7.Criminal Office 2014/5036 E., 2014/12937 K.
A. In order to remove the username and profile picture contained in the twitter account created with the @ertemsener username on the social networking site Twitter and the fake tweet content contained in this account.. Sh.. Buyukcekmece 1. About the rejection of the MP’s request. Regarding the rejection of the appeal made against the decision of the Criminal Court of Peace dated 29/05/2013 and numbered 2013/1077, merci Büyükçekmece 8. The case file containing the request of the Criminal Cout of First Instance to overturn the decision of the Supreme Ministry of Justice dated 12/07/2013 and numbered 2013/186 dated 13/01/2014 and the law numbered 2892 in favor of the Supreme Court dated 24/01/2014 and PUK. Notification No. 2014/22872 was made and read to the department.
In the above-mentioned announcement;
9/1-2 of the Law No. 5651 on the Regulation of Publications Made on the Internet Environment and Combating Crimes Committed Through These Publications. “A person claiming that his rights have been violated due to the content may contact the content provider and request that the content related to him be removed from publication and that the response he has prepared be published on the Internet for a week, not exceeding the scope of publication, if he cannot reach the content provider.
The content or hosting provider fulfills the request within two days from the date the request reaches it. If the request is not fulfilled within this period, it is considered rejected. If the request is considered rejected, a person may apply to the settlement criminal court of peace within fifteen days to request that the content be removed from publication and that the response he has prepared be published on the Internet for a week, so as not to exceed the scope of publication.
The criminal judge of peace decides on this request within three days without a hearing. An appeal may be filed against the decision of the criminal judge of peace in accordance with the provisions of the Code of Criminal Procedure.”taking into account the regulation, the username and profile picture on the twitter account created with the @ertemsener username and the fake tweet content contained in this account are contrary to honor and dignity, are of a nature that will harm the personal rights of the person concerned, the shares made from the fake twitter account in question are as if A..Sh .., which leads to the perception that it belongs to the,
it is concluded that the user name subject to the complaint belongs to the relevant person, in the face of the understanding that the user name subject to the complaint was sent to the said profile, there was no hit in deciding to reject the objection in writing instead of accepting it, and 309 of the Criminal Procedure Code No. 5271. notification of the violation of the decision referred to in accordance with the article with the request to violate the law for the benefit of the law, to be discussed and evaluated as necessary on behalf of the Turkish Nation;
Since the content of the notification issued by the Chief Public Prosecutor’s Office of the Court of Cassation requesting that it be overturned in the interest of the law was seen on the spot, Büyükçekmece 8.12.2013 day and 2013/186 D in the decision of the Criminal Court of First Instance, CMK 309. in accordance with the article, it was unanimously decided on 19/06/2014 to remove the user name and profile picture and tweet content on the @ertemsener twitter account.