The regulation that will prevent perception management through lies in social media was passed by the General Assembly of the Grand National Assembly of Turkey and enacted. Organizations broadcasting on the Internet gained new rights by being included in the scope of the press law.
Internet news sites will be included in the scope of periodicals.
- The contents published on the internet news site will be kept for 2 years in a correct and complete manner, to be delivered to the Chief Public Prosecutor's Office when necessary.
- Press card application will be made to the Directorate of Communications and will be accepted as an official identity document.
Those who request a press card must be over the age of 18, graduate from at least a high school or an equivalent educational institution, and not be restricted or banned from public services.
The regulation to combat disinformation was passed by the Parliament and became law. With the article introduced in the Turkish Penal Code, spreading false news on social media will be considered a crime. Those who disrupt public order and peace with fake news will be sentenced to imprisonment from one year to three years.
If this crime is committed within the framework of organizational activity, the penalty will be increased by half. A more effective and legal struggle will be waged with perception operations that pose a threat to public order and national security.
What is Social Media Law?
The social media law became one of the most important topics that came to the table after the three-month break given by the parliament. With the new social media law, which is aimed to be enacted, it is planned to impose certain obligations on platforms, publishers and service providers that serve on the Internet.
What are the Social Media Law Articles?
Bid; Amendments are also being made to the Law on the Regulation of Broadcasts Made on the Internet and Combating Crimes Committed Through These Broadcasts. In this context; In order to eliminate the problems encountered in the application, the removal of the content, the elimination of the hesitations at the point of the enforcement authority of the decisions to block the access, and the duty and jurisdiction of the Access Providers Association are determined.
The Association is given additional duties to raise awareness of children, young people and families about illegal content of the internet and to inform them about its safe use. Regulations are made regarding the judicial review procedure to be followed in objections to the applications made to the Union for the protection of personal rights.
The distinction between domestic and foreign countries is removed in catalog crimes where the decision to remove the content and block access can be made due to problems in determining the content or hosting provider of the crime-related broadcasts on the Internet.
Regarding the obligations and responsibilities of social network providers regulated by law; European Union in matters such as strengthening the interlocutor relationship, expanding the scope of reporting obligation, providing segregated service provision on practices for children, responding to information requests of judicial authorities in a timely and direct manner, protecting user rights, creating a crisis plan in extraordinary situations affecting public safety and public health, and taking effective measures. Additional regulations are being made, taking into account the developments in the regulations.
Prison Penalty for Sharing
Anyone who publicly disseminates false information about the country's internal and external security, public order and general health, with the aim of creating anxiety, fear or panic among the public, in a way that is suitable for disturbing the public peace, will be sentenced to imprisonment from 1 to 3 years.
If the perpetrator commits the crime by concealing his true identity or within the framework of the activities of an organization, the penalty in question will be increased by half.
All Information To Prosecutors
It is necessary to reach the perpetrators who create or spread internet content that is subject to publicly disseminating misleading information, disrupting the unity and integrity of the state, crimes against the constitutional order and the functioning of this order, crimes against state secrets and espionage in the Turkish Penal Code (TCK). The public prosecutor during the investigation phase and the representative of the relevant social network provider in Turkey, upon the request of the court where the trial is conducted during the prosecution phase, will give the information to the judicial authorities.
If this information is not given to the requesting Chief Public Prosecutor's Office or the court, the relevant public prosecutor may apply to the Ankara Criminal Judgeship of Peace with a request to reduce the internet traffic bandwidth of the overseas social network provider by 90 percent.
If a decision is made to reduce the bandwidth of internet traffic, this decision will be sent to the BTK to be notified to the access providers. The requirement of the decision will be fulfilled by the access providers immediately and within 4 hours at the latest from the notification. If the social network provider fulfills its obligations, the sanctions will be lifted and the BTK will be notified.
Social Media Representative will reside in Turkey
Within the scope of the obligation to have a representative on social media platforms, it will no longer be sufficient for the said representative to be a Turkish citizen only; The representative will need to reside in Turkey. If the daily access from Turkey is more than 10 million; The real or legal person representative determined by the social network provider of foreign origin, without prejudice to the responsibilities of the social network provider, is fully authorized and responsible for technical, administrative, legal and financial aspects, and if this representative is a legal person, a company established directly by the social network provider as a capital company. branch will be required.
Restricting Title Tags as well
The social network provider will take the necessary measures in cooperation with the BTK in its system, mechanism and algorithm regarding the content related to the crimes within the scope of the law and the title tags not to be published, and these measures will be included in the report. Social network providers will be obliged to provide the information requested by the institution to the institution.
Advertising and Band Ban
Without prejudice to the administrative measures, in the event that the decision to remove the content and/or block access given by the President of the BTK is not fulfilled, the taxpayer real and legal persons residing in Turkey are prohibited from advertising to the relevant foreign social network provider for up to 6 months. can be decided by In this context, no new contract will be established and money transfer will not be made. Advertising ban decision will be published in the Official Gazette.
