…….. MAGISTRATES ‘ HAKIMLIGI THE,
REQUESTING
(VICTIM) :
TC IDENTIFICATION NUMBER :
address :
attorney :
(Legal representatives of the parties, if any)
address :
(Legal representatives of the parties, if any)
SUBJECT : Determining the illegality of the attack on our client via the Internet consists of our request to stop and remove the publication.
INSTRUCTIONS
1-) A close-up photo of the client when he was meeting with close friends …./…/…. In the history of “www. ….. It is posted on the website ” .com”. The client was seen drinking alcohol in the photo in question and was referred to as an ‘alcoholic’ in the news story next to the photo. (APPENDIX-1)
2-) The client is a respected person in his business life and is also a loved one in his immediate environment. An alcoholic is an excessive passion for alcoholic beverages in a way that harms a person’s physical and psychological health, and it is against the truth that drinking one or two glasses of alcohol while the client is out for dinner with close friends is referred to as an alcoholic, it is clearly an attack on the client’s personal rights. (APPENDIX-2)
3-) The client has been clearly victimized with the news that is an attack on the client’s private life and personal rights in a way that is easily accessible on the Internet. In this regard, Article 24 of the Turkish Commercial Code No. 4721 has regulated that a person whose personal rights have been attacked in violation of the law may ask a judge to protect them from those who have been attacked.
4-) In the Internet environment …….with the publication from the website, the client’s respected personality and commercial reputation have been compromised. About this illegal publication …/…/….on the date of the application to the location provider, the content related to the client was requested to be removed from the publication, but our application was not answered within 2 days of the request reaching the location provider, and the publication was not removed from the relevant website. (APPENDIX-3)
5-) In order to prevent damage to the commercial reputation of the client by removing the publication containing unfair and untrue statements about the client from the Internet, it is necessary to decide that the answer prepared by us should be published on the Internet for a week.
6-) Due to the above-mentioned issues, we have been obliged to contact Your Court with a request to determine the illegality of the attack made via the Internet, stop the publication and remove it.
LEGAL REASONS : 5651 P. K. m. 9, 9/A, 5237 p. K. m. 134, 4721 Pp. K. m. 24, 25, Regulation m on the Procedures And Principles for the Regulation of Publications Made on the Internet. 10
LEGAL EVIDENCE :
1-) Photocopies of the corresponding website image
2-) News clippings related to various newspapers.
3-) An example of an application petition submitted to the website location provider
4-)Shows the names and addresses of the witnesses and the topics they will testify to witness list
5-) Expert Review.
CONCLUSION AND STATEMENT: For the reasons we have explained above, there is a clear violation of our client’s right to personality in a concrete case “……….. we respectfully request on behalf of our client that the illegality of the attack via the Internet on the website ”com” be determined, the publication be stopped and the decision to be removed be made. …/…/…
ECLAIR :
1-) Photocopies of the corresponding website image
2-) News clippings related to various newspapers.
3-) An example of an application petition submitted to the website location provider
4-)Shows the names and addresses of the witnesses and the topics they will testify to witness list
5-) An example of a certified power of attorney.
The Requesting Deputy
