With the decision of the Constitutional Court (“Constitutional Court”) published in the Official Gazette dated 10.01.2024 and numbered 32425, some articles of the Law No. 5651 on the Regulation of Publications on the Internet and Combating Crimes Committed through These Publications (“Law”) have been canceled.
The articles of the Law subject to annulment are as follows:
Art. 8/4:
“The decision to remove content and/or block access to publications whose content constitutes the offenses specified in the first paragraph shall be made ex officio by the President. This decision shall be notified to the relevant content and hosting providers and access providers and they shall be requested to fulfill their obligations.”
Art. 8/11:
“In the event that the content removal and/or access blocking decision issued as an administrative measure is not fulfilled, the President shall impose an administrative fine from ten thousand New Turkish Liras to one hundred thousand New Turkish Liras on the relevant content, hosting and access provider. In case the access provider fails to fulfill the decision within twenty-four hours from the moment the administrative fine is imposed (…)19 the Authority may decide to cancel the authorization.”
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