What are the primary legal frameworks that authorize internet regulation in Turkey?

Internet regulation in Turkey is primarily authorized under the Electronic Communications Law (ECL) and Law No. 5651, commonly known as the Internet Act. These laws establish the framework and responsibilities for managing online content and services within the country.

Which governmental body is principally responsible for overseeing and implementing internet regulation in Turkey?

The Information and Communication Technologies Authority (ICTA) is the principal body authorized under the Electronic Communications Law (ECL) to regulate internet-related matters in Turkey. It plays a central role in enforcing the country's internet laws.

In 2018, what significant new authority was granted to Turkey's national broadcast media regulator, the High Council for Broadcasting (RTÜK)?

In 2018, the Turkish parliament passed a law that granted the High Council for Broadcasting (RTÜK) the authority to monitor and regulate internet services. This expanded RTÜK's oversight beyond traditional broadcasting to include online content.

What specific requirement was imposed on online video and streaming services following the 2018 legislative changes in Turkey?

The 2018 law mandated that online video and streaming services must apply for a license to broadcast their content to users within Turkey. This measure aimed to bring these platforms under regulatory oversight.

According to Freedom House's index, how is Turkey's internet freedom classified?

According to Freedom House's index, Turkey's internet holds a classification of Not Free. This designation reflects significant restrictions on internet freedom within the country.

What does Twitter's transparency report indicate about Turkey's position regarding social media censorship?

Twitter's transparency report indicates that Turkey leads in social media censorship. This suggests a high volume of government requests or actions to restrict content on social media platforms.

Can you list some of the prominent websites that the Turkish government has reportedly blocked?

The Turkish government has reportedly blocked numerous websites, including major platforms such as Instagram, Discord, Twitter, YouTube, and Wikipedia. These blocks are often implemented as part of broader internet control measures.

Besides social media and information sites, what other types of online content have faced bans in Turkey?

In addition to websites, certain video games have also been banned in Turkey. For example, the game Roblox was reportedly banned.

What are the main laws that form the basis for internet regulation in Turkey?

The primary laws governing internet regulation in Turkey are the Electronic Communications Law (ECL) and Law No. 5651, commonly known as the Internet Act (IA). These pieces of legislation define the regulatory landscape for online activities.

What was the role and affiliation of the Presidency of Telecommunication and Communication (TIB)?

The Presidency of Telecommunication and Communication (TIB), which is now defunct, was affiliated with the ICTA and focused specifically on telecommunications and internet regulation. It was established by Law No. 5397 to oversee these areas.

What were the stated purposes behind the enactment of Law No. 5651, the Internet Act?

The Internet Act (IA) was enacted for two main reasons: first, to define the liabilities and responsibilities of key internet actors such as collective use providers, access providers, location providers, and content providers; and second, to establish procedures and fundamentals for combating specific crimes committed over the internet through these providers.

What is the primary law that governs the regulation of internet content in Turkey?

The primary law governing the regulation of internet content in Turkey is Law No. 5651, also known as the Internet Act (IA). This law outlines the procedures and responsibilities related to online content.

According to the Internet Act (IA), who bears the main responsibility for the legality of internet content?

According to the Internet Act (IA), the primary responsibility for the legality of internet content is placed on the content provider. This means the creator or publisher of the content is generally held accountable.

Under what circumstances might a host provider become responsible for content they host?

While a host provider is generally not responsible for supervising the legality of content, they become responsible if they are notified about illegal content and fail to take it down. They are also responsible for saving traffic information and complying with PTC instructions.

What are the obligations of a host provider regarding traffic information and requests from the PTC?

A host provider is required to save traffic information for a period determined by ordinance, typically between one and two years. They must also present requested information to the PTC and implement any precautions instructed by the authority.

How have the sanctions for hosting service providers changed under the IA?

Under the current version of the IA, hosting service providers are subject to monetary fines for violations, a change from previous legislation that included imprisonment. This shift aims to penalize non-compliance financially rather than through incarceration.

What key changes were introduced by the January 2021 amendment to Law No. 5651 concerning social media?

