Law No. 5651 Determination of the Illegality of the Attack Made Via the Internet, Petition For the Suspension and Cancellation of the Publication

MANAVGAT CRIMINAL JUSTICE OF PEACE

Antalya

WHO MADE THE REQUEST

COMPLAINANT : TC ID No:

address :

attorney :

address :

SUBJECT : The determination of the illegality of the attack on our client via the Internet includes our request to stop and remove the publication, consists of the submission of our petition.

 

OUR EXPLANATIONS

1-) The photograph taken in close-up while the client was meeting with his close friends …./…/…. In the history of “www. ….. .com” is published on the website. The client was shown drinking alcohol while having fun with his girlfriends in the photo in question, and he was referred to as an ‘alcoholic’ and a ‘wife-and-daughter lover’ in the news next to the photo.

2-) The client is a respected and respected personality who is respected in his commercial life. Alcoholism is an excessive passion for alcoholic beverages in a way that harms a person’s physical and psychological health, and the fact that the client drinks one or two drinks while going out to dinner with close friends is referred to as alcoholism is contrary to reality, it is clearly an attack on the client’s personal rights.

In order to be diagnosed with alcoholism in a medical sense, at least 3 of the following substances must be present in a person:

1. Drinking alcohol in greater quantities and duration than intended. For example, a person starts to drink a glass, but he cannot get up until he finishes a bottle.
2 . A person starts drinking again even though he wants to quit or has tried to quit many times. He may not drink for a few days or months from time to time. He may try to point to this as proof that he can ’quit whenever he wants’.
3. He devotes too much time to drinking. Some may drink during the day, trying not to make anyone notice.
4. Reduces or abandons social activities, hobbies, other enjoyable activities that he does not have the opportunity to drink.
5. He continues to drink despite experiencing physical (liver disease, high blood pressure, gastritis, etc.) or psychological (depression, anxiety, sleep disorder, etc.) problems related to alcohol or increased by alcohol.
6. He increases the amount he drinks to get the same effect, or he drinks in quantities that would be considered too much for others, but he is not affected (he can postulate this as proof that he is resistant to alcohol, as if it were a falsely good thing).
7. When he does not drink alcohol, he experiences complaints such as tremors, sweating, palpitations.

3-) The client has been clearly victimized by the news that is an attack on the client’s private life and personal rights in a way that is easily accessible on the Internet. In this regard, Article 24 of the TMK No. 4721 has regulated the provisions that a person whose personal rights have been attacked unlawfully may request protection from a judge against those who have committed an attack.

4-) In the Internet environment ……with the publication made from the website, the respected personality and commercial reputation of the client have been compromised. About this illegal publication …/…/….the content related to the client was requested to be removed from the publication by contacting the hosting provider on the date, but our application was not responded to within 2 days after the request reached the hosting provider, and the publication was not removed from the relevant website.

5-) With the removal of the publication containing unfair and untrue statements about the client from the Internet, it is necessary to decide to publish the answer prepared by us on the Internet for a week in order to prevent damage to the client’s commercial reputation.

6-) Due to the above-mentioned issues, it has become necessary to apply to your Honorable Court with this petition in order to determine the illegality of the attack made via the Internet, to stop and remove the publication.

 

LEGAL REASONS : 5651 P. K. m. 9, 9/A, 5237 P. K. m. 134, 4721 P. K. m. 24, 25, Regulation on the Procedures and Principles for the Regulation of Publications Made on the Internet, m. 10

 

LEGAL EVIDENCE :

1-) Photocopies of related website images

2-) News clippings related to various newspapers.

3-) Sample of the application petition made to the website hosting provider

4-) The witness list shows the names and addresses of the witnesses and the topics they will testify about

5-) Expert Examination.

 

CONCLUSION AND CLAIM : For the reasons we have explained above, in the concrete incident, our client’s personal right is clearly violated “……….. we respectfully request on behalf of our client to determine the illegality of the attack made via the Internet on the website called ”com”, to stop the publication and to decide on its removal. …/…/…

 

ADDITIONAL :

 

The Complaining Deputy

Lawyer.

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