Blocking access to a website or web page; It refers to the blocking of access to the URL on the website where the unlawful content is located, and if the violation cannot be eliminated in this way, access to the entire website for reasons such as violation of personal rights or privacy of private life, crime, public interest, etc. with content such as news, videos, photos, comments, etc. published on the internet.
Removing/deleting content from the internet is the removal or deletion of news, videos, photographs, comments, etc. published on the internet that constitute a violation of the law. Content removal/deletion can only be performed by the hosting or content provider.
The basic rules regarding the regulation of broadcasts over the Internet, the removal of illegal content and the blocking of access to websites are regulated by the Law No. 5651 ‘Law on the Regulation of Publications on the Internet and Combating Crimes Committed through These Publications’.
Liability and Concepts in Internet Law
In internet law, certain concepts are used to determine personal liability for content published via the internet. Attention should be paid to the following concepts in the petition requesting a decision to remove content from the internet or block access or in the objections made within the framework of Law No. 5651:
E-Detection; It is the detection of data or information on any web page or social media account on the internet on a 7 days/24 hours basis by the Union of Notaries of Turkey by URL-based scanning. The person requesting e-detection sends the URL whose content he/she wants to detect to the database of the Union of Notaries, he/she is given an e-detection application number, and with the said application number, he/she applies to any notary within working hours and the online detection is put on paper and approved by the notary. With the e-detection method, offences committed over the internet or acts that cause private law disputes are definitively detected. The web page of the Union of Notaries used for e-determination purposes: E-Detection Application Page
Content Provider; is anyone who provides information or content to the internet environment in the form of writing, commenting, audio recording, photograph, video or in any other way. For example, any person who uploads a video to youtube, a reader who comments on a news site, an article writer in a newspaper, a member who enters an entry on ekşisözlük site, etc. All internet users are characterised as content providers. The content provider is not responsible for the content belonging to someone else to which it provides a link. However, if it is clearly evident from the way it is presented that it adopts the content to which it provides a link and aims for the user to access the content in question, it is liable according to the general provisions (Art. 5/2 of Law No. 5651).
The‘property right holder’, ‘operator’ or ‘hosting’ (the place where the content of the website is hosted) service provider of the website that internet users (content providers) access is defined as the hosting provider. The hosting provider enables internet users to provide content. For example, the owner of Hürriyet newspaper or the company providing hosting services to Hürriyet newspaper is a hosting provider. The authors of the newspaper or users who comment on the news are also content providers. The hosting provider is not obliged to control the content it provides or to investigate whether there is an illegal activity (Article 5 of Law No. 5651). You can access the list of hosting providers here: List of Hosting Providers
Access Provider; refers to all kinds of real or legal persons who provide access to the internet with names such as Turkcell, Superonline, TTNET, Kablonet, etc., which provide users with wired or wireless access to the internet environment. The access provider is the company that enables the user to connect to the internet for a certain fee. The term ‘internet service provider’ (ISP) is also used to refer to real or legal persons who provide access. For example, if an internet package is purchased from Turkcell for 25 TRY, Turkcell is considered as an ‘access provider’, in other words, an internet service provider. The access provider is not obliged to check whether the content of the information accessed through it is unlawful and whether it requires liability. However, the access provider is obliged to block access to unlawful content published by any of its users in the event that it becomes aware of it (Art. 6 of Law No. 5651).
Internet Mass Use Providers are real or legal persons who provide users with the opportunity to use the internet environment in a certain place and for a certain period of time. For example, if a café allows its customers to use its wi-fi, a hotel, a restaurant, a school, etc., all owners of these places are characterised as ‘collective use providers’. Real or legal persons who provide internet collective use services for a certain fee in internet lounges, internet cafes or similar places open to the public are qualified as ‘internet collective use providers for commercial purposes’. Regardless of whether it is for commercial purposes or not, all internet collective use providers are obliged to take the necessary measures within the scope of blocking access to content that constitutes an offence and keeping access records regarding the use, protecting the family and children, preventing crime and identifying criminals.
IP Address (IP number) is the number given to the user when the user connects to the internet via home, workplace or mobile phone. IP address is a kind of identity given to each computer connected to the internet separately by the system. Since IP addresses are limited, internet service providers (access providers, for example TTNET) give a separate IP address to the user connecting to the internet each time, and when the user’s internet connection is disconnected, the same IP address is given to another user connecting to the internet.
Domain Name; all pages on the internet are published depending on a domain name. For example, ‘https://barandogan.av.tr’ is a domain name and there are hundreds of web pages with separate content connected to this domain name.
URL (Universal Resource Locator); is the open address that internet users see in the address bar while browsing the internet. We mentioned above that the site ‘https://barandogan.av.tr’ is a domain name, and the URL is the specific address of any of the pages connected to this domain name. For example, a URL address is as follows: https://www.gunesgunes.com/
Association of Access Providers (ESB): The Association of Access Providers was established to ensure the implementation of access blocking decisions outside the scope of Article 8 of Law No. 5651 regulating the commission of offences. The Association is a private legal entity (Article 6/A of Law No. 5651). Access blocking decisions are sent to the Association for implementation. The notification made to the Association is deemed to have been made to the access provider (turkcell, ttnet, etc.) itself. Website of the Association: Access Providers Association
Information and Communication Technologies Presidency (BTK): It is a public institution with public legal personality, administrative and financial autonomy and a special budget. BTK is a specially authorised institution that can directly issue a decision to block access without the need for a court decision, especially in cases of crimes committed over the internet, violations of the right to privacy and in cases where there are inconveniences in delay. BTK’s web page: Presidency of Information and Communication Technologies
Conditions for Removing Content (Video, Photo, News, Comment etc.) from the Internet and Blocking Access
The conditions for the removal of content such as pictures, videos, news, comments, etc. published on the Internet are regulated in Articles 8 and 9 of Law No. 5651. It is possible to remove the content published on the Internet or to block access to the relevant section (URL) of the website containing the content in the following cases:
- Removal of content or blocking access due to violation of personal rights,
- Removal of content or blocking access due to the commission of an offence,
- Removal of content or blocking of access due to violation of the right to privacy,
- Removal of content or suspension of access service due to violation of the Law No. 5846 on Intellectual and Artistic Works,
- Removal of content or blocking of access due to the exercise of the right to be forgotten on the Internet,
- Removal of content or blocking access due to public interest and order.
It should be especially noted that; people who are aggrieved by the broadcasts made over the internet have the right to apply to the content and hosting provider and request the removal of the content.
What is BTK Access Block? How to Remove it?
BTK access block is a regulation and control mechanism implemented by the Information and Communication Technologies Authority (BTK). Within the scope of internet regulations in Turkey, it involves limiting access to certain content, websites or digital platforms. This process can be implemented in line with laws or court decisions for various reasons and aims to prevent internet users from accessing certain content. In order to understand its functioning and legal infrastructure in more detail, it will be useful to examine the main reasons for access barriers, the methods of implementation and the powers of the ICTA:
1. Legal Basis
The authority of the ICTA to block access is regulated by various laws in