The January 2021 amendment introduced a definition for social network providers, allowed for administrative fines to be notified via email or other communication devices, increased fines for non-compliant hosting providers, and enabled the extraction of illegal content instead of blocking entire websites. It also mandated the appointment of a representative in Turkey for social network providers with over one million daily accesses.

What is the requirement for social network service providers that experience over one million daily accesses from Turkey, as per the January 2021 amendment?

Social network service providers that have over one million daily accesses from Turkey are obligated to appoint a representative within Turkey. They also face a gradual, five-stage administrative sanction system and must prepare periodic reports.

What does the January 2021 amendment stipulate regarding the storage of data for social network providers with significant Turkish user bases?

For social network providers that track over a million daily accesses from Turkey, the January 2021 amendment includes an obligation to keep their data within Turkey. This data localization requirement aims to ensure data is accessible within the country's jurisdiction.

What new option is available to judges when deciding on content that infringes personal rights, according to the amended Internet Act?

According to the amended Internet Act, judges can now decide to remove only the specific portion of content that infringes personal rights, rather than blocking the entire website. However, if deemed necessary for protection, the judge can still order the removal of the whole content.

What body was established by modifications to the Internet Act to manage access prevention decisions?

A Board of Access Providers was established through modifications to the Internet Act. This board is responsible for executing decisions related to preventing access to online content.

Where is the Board of Access Providers headquartered, and who comprises its membership?

The Board of Access Providers is headquartered in Ankara. Its members consist of operators, specifically service providers and other entities that render Internet access services and are authorized under the Electronic Communications Law (ECL).

What specific categories of crimes, as enumerated in Article 8 of the IA, can lead to decisions preventing internet access?

Article 8 of the Internet Act enumerates several categories of crimes for which access prevention decisions can be made. These include inducement for committing suicide, sexual abuse of children, facilitation of drug abuse, providing detrimental drugs, obscenity, prostitution, facilitating gambling, and crimes against Mustafa Kemal Atatürk.

How does the Internet Act outline the process for preventing access to content deemed illegal during an investigation?

During the investigation phase for enumerated crimes, a judge may render a decision to prevent access if there is sufficient suspicion. In urgent circumstances, a public prosecutor can issue a temporary prevention decision, which must be presented to a judge for approval within 24 hours; otherwise, the decision is revoked.

Under what conditions can the Presidency of Telecommunication and Communications (PTC) independently decide to prevent access to online content?

The PTC can independently decide to prevent access if the content provider or hosting provider is located outside Turkey and the content involves certain enumerated crimes. Additionally, the PTC is authorized to prevent access in cases of sexual abuse of children, obscenity, and prostitution, irrespective of the location of the content or hosting provider.

What is the process for individuals seeking to protect their personal rights from online infringement?

Individuals claiming infringement of personal rights can apply directly to the content provider or hosting provider, or they can apply directly to the court. The provider must respond within 24 hours, and the court will issue a decision, ideally targeting only the infringing content.

What role does the PTC play in cases of intrusion upon seclusion, and what are the time constraints for judicial review?

The PTC acts as a competent authority when content intrudes upon an individual's private affairs. Upon receiving a request with satisfactory information, the PTC can initiate action, but the individual must then submit their demand to the Court within 24 hours, and the Court must render its decision within 48 hours.

What is the government's stated justification for the Internet Act regarding privacy and personal rights?

The government stated that the Internet Act aims to protect individual rights and liberties, specifically the right to privacy, and to prevent the violation of personal rights. It was presented as a measure to safeguard citizens' personal information and reputation.

How did the Turkish Communications Minister defend the country's internet content blocking practices?

Turkey's Communications Minister defended the country's blocking of content by drawing parallels with regulations in the United Kingdom, specifically mentioning the Internet Watch Foundation's blacklist of websites hosting child pornography and criminal activity. This comparison aimed to legitimize Turkey's own restrictive measures.

What is the purpose of requiring operators to preserve traffic information for up to two years under the IA?

The requirement for operators to preserve traffic information for up to two years is intended to facilitate the implementation of protective interim measures for personal rights. This data can be crucial in swiftly addressing and investigating cases of online defamation or privacy violations until a final court decision is reached.

What is the significance of the availability of partial prevention under the amended Internet Act?

