The law proposal, which contains regulations on social media, was discussed and accepted by the TGNA Justice Commission.
With the law proposal, which contains regulations on social media, a new definition as “social network provider” is brought to the Law on the Regulation of Publications Made on the Internet and Combating Crimes Committed Through These Publications.
With the proposal, a new definition as 'social network provider' is brought to the Law on the Regulation of Broadcasts Made on the Internet and Combating Crimes Committed Through These Publications.
In this context, real or legal entities that enable users to create, view or share content such as text, image, sound, location for social interaction will be defined as social network provider.
Administrative fines can also be reported by the Information Technologies and Communication Authority (BTK) directly to the addressee, via e-mail or other communication tools, through information obtained through the means of communication, domain name, IP address and similar resources on the internet pages.
This notification will be in the provision of notification made in accordance with the Notification Law. At the end of the 5th day following the date of this notification, the notification will be deemed to have been made.
With the proposal, administrative fines to be given to the providers who fail to fulfill their obligations will be increased. In this context, the administrative fine that can be given from 10 thousand lira to 100 thousand lira will be increased from 1 million lira to 10 million lira about the place provider who does not make a place provider notification or fulfill his obligations.
With the regulation, in cases where it is possible to remove partial content that constitutes crime, the freedom of expression and news in terms of non-crime content on the same website will be made more secure by giving the decision to remove the content instead of the decision to block access.
Since decisions to remove content can be fulfilled by content and location providers, not by access providers, these decisions will be reported to the content and location providers, and will be requested to be fulfilled.
Effective Protection for Personality Rights
In case of violation of personal rights, it may be decided to remove the content in terms of the provision of the Law on the Arrangement of Broadcasts Made on the Internet and Combating Crimes Committed Through These Publications.
The decision to remove or block access to content sent by the Access Providers Association to the relevant content and location providers and the access provider will be fulfilled by the relevant content and location providers and the access provider within 4 hours at the latest.
In the event that those whose personal rights are violated due to the content of the internet broadcasting, it will be decided by the judge not to associate the applicant's name with the internet addresses subject to the violation. The decision will also include which search engines will be notified by the Access Providers Association.
Thus, it will be ensured that the content of the applicant is not associated with the name of the applicant and that the content of the violation is protected more effectively by the search engines.
New Legal Obligations
According to the proposal, which overseas more than 1 million daily access to the Turkey-based social networking provider, will identify at least one person as a representative in Turkey. The contact information of this person will be posted on the website so that it can be easily seen and accessed directly.
The social network provider will report this person's identity and contact information to BTK. If the representative is a natural person, he / she will have to be a Turkish citizen.
The social network provider, who does not fulfill the obligation to determine and report a representative, will be notified by BTK. If this obligation is not fulfilled within 30 days of notification, the social network provider will be given an administrative fine of 10 million lira by the President of BTK.
If this obligation is not fulfilled within 30 days from the notification of the administrative fine imposed, an additional 30 million TL administrative penalty will be imposed.
Ban on Advertising and Narrowing of Internet Bandwidth
Second time given administrative fines of natural and social network providers such legal entity which is a resident taxpayer in Turkey by the President of BTK within 30 days of fail to fulfill this obligation notification will be banned new ad give. In this context, no new contracts can be established and no money transfer will be made.
If this obligation is not fulfilled within 3 months from the date of the ban on advertising, the BTK President will be able to apply to the magistrate judge to reduce the internet traffic bandwidth of the social network provider by 50 percent.
If the obligation in question is not fulfilled within 30 days of the application of the judge's decision regarding the acceptance of the application, the President of the ICTA will be able to apply to the magistrate judge to reduce the internet traffic bandwidth of the social network provider up to 90 percent.
The judge will be able to set a lower rate in his decision on the second application, taking into account the nature of the service provided, but not less than 50 percent. Against these decisions, an objection can be made by the President of the ICTA.
Decisions made by the judge will be sent to BTK to be notified to access providers. As per the decisions, they will be fulfilled immediately by the access providers within 4 hours of notification.
In case of fulfillment of the obligation to determine and report a representative, a quarter of the administrative fines imposed will be charged, the prohibition of advertising will be lifted and judge decisions will automatically be voided.
Access providers will be notified by BTK to end interference with Internet traffic bandwidth.
Obligation to Answer in 48 Hours
The social network provider will be obliged to respond positively or negatively to the applications to be made by people who are interested in content that will require the "unpublishing of content and blocking access" and "blocking access to content due to privacy," within 48 hours at the latest. Negative answers will be given as reasoned.
The social network provider will implement decisions to remove the content reported to him or to block access. In addition, the Turkish reports containing statistical and categorical information regarding the applications of 'broadcasting and blocking access' and 'blocking access to the content due to the privacy of private life' will also inform the BTK every 6 months.
Social networking providers, data users in Turkey will take the necessary measures towards hosting in Turkey.
48 million lira if it does not respond to the social network provider with the application of "broadcasting and blocking access" and "blocking access due to the privacy of private life" within 5 hours. punishment will be given.
Administrative fines imposed on social network providers within the scope of 'decision to block and execute access' and' removal of content and / or blocking of access in cases where there is a delay in delay ', 1 million lira,' decision to block and fulfill access' and 'unpublishment of content and access and the judicial fines to be imposed within the scope of “prevention” will be given as 50 thousand days. The penalties will be applied by one fold in each iteration of these violations within 1 year.
3 Months Period for Social Network Providers
In the event that the content determined by the judgment or court decision of unlawfulness is reported to the social network provider, the social network provider who does not remove the content within 24 hours despite the notification or does not prevent access will be responsible for the compensation of the damages arising. For the operation of this legal responsibility, it will not be necessary to go to the responsibility of the content provider or to sue the content provider.
In the implementation of this regulation, the obligations of the social network provider will not eliminate the responsibilities and obligations arising from being a content or location provider.
Social network providers will complete the necessary work within 48 months to fulfill their obligations within the context of 'unpublishing content and blocking access' and responding to the 'blocking access to content due to privacy' within 3 hours.
Social network providers will also report their first reports to BTK in January 2021 and publish them on the website in accordance with the application for 'broadcasting and blocking access' and 'blocking access to content due to privacy'. (Sputniknews)