Decisions to block access to or remove various content, news, or social media posts on the internet can be made for various reasons. Although certain conditions must be met to make these decisions, the content in question must essentially be unlawful. Regarding illegal content, judicial or administrative authorities or the content provider or host of the platform hosting the content may request the removal of this content or the blocking of access to it.
What is Access Blocking?
Access Blocking is a form of technical intervention that restricts access to any content on the internet. This practice involves preventing entry to a specific website, page, online materials, or other online resources. Access blocking is typically implemented using a variety of technologies and methods. These methods often include IP address blocking, DNS poisoning, URL filtering, or deep packet inspection (DPI).
Although such restrictions are usually implemented at the state level, the private sector also has the authority and, in some cases, the obligation to impose such restrictions.
While access blocking will be discussed in detail below, in summary, it is a technical intervention carried out for reasons such as public order, children's online safety, various illegalities, or copyright violations.
What is Content Removal?
Content removal is the process of completely removing specific content on the internet, making it inaccessible by the providers who published or hosted it. This action is performed by completely deleting the content. The primary purpose of content removal is to end the existence of specific content on the internet.
The content removal process aims to completely prevent users from accessing this content. This process may be necessary for various reasons. These reasons typically include the content being illegal, causing copyright violations, containing sensitive or personal information, or violating certain policies and rules, as will be detailed below.
Illegal Content
Blocking Access and Content Removal are regulated under Law No. 5651. Under this law, content on the internet may be removed or access blocked in certain circumstances. For this to be possible, the relevant content must be unlawful. Unlawful content can be directly related to the violation of an individual's privacy, infringement of personal rights, or if the content constitutes a crime listed in the law. In such cases, relevant decisions will be made to block access to the content.
Crimes
If there is sufficient suspicion that the content in question constitutes one or more of the crimes listed below, a decision to block access or remove the content can be made. The crimes are as follows:
- Incitement to suicide
- Sexual abuse of children
- Facilitating the use of drugs or stimulants
- Providing substances dangerous to health
- Obscenity
- Prostitution
- Providing a place and opportunity for gambling
- Crimes under the Law on Crimes Committed Against Atatürk
- Crimes under the Law on Betting and Chance Games in Football and Other Sports Competitions
- Crimes under the first and second paragraphs of Article 27 of the State Intelligence Services and National Intelligence Organization Law
Violation of Personal Rights
In the case of a violation of personal rights, it is not always necessary for a crime to occur. Personal rights include an individual's right to be respected in society and to develop their personality freely. This includes a person's right to life, health, physical integrity, freedoms, honor, reputation, name, image, private life, and secrets. All material and moral values that make up a person's personality, particularly life, physical integrity, health, honor, reputation, privacy, words, image, name, work, freedom, and economic freedom of movement, are emphasized. If the content on the internet violates personal rights, a decision to block access or remove the content may be made.
Violation of Privacy
Although the privacy of private life is included in personal rights, the legislator has given special attention to the privacy of private life and regulated it separately. Accordingly, if the content on the internet violates a person's privacy, a decision to block access or remove the content can be made.
Public Interest
For content to be removed due to public interest, the content in question does not need to be unlawful. According to the regulation in Article 8/A of Law No. 5651, a decision to block access to or remove content on the internet may be made by the President or, in cases where delay is harmful, by the relevant ministries upon the request of the President or the relevant ministries for reasons such as the protection of life, the protection of individuals' safety of life and property, national security and public order, prevention of crime, or protection of general health.
Conditions for Blocking Access and Removing Content
For a decision to block access or remove content to be made, the following conditions must be met and requested by the relevant authorities as detailed above:
- A crime has been committed through the content on the internet
- Violation of personal rights
- Violation of privacy
- Public interest
There are no other conditions apart from those listed above.
Who Can Request Blocking Access and Removing Content?
In cases of violation of personal rights and privacy, the individual whose personal rights and privacy have been violated can request to block access or remove content. In other cases, any person who can prove their relevance can request, but the authority to make the decision lies with the judge. If the content constitutes a crime, the prosecutor can make the decision only if there is a situation where delay is harmful, subject to the judge's approval. During the investigation phase, the court can make the decision. The parties involved in the case can also make requests. In the case of public interest, citizens can request to block access or remove content by explaining their reasons, and the relevant magistrate's court and the BTK President can make the decision. Additionally, if requested by the relevant ministry for public interest, the BTK President can make the decision.
Where to Request Blocking Access and Removing Content?
The request to block access or remove content should be evaluated individually for each case. However, the majority of blocking access and content removal decisions are made by magistrate's courts. Besides magistrate's courts, if the content constitutes a crime and is in the investigation phase, this request can be made to the court.
Requests to block access and remove content can be made to the Information and Communication Technologies Authority (BTK) and the content provider or host of the website in question. The content provider is the natural or legal person who produces, modifies, and provides any information or data presented to users on the internet. The host is the natural or legal person who provides or operates the systems where services and content are hosted. To find out who these people are, you can use the BTK's service at https://internet.btk.gov.tr/sitesorgu/ to learn about the relevant natural or legal persons. Based on this inquiry, requests can be made to these persons.
Objection to Access Blocking Decisions
Decisions to block access or remove content are not final. It is possible to appeal these decisions. This must be done by submitting a petition to the issuing court within 7 days. The appeal will be reviewed, and the decision in question can be overturned. The decision resulting from the review is final and not subject to appeal.
The Importance of a Lawyer
Lawyer support is crucial due to the complex and legally technical processes involved in removing internet content or blocking access. From identifying unlawful content, making requests to content and host providers, applying to the court, to implementing decisions, the assistance of an experienced lawyer is vital. Thanks to the lawyer's experience and knowledge, the process can be expedited, and favorable results can be achieved more effectively.
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