The availability of partial prevention means that instead of blocking an entire website, only the specific content found to be infringing or illegal can be removed. This approach aims to minimize broader censorship and allow access to legitimate content on the same platform.

What criticism do opponents of the Internet Act raise concerning freedom of expression?

Opponents heavily criticize the Internet Act, alleging that the government is using democratic tools to implement censorship online. They express concern that the law primarily focuses on preventing access to content rather than addressing issues like wiretapping or personal data protection.

What international attention did Turkey's Internet Act attract?

Turkey's Internet Act attracted significant international attention, with the United States and the European Union communicating their concerns. Notably, then-US President Barack Obama discussed the Act and its influence with Turkish Prime Minister Recep Tayyip Erdoğan.

What financial concerns have been raised by opponents regarding the Internet Act?

Opponents have raised concerns about the financial burden the Internet Act might impose, particularly due to the self-sponsored nature of the Board of Access Providers. Entrepreneurs also worry that implementing the legal responsibilities could be challenging for small companies and might lead them to operate outside Turkey, potentially fostering an anti-competitive environment.

What is the Safe Internet (SI) service, and what is its primary goal?

Safe Internet (SI) is an optional, free service offered in Turkey designed to help families protect children from harmful online content. Its main objective is to promote the safe, effective, and appropriate use of the internet by raising awareness among children, families, and educators about its benefits and dangers.

How are the profiles within the Safe Internet service developed?

The profiles used within the Safe Internet service are created by a board of academicians from diverse fields, including pedagogy, psychology, law, and sociology. This multidisciplinary approach ensures a well-rounded perspective in developing content filters and guidelines.

How have the 2014 modifications to the Internet Act been characterized by critics regarding internet control?

The 2014 modifications to the Internet Act have been described by critics as tightening government control over the internet. Concerns were raised that these changes would enable authorities to block web pages rapidly, potentially without a court order, and might signal a move away from European Union norms.

What specific platforms were blocked by the Turkish government in March 2014, and what was a reported reason for the YouTube ban?

In March 2014, the Turkish government blocked access to Twitter and YouTube. The ban on YouTube reportedly followed the leak of a high-level security meeting recording on the platform, with the telecommunications authority citing it as a precautionary administrative measure.

When was Wikipedia blocked in Turkey, and what was the stated reason for this action?

Wikipedia sites were blocked in Turkey in April 2017 through an administrative measure. The Turkish government reportedly took this action after Wikipedia refused to remove content related to Turkey's alleged collaboration with the Islamic State and al-Qaeda in Syria.

When did the ban on Wikipedia in Turkey end, and what was the process for its removal?

The ban on Wikipedia sites in Turkey was ended by the Supreme Court of Turkey in January 2020. This decision lifted the restriction that had been in place for nearly three years.

What is the role of the Board of Access Providers in executing access prevention decisions?

The Board of Access Providers is required to execute decisions for the prevention of access to online content. However, this duty excludes decisions based on certain severe crimes enumerated in Article 8 of the IA, which may involve judicial or prosecutorial orders.

What is the government's argument regarding the Internet Act's impact on blackmail and threats to reputation?

The government, through statements by the Prime Minister, argued that the new Internet law does not impose censorship but rather serves as a measure against blackmail, immorality, and threats against people's reputations. It was presented as a tool to protect individuals from online harms.

How does the Internet Act address the situation where a content provider or hosting provider is located outside of Turkey?

If the content provider or hosting provider is located outside Turkey and the content involves certain enumerated crimes, the PTC has the authority to render a decision to prevent access on its own initiative. This allows Turkish authorities to act even when the servers are located abroad.

Internet Regulation In Turkey Wiki: Digital Sovereignty: An Examination of Internet Regulation in Turkey

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Overview

Legal Foundation

Internet regulation in Turkey is primarily authorized under the Electronic Communications Law (ECL) and the Internet Act. The Information and Communication Technologies Authority (ICTA) is the principal regulatory body.

Expanded Authority

In 2018, legislation granted the national broadcast media regulator, RTÜK, authority over internet services, requiring licenses for online video and streaming platforms targeting Turkish users.

Digital Freedom Index

Turkey's internet landscape, with 42.3 million users in 2018, is ranked 'Not Free' by Freedom House, indicating significant governmental control and restrictions.

