7.Criminal Department 2014/5036 E. , 2014/12937 K.
A. In the direction of removing the user name and profile picture contained in the twitter account created with the username @ertemsener on the social networking site Twitter, as well as the content of fake tweets contained in this account.. Sh.. Büyükçekmece 1 regarding the rejection of the deputy’s request. Regarding the rejection of the appeal against the decision of the Magistrate’s Court dated 29/05/2013 and numbered 2013/1077, merci Buyukcekmece 8. The case file containing the request of the Criminal Court of First Instance to overturn the decision dated 12/07/2013 and numbered 2013/186 of the Supreme Ministry of Justice on 13/01/2014 days and law No. 2892 for the benefit of the Supreme Court of Cassation on 24/01/2014 days and PUK. it was read by giving it to the apartment with the notification No. 2014/22872.
In the above-mentioned notice;
9/1-2 of the Law No. 5651 on the Regulation of Publications Made on the Internet and the Fight against Crimes Committed Through These Publications. “A person claiming that his rights have been violated due to the content may request the content provider to remove the content related to him from the publication and publish the answer he has prepared on the Internet for a week, not exceeding the scope of publication, by contacting the content provider if he cannot reach it. The content or location provider fulfills the request within two days from the date of its receipt. If the request is not fulfilled within this period, it is considered rejected. If the request is considered rejected, the person may apply to the settlement magistrate’s court within fifteen days to request that the content be removed from the publication and the response prepared by him, not exceeding the scope of publication, be published on the Internet for a week. The magistrate decides on this request within three days without a hearing. An appeal may be filed against the decision of the magistrate in accordance with the provisions of the Code of Criminal Procedure.”when the arrangement is taken into consideration, the user name and profile picture on the twitter account created with the username @ertemsener and the fake tweet content contained in this account violate the honor and dignity of the person concerned and damage the rights of personality, the shares made from the fake twitter account created in question, as if A..Sh..that it causes an impression that it belongs to, in the face of the understanding that the user name subject to the complaint was sent to the profile mentioned in the opinion that it belongs to the relevant person, there was no hit in deciding to reject the appeal in writing instead of accepting it and 309 of the Criminal Procedure Code No. 5271. in accordance with the article, the violation of the decision referred to was reported in reference to the violation of the need for the benefit of the law, and was discussed and considered on behalf of the Turkish Nation as necessary;
Since the contents of the notice based on the request of the Prosecutor General’s Office of the Supreme Court of Cassation to overturn it for the benefit of the law are seen on the spot, Buyukcekmece 8. 12.07.2013 day and 2013/186 D of the Criminal Court of First Instance.Article 309 of the CMK of the business decision no.according to the article, it was decided unanimously on 19/06/2014 that the user name and profile picture and tweet content on the twitter account @ertemsener user should be removed from the publication.
