In our country and worldwide, in addition to traditional media, social media plays a significant role in information and content sharing. Social media has started to influence the agenda with the ability for users to share content and comments more quickly and effectively on internet platforms. The perceived lack of development in traditional media, its inability to keep up with daily developments, and its perceived direction by certain segments enhance the effectiveness of social media. However, the development of social media, the sharing of news and content, the ability for individuals to express themselves comfortably, and share their views also lead to information pollution.
According to Law No. 5651; the internet environment refers to the environment created on the internet, which is public and excludes communication and personal or corporate computer systems. Similarly, publishing on the internet refers to data accessible to an indefinite number of people on the internet.
In order to prevent legal violations carried out via the internet; Law No. 5651 on the Regulation of Publications Made on the Internet and Combating Crimes Committed Through These Publications was adopted in our country on 04.05.2007.
According to Article 8 of Law No. 5651 titled "Decision on Blocking Access and Its Implementation"; a decision is made to block access to publications on the internet which create certain crimes and there is sufficient suspicion about their content. The crimes specified in the Turkish Penal Code include incitement to suicide, sexual exploitation of children, facilitating the use of drugs or narcotics, providing dangerous substances for health, obscenity, prostitution, providing a place and opportunity for gambling, and crimes against Atatürk.
Individuals have the right to request the removal of content about themselves from the internet. A person claiming that their rights have been violated due to written, visual, or audio content published on a website may request the removal of the content from the content provider, or if unable to reach the content provider, may apply to the hosting provider to have the content removed and request that their response be published on the internet for a week. If the content provider or hosting provider does not fulfill this request within 2 days from the date of receipt, the request is considered rejected. However, in order for action to be taken in this regard, it is necessary to reach the content provider, and if this is not possible, the hosting provider must be located in Turkey. If the content provider or hosting provider fails to comply with the request for removal of the content, the individual may apply to the local court within 15 days to request the removal of the content from publication and the publication of their response on the internet for a week.
Hosting Provider and Its Responsibilities
According to Article 2 of Law No. 5651 titled "Definitions"; a hosting provider is defined as natural or legal persons who provide or operate systems hosting services and content on the internet platform.
Hosting providers are referred to as hosting service providers internationally. The concept of a hosting provider, although interpreted very broadly in practice under the relevant law, also includes websites created by user-generated content. Accordingly, websites such as Facebook, Twitter, YouTube, Ekşi Sözlük, WordPress, and similar websites are considered hosting providers under the relevant law.
Hosting providers are not obliged to monitor or investigate whether there is an unlawful situation in the services and content they host. However, hosting providers are obliged to remove such content and services upon being notified by the official authorities about the unlawful content and services they host.
Similarly, according to Article 5 titled "Obligations of Hosting Providers" of the relevant law; hosting providers are obliged to retain traffic data related to the services they provide for a period determined by the regulation, not less than 1 year and not more than 2 years, and to ensure the accuracy, integrity, and confidentiality of this information. Hosting providers can be classified and differentiated in terms of rights and obligations according to the nature of the work they do within the framework of the rules and principles determined by the regulation.
Another responsibility of the hosting provider is to provide the information requested by the Presidency, deliver it to the Presidency in the requested manner, and comply with the measures notified by the Presidency. Hosting providers who do not make notifications regarding hosting or fail to fulfill their obligations under this law are subject to administrative fines imposed by the Presidency.
Content Provider and Its Responsibilities
A content provider refers to natural or legal persons who produce, modify, or provide any kind of information or data available to users via the internet.
With the definition specified in the law, the concept of a content provider includes not only website administrators but also website owners, website designers, and content editors. Legal entities such as associations, foundations, or commercial companies can also be content providers. Providing content on the internet means presenting, providing, and transferring information and data to users.
According to the first paragraph of Article 4 of Law No. 5651; content providers are responsible for all kinds of content they offer on the internet. Furthermore, a content provider cannot be held responsible for content provided by others through a link.
However, if it is understood from the presentation style of the content provider, that they endorse the content they provide and intend for the user to access this content, then the content provider is also held responsible according to general provisions. Additionally, the content provider must provide the requested information to the Presidency in the requested manner and receive notifications specified by the Presidency.
