How to Remove Content and Block Access Due to Violation of Personality Rights?
9/1 of the Law No. 5651.according to the article, videos, images, news, comments, etc. that will violate the personal rights of a person. if the content is published on the internet, the person whose right of personality is violated may request that the content be removed or access be blocked.
Every attack on the rights of a person is covered by a tort, but not every tort is a crime. Even if it does not constitute a crime, a decision may be made to block access due to any violation of personal rights made over the Internet broadcast.
The court charged with this matter is the court charged with making the decision to block access to the content due to violation of the rights of the person, 9/1 of Law No. 5651.according to its article, it is a Magistrate’s Court.
If the competent court has a known central address of the website in Turkey, the Magistrate’s Office at this address and the Law No. 5271 12/5 are authorized to make a decision on the removal of content and blocking access due to violation of personal rights.in accordance with the article, the place of residence and residence of the victim, the Magistrate’s Office is also authorized to make a decision on blocking access.
Decisions on blocking access issued by magistrates are sent directly to the Association of Access Providers. The requirement of the decision to block access to the content sent to the access provider by the Union is fulfilled by the access provider no later than 4 hours.
Magistrates decide on the application for violation of personality rights no later than 24 hours without holding a hearing. An appeal may be filed against this decision in accordance with the provisions set out in Law No. 5271.
9/9 of Law No. 5651.in accordance with the article, if the publication about the violation of the right of the person subject to the decision to block access granted by the Magistrate’s Office is also published on other Internet addresses not included in the decision, the current decision is also applied for these addresses if the relevant person applies to the Association of Access Providers.