The President of the BTK will be able to apply to the criminal judgeship of peace to reduce the internet traffic bandwidth of the social network provider by 50 percent until the decision to remove the content and/or block access, as well as the decision to ban advertising.
If the social network provider does not fulfill the decision to remove the content and/or block access within 30 days after the judge's decision in this direction is notified to the relevant social network provider, the President of the BTK has applied to the Criminal Judgeship of Peace to reduce the internet traffic bandwidth of the social network provider up to 90 percent. can be applied.
4 Hours at the latest
Decisions made by the judge will be sent to the BTK to be notified to the access providers. The requirements of the decisions will be fulfilled by the access providers immediately and within 4 hours at the latest from the notification. If the social network provider fulfills the requirement of the decision to remove the content and/or block access and notifies the BTK, only the restriction of internet traffic bandwidth will be lifted.
If the administrative fines imposed by the President of the BTK are not paid more than once within 1 year within the legal period, the President may decide to prohibit new advertisements to the social network provider of foreign origin by taxpayer real and legal persons residing in Turkey for up to 6 months. In this context, the President of the BTK will be able to decide to impose an administrative fine from 10 thousand lira to 100 thousand lira to taxpayer real and legal persons residing in Turkey who violate the advertising ban.
The social network provider will comply with the regulations regarding user rights to be made by the BTK.
The social network provider will be responsible for the crime committed through someone else's broadcast, for which it provides media through title tags or featured content, if it is clear from the way it is presented that the user intends to reach the said publication.
Emergency Plan with BTK
The social network provider will share the content and the information about the creator of the content with the authorized law enforcement units in case of learning the content that endanger the life and property safety of the people and in case of delay.
BTK will be able to request all kinds of explanations from the social network provider regarding the social network provider's compliance with this law, including corporate structure, information systems, algorithms, data processing mechanisms and commercial attitudes. The social network provider will provide the information and documents requested by the BTK within 3 months at the latest. BTK will be able to inspect the social network provider's compliance with the law at all facilities of the social network provider.
The social network provider will be responsible for creating a crisis plan for emergency situations affecting public safety and public health and notifying the institution.
The ICTA President will be able to impose an administrative fine of up to 3 percent of its global turnover in the previous calendar year, to the social network provider that does not fulfill its obligations specified in the law.
President's Press Card Will Be Given
Press card types were redefined. In the offer, the conditions for those who can carry the press card are also listed. Accordingly, Turkish citizens of media organizations operating in Turkey, owners of periodicals or representatives of legal entities and chairman of the board of directors of radio and television, owners and employees of Turkish citizens of media organizations broadcasting abroad, Turkish citizens doing freelance journalism abroad. Press cards can be given to the members of the public institutions and organizations serving in the field of media, public personnel working in the information services of public institutions and organizations, unions and managers of associations and foundations determined by the President's decision to operate in the public interest, provided that they operate in the field of media.
Press Card Application, Quality and Types Determined
The law also determined the press card application, its nature and types. Accordingly, the press card application will be made to the Directorate of Communications. The press card will be accepted as an official identification document.
Press card types are:
Mission-related press card: Press card given to Turkish citizen media members and information officers working for a media organization,
Timed press card: Press card given to foreign media members whose field of duty covers Turkey,
Temporary press card: Press card given to foreign media members who come to Turkey temporarily for news purposes, although their field of duty does not cover Turkey,
Free press card: Press card given to media members who do not work temporarily or do freelance journalism abroad,
Continuous press card: It will refer to a lifetime press card given to media and information officers with at least 18 years of professional service.
The press card is issued to Turkish citizens of media organizations operating in Turkey, owners of periodicals or representatives of legal entities and chairman of the board of directors of radio and television, foreign media members who act on behalf of media organizations and whose scope of duty covers Turkey. Although it does not cover Turkey, foreign media members who come to Turkey for news for a temporary period, Turkish citizen owners and employees of media organizations broadcasting abroad, Turkish citizen media members doing freelance journalism abroad, public institutions and organizations serving in the field of media and public institutions It can be given to public personnel working in the information services carried out by trade unions and organizations, and to the managers of unions and associations and foundations that are found to be operating in the public interest, provided that they operate in the media field.
In order to apply for a press card, applicants must have completed the age of 18, graduated from at least a high school or an equivalent educational institution, and not be restricted or banned from public services.
In addition, even if the deadlines specified in Article 53 of the Turkish Penal Code have passed in order for those who request a press card to apply; imprisonment for 5 years or more for an intentionally committed crime or for blackmail, theft, forgery, fraud, breach of trust, perjury, perjury, slander, fabrication, obscenity, prostitution, fraudulent bankruptcy, embezzlement, extortion, bribery, smuggling, bid rigging, fraudulent execution, laundering of property values arising from crime, crimes against sexual immunity, crimes against public peace, crimes against the constitutional order and the functioning of this order, crimes against national defense, crimes against state secrets, espionage must not have been convicted of crimes or terrorism offenses.
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