403 / 521
The court may only render a decision on blocking access to the
related publication, part or chapter (in the form of a URL
5
, etc.), which
violates personal rights. However, in the event the judge is convinced
that the violation will not be prevented through blocking access then he
may render a decision to block access to the whole publication on the
related web site, provided that the jurisdiction of the decision is stated.
Blocking Access to Content that Violates Privacy
Following Article 9, an additional Article 9/A, entitled ‘Access
blocking due to the violation of privacy’, is added to Law No. 5651.
Pursuant to this Article, the persons claiming that the content of a pub-
lication violates their privacy may request that access to said content
be blocked, by applying to the Telecommunications Communication
Presidency (“TCP”) as a precaution. In order to implement the
received request, the TCP shall immediately inform the APA and
access providers shall fulfill this precautionary request instantly, with-
in four hours.
The types of content that may be blocked due to the violation of
privacy are stated as follows: the related publication, part, chapter, pic-
ture or video (in the form of a URL).
Persons requesting that Internet content be blocked due to a viola-
tion of privacy shall submit their claim to the criminal court of peace
within twenty-four hours after applying to the TCP. The court shall
render a decision within forty-eight hours and send it directly to the
TCP. The court decision may be appealed.
However, where it is determined that the delay of the removal of
content violating privacy is unfavorable, the Telecommunication
Communications President may issue a direct order to block access to
such content. This decision shall be submitted to the criminal court of
peace for approval within twenty-four hours by the TCP and the court
shall render its decision within forty-eight hours. Nevertheless, the
unfavorable circumstances due to delay of removal are not clearly
defined in the law.
MISCELLANEOUS
387
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Full address/location of the related content on Internet.