Lifting the Access Ban
The decisions taken at the investigation stage can be removed by the Public Prosecutor, and the decisions taken at the prosecution stage can be removed by the courts. Persons concerned may appeal against the decision on the access barrier, which is applied as a protection measure issued by the Public Prosecutor, Judge or Court, within 7 days. The persons concerned can be considered as anyone whose interests are affected by this obstacle. In this way, even users who use the relevant content can appeal against the access ban within 7 days. The objection in question is made in accordance with the provisions of the CMK. As a result of the appeal, the decision made by the judge or the court will be forwarded to TIB and the access barrier will be removed by notifying the TIB service providers about this decision and notifying the ESB.
Again, as mentioned above, Law No. 5651 No. 8. If the Public Prosecutor decides that there is no room for prosecution in this regard, the decision to block access will automatically become null and void during the investigation of the crimes listed in the Article. If the prosecution stage has been passed, if the court has decided an acquittal in this direction, the access barrier decision will automatically become invalid. In both cases, a copy of both the KYOK decision made by the Public Prosecutor and the acquittal decision made by the court is sent to TIB, and TIB transfers the relevant decision to the ESB, removing the access barrier.
The published content is required by Law No. 5651 8. 9.If it constitutes the subject of one of the crimes mentioned in Article 9. If the content provider removes this content, it is removed because there is no longer any continuation of this decision, which is already applied as a precautionary measure, if it constitutes a violation of the right of personality by its article and there is an access barrier in this direction; it is removed.
But in practice, most often the access ban is not lifted by itself. Since the decisions made by Public Prosecutors or Courts in this direction are mostly not delivered to TIB and therefore ESB in practice, the access barrier to the relevant website does not disappear by itself. If a request is made to the public prosecutor or court to remove information about the removal of content that constitutes the subject of a crime or violates the right of personality in this regard, and to remove the barrier of access to it in the future, the measure will be lifted. In terms of proving that the content has been removed in this direction, the e-detection service of the Turkish Notaries Association will be available.
If TIB has made the decision to block access, this will be an administrative measure. The provisions of the relevant law do not provide for any way of appeal against this decision, which was issued as an administrative measure. However, if the persons concerned have suffered a cancellation lawsuit or damage to the administrative courts for the cancellation of administrative proceedings in this regard, they will still be able to file a full judicial lawsuit with the administrative courts.