Content Blocking

The Turkish government has frequently blocked access to numerous websites and platforms, including Instagram, Discord, Twitter, YouTube, Wikipedia, and the gaming platform Roblox, leading to concerns about censorship.

Regulatory Authorities

Institutional Framework

Turkey's political system, based on the separation of powers, includes specialized regulatory authorities (RAs) to oversee various market sectors. These entities are crucial for implementing and enforcing sector-specific regulations.

ICTA's Mandate

The Information and Communication Technologies Authority (ICTA) is vested with significant responsibilities concerning information technologies under the ECL. Its purview includes regulating domain names, e-signatures, and registered e-mail systems.

Key Regulatory Bodies

Notable regulatory authorities in Turkey include the Competition Authority, the Energy Market Regulation Authority, the Banking Regulation and Supervision Authority, the ICTA, and the Tobacco, Tobacco Products and Alcoholic Beverages Market Regulation Board.

Background

The Internet Act (IA)

Law No. 5651, commonly known as the Internet Act (IA), was enacted on May 4, 2007. Its primary objective was to define the liabilities of key internet actors—content providers, host providers, access providers, and location providers—and to establish procedures for combating crimes committed online.

Reorganization of Duties

The IA significantly reorganized the duties of the Presidency of Telecommunication and Communication (PTC), which was affiliated with ICTA. This led to the establishment of an dedicated Internet Department within the PTC to manage these new responsibilities.

Evolution of PTC

The PTC, established by Law No. 5397, was directly organized under ICTA. It comprised several departments, including Law, Technical Management, Information Systems, Administration, and the crucial Internet Department, reflecting the growing focus on digital governance.

Internet Law

Content Regulation Framework

Content regulation in Turkey is primarily governed by Law No. 5651 (the Internet Act), with the PTC holding specific authority in this domain as per Article 6/g and 13 of the ECL.

2014 Modifications

In February 2014, an omnibus bill amended the 2007 Internet Act. These modifications expanded the powers of the national telecommunications authority concerning internet content regulation and access control.

Secondary Regulations

Beyond the primary Act, various ordinances have been enacted to elaborate on its provisions, particularly concerning the procedures for granting business certificates to host and access providers and the regulation of online publication content.

Content Regulation

Provider Responsibilities

The Internet Act places primary responsibility on content providers. While host providers are generally not liable for linked content, they must remove illegal content upon notification and retain traffic data for up to two years.

Content Provider: Primarily responsible for the legality of published content. Not liable for linked content from third parties unless they explicitly support it.

Host Provider: Obligated to remove content upon notification of illegality. Must preserve traffic information for a period determined by ordinance (1-2 years). Sanctioned with monetary fines, not imprisonment, under recent amendments.

2021 Amendments

A significant amendment in January 2021 introduced new regulations, including defining social network providers, imposing administrative fines, mandating data localization, and requiring companies with over one million daily Turkish users to appoint a local representative.

Definition of social network providers.
Administrative fines for hosting providers.
Increased fines for non-compliance.
Option to extract specific illegal content rather than blocking entire sites.
Requirement for social network providers (with >1M daily access) to appoint a Turkish representative.
Data retention within Turkey.
Periodic reporting obligations for major social networks.

Access Prevention & Personal Rights

The Act allows for access prevention decisions, either by judicial order or, in urgent cases, by the PTC or public prosecutor. Measures are also in place for protecting personal rights, allowing for the removal of specific infringing content.

Board of Access Providers: Established to execute access prevention decisions, excluding those related to specific serious crimes. Decisions can be made by judges or prosecutors, subject to judicial approval.

PTC's Role: Can initiate access prevention for foreign providers or specific offenses (e.g., child abuse, obscenity) without immediate judicial order, but judicial ratification is required.

Personal Rights Protection: Individuals can request content removal. Judges aim to block only the infringing part, but may block entire sites if necessary. PTC can act as an interim measure for privacy intrusions.

Arguments & Criticisms

Supporting Arguments

Proponents argue the Internet Act is essential for protecting privacy, combating crime, and maintaining public order. They cite measures against blackmail, immorality, and defamation.

