How is Content Removed and Access Blocked Due to Violation of Personal Rights?
9/1 of the Law No. 5651. according to the article; videos, images, news, comments, etc. that violate a person’s personal rights. if the content is published on the Internet, the person whose personal right is violated may request that the content be removed or access be blocked.
Every attack on human rights is covered by a tort, but not every tort is a crime. Even if it does not constitute a crime, it may be decided to block access due to any kind of violation of personal rights committed in Internet broadcasting.
The court charged with hearing this case is the Criminal Court of Peace, which is the court charged with deciding whether access to the content should be blocked due to violation of a person’s rights in accordance with Article 9/1 of Law No. 5651.
If the central address of the website of the competent court in Turkey is known, it is authorized to decide with the Criminal Magistrate at this address to remove the content and block access due to violation of personal rights in accordance with Article 12/5 of Law No. 5271. According to the article, taking into account the place of residence and residence of the victim, the Criminal Magistrate is authorized to decide on the blocking of access.
Access blocking decisions made by judges are sent directly to the Association of Access Providers. The requirement of the decision to block access to the content sent by the Union to the access provider is fulfilled by the access provider no later than 4 hours.
The judge decides on the application for violation of personal rights within 24 hours at the latest without holding a hearing. An appeal may be filed against this decision in accordance with the provisions of Law No. 5271.
In accordance with Article 9/9 of Law 5651, if the publication of the violation of the right of the person subject to the decision to block access issued by the Criminal Court of Peace is also published on other Internet addresses that are not included in the decision, if the person concerned applies to the Association of Access Providers, the existing decision also applies to these addresses.