippings about various newspapers.
3-) An example of an application petition submitted to the website hosting provider
4-)The witness list shows the names of the witnesses,. Their addresses and the subjects they will testify
5-) Expert Comment.
CONCLUSION AND EXPLANATION: For the reasons explained above, it is seen that our client’s right to personality was clearly violated in the concrete incident “………..” we respectfully request on behalf of our client that the illegality of the attack on the com website via the Internet be determined, the broadcast be stopped and the decision be taken to take it off the air. …/…/…
eclair :
1-) Photocopies of the related website image
2-) News clippings about various newspapers.
3-) An example of an application petition submitted to the website hosting provider
4-)The witness list shows the names of the witnesses,. Their addresses and the subjects they will testify
5-) An example of a Power of Attorney.
The Requesting Proxy