Information and Communication Technologies Board Decision on the Obligations of Social Network Providers
The decision (Decision) of the Information and Communication Technologies Board (Board) dated 28.03.2023 and numbered 2023/DK-ID/119 entered into force through publication in the Official Gazette dated 01.04.2023 and numbered 32150. The Decision introduced amendments to the procedures and principles regarding social network providers set forth in the Board’s decision dated 29.09.2020 and numbered 2020/DK-ID/274. Significant amendments introduced by the Decision are as follows:
- The Decision regulates the obligations of foreign social network providers with more than one million daily accesses from Turkiye (Social Network Providers) to appoint a representative in Turkiye.
- Special provisions are introduced for Social Network Providers whose daily access from Turkiye exceeds ten million. Accordingly, the representative of the Social Network Provider whose daily access from Turkiye exceeds ten million shall; (i) be a branch established as a company if it is a legal entity, (ii) have a title that includes the distinguishing wording of the Social Network Provider’s title and the province where the company was established, (iii) be wholly owned by the Social Network Provider, (iv) have a share capital of at least 100,000,000 Turkish Liras, and (v) clearly state in its articles of association that it is designated as fully authorized and responsible by the social network provider.
- The Decision introduces obligations on Social Network Providers such as creating an advertisement library, providing information to judicial authorities regarding those who commit certain crimes regulated in the Turkish Penal Code No. 5237, providing differentiated services specifically for children, sharing content that endangers the safety of life and property with law enforcement and creating a crisis plan and introduces various measures regarding the personal data protection of users and cyber security.
- Finally, the Decision stipulates the judicial and administrative sanctions to be applied in the event that Social Network Providers fail to fulfill their obligations.
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