In what cases, and by which authority, may an unlawful post be removed from publication? We examine, within the framework of Act No. 5651, the conditions, time limits and avenues of application for decisions ordering the removal of content and the blocking of access.
We examine, within the framework of Act No. 5651, the measures of blocking of access and removal of content available against unlawful publications on the internet: the judicial and administrative authorities empowered to give the decision, the conditions required, the methods of implementation and the objection procedure.
The Turkish Penal Code regulates information technology offences under the headings of both offences in the field of information technology and offences against private life. We address the types of offence, the sentences laid down, the preventive measures and the criminal procedure together.
The visual design of a website and its content fall within the protective scope of different statutes. We examine the legal nature of the domain name, the registration of designs under the SMK and the status of content under the FSEK.
Is a social media profile part of its user’s estate, or merely a facility used to the extent the platform permits? We examine the position of accounts under property law, the distinction drawn according to purpose of use, and the debate over their passing by inheritance.
Offences committed through information systems are as a rule investigated of the prosecutor’s own motion; yet the prosecution service most often learns of the incident only through the victim’s report. We address how and where the application is to be made, the methods of identifying the offender and the limitation periods.
We examine the obligations to answer applications, to appoint a representative and to host data that the 2020 amendment to Act No. 5651 imposed on social network providers, together with the applicable time limits and administrative fines.
Whether an exchange can be placed in the case file as evidence depends on who took the record and by what means. We examine the criteria of lawfulness for WhatsApp records and their use according to the type of action.
In cybercrime cases the starting point of the investigation is very often an IP record. We examine the distinction between dynamic and static addresses, the uncertainties this data carries and the practice of the Court of Cassation.
Degrading expressions directed from social media accounts opened under a concealed identity may constitute the offence of insult under the Turkish Penal Code. We examine the complaint route open to the person targeted by such posts, the problems of proof and the protection remedies available.
Crypto assets stand on contested legal ground because they fall fully within no state’s sphere of sovereignty. We examine how the technology works, regulatory approaches around the world and the framework in Turkish law.
A comment shared on a digital platform may form the subject of an offence against honour. We examine, from a practitioner’s perspective, the elements of insult committed over the internet, the sanction provided, the complaint period and the legal remedies open to the victim.
Physical contact is not required for the offence of sexual harassment to arise; conduct of a sexual purpose carried out through messaging applications and social media also constitutes the offence. We examine the elements of the offence, the aggravated form attached to its commission by electronic communication means, and the course of the proceedings.
The offence of threat does not require the parties to be in the same setting; statements directed through digital channels also constitute the offence. We examine the effect of using a fake account on the penalty, the complaint and conciliation regime, and the sanctions prescribed.
Logging into another person’s social media account without their consent constitutes a distinct offence under Article 243 of the Turkish Penal Code. We address the elements of the offence, its aggravated forms, its application between spouses and the applicable trial procedure.
Any information relating to an identified or identifiable natural person counts as personal data. Storing such data without permission through information systems, transferring it to third parties or obtaining it is among the acts punishable under the Turkish Penal Code.
