How To Remove Content And Block Access Due To Violation Of Personal Rights

How to Remove Content and Block Access Due to Violation of Personal Rights?

9/1 of the Law No. 5651.according to the article, videos, images, news, comments, etc. of a size that will violate someone’s personal rights. if the content is published on the internet, the person whose personal right is violated may request that the content be removed or access blocked.

Although every attack on personal rights is covered by a tort, but not every tort constitutes 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 via internet broadcasting.

The court in charge of this matter, the court in charge of making the decision to block access to content due to violation of personal rights, 9/1 of Law No. 5651.according to the article, the Judge is a Criminal Judge.

On the other hand, the competent court is the Criminal Judges of Peace authorized to make a decision on the removal of content and blocking access due to violation of personal rights, if the website has a known central address in Turkey, the Criminal Judge of Peace at this address is 12/5 of the Law No. 5271.according to the article, the place of residence and residence of the victim, the Criminal Court of Peace is also authorized to make a decision on blocking access.

Decisions to block access made by the Criminal Judges of Peace are sent directly to the Association of Access Providers. In accordance with the decision to block access to the content sent by the Union to the access provider, access is fulfilled by the access provider no later than within 4 hours.

The Criminal Magistrates’ Courts shall decide the application without holding a hearing within 24 hours at the latest due to the violation of personal rights. An appeal may be filed against this decision in accordance with the provisions set out in Law No. 5271.

9/9 of the Law No. 5651.in the event that the publication regarding the violation of the personal right subject to the decision of the Criminal Justice of Peace to block access is published at other internet addresses not included in the decision, the current decision is also applied to these addresses if the relevant person applies to the Association of Access Providers.

You can read our articles and petition examples by clicking here.