Privacy Protection: Aims to safeguard individual privacy and prevent unauthorized data sharing or wiretapping, using temporary access prevention as an interim measure.
Combating Crime: Designed to fight against online crimes, including those related to blackmail, immorality, and threats to reputation.
International Comparisons: Turkish officials have drawn parallels to regulations in countries like the UK, referencing measures against child pornography and criminal content.
Efficiency: Facilitates swift action against harmful content, with provisions for partial content removal and monetary fines replacing imprisonment for certain offenses.

Critical Perspectives

Critics contend that the legislation grants excessive power to authorities, potentially enabling widespread censorship and stifling freedom of expression online.

Freedom of Expression: Concerns that the law facilitates censorship and restricts free speech, with broad powers for blocking content without immediate judicial oversight.
International Scrutiny: The Act has drawn criticism from international bodies, including the US and EU, raising questions about Turkey's alignment with democratic norms and EU standards.
Financial and Operational Burden: The establishment of new bodies and the compliance requirements are seen as potentially burdensome for smaller internet service providers and could create an anti-competitive environment.
Impact of Amendments: Modifications, particularly those from 2014, have been described as tightening government control, potentially influenced by political events like corruption scandals.

Safe Internet Initiative

Family Protection

The "Safe Internet" (SI) initiative is a voluntary, free service designed to help families protect children from harmful online content. It offers customizable profiles (e.g., family, children) that users can opt into or out of.

Expert Development

The profiles and content filtering options within the SI initiative are developed by a board of academics from diverse fields, including pedagogy, psychology, law, and sociology, ensuring a multi-disciplinary approach.

Awareness and Education

The primary goal of SI is to promote the safe, effective, and responsible use of the internet. It aims to raise societal awareness about potential online risks and provide educational resources for children, families, and educators.

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References

A full list of references for this article are available at the Internet regulation in Turkey Wikipedia page

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Disclaimer

Important Notice

This content has been generated by an Artificial Intelligence and is intended for academic and informational purposes only. It is based on data sourced from Wikipedia and may not reflect the most current information or provide exhaustive detail.

This is not legal or policy advice. The information presented here should not substitute professional consultation regarding internet law, telecommunications policy, or digital rights. Always refer to official sources and consult with qualified experts for specific guidance.

The creators of this platform are not liable for any inaccuracies, omissions, or actions taken based on the information provided.

Digital Sovereignty

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Overview 🌐

📜 Legal Foundation

🏛️ Expanded Authority

📊 Digital Freedom Index

🚫 Content Blocking

Regulatory Authorities 🏛️

⚖️ Institutional Framework

📡 ICTA's Mandate

🏢 Key Regulatory Bodies

Background 📜

📜 The Internet Act (IA)

🔄 Reorganization of Duties

🏛️ Evolution of PTC

Internet Law ⚖️

📝 Content Regulation Framework

📈 2014 Modifications

📜 Secondary Regulations

Content Regulation ✍️

👤 Provider Responsibilities

📅 2021 Amendments

🛡️ Access Prevention & Personal Rights

Arguments & Criticisms 🗣️

👍 Supporting Arguments

👎 Critical Perspectives

Safe Internet Initiative 🛡️

👨‍👩‍👧‍👦 Family Protection

🎓 Expert Development

💡 Awareness and Education

Teacher's Corner 🧑‍🏫

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References

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Disclaimer ⚠️

📜 Important Notice

Dive in with Flashcard Learning!

Overview

Legal Foundation

Expanded Authority

Digital Freedom Index

Content Blocking

Regulatory Authorities

Institutional Framework

ICTA's Mandate

Key Regulatory Bodies

Background

The Internet Act (IA)

Reorganization of Duties

Evolution of PTC

Internet Law

Content Regulation Framework

2014 Modifications

Secondary Regulations

Content Regulation

Provider Responsibilities

2021 Amendments

Access Prevention & Personal Rights

Arguments & Criticisms

Supporting Arguments

Critical Perspectives

Safe Internet Initiative

Family Protection

Expert Development

Awareness and Education

Teacher's Corner

True or False?

Test Your Knowledge!

Gamer's Corner

Discover other topics to study!

References

Feedback & Support

Disclaimer

Important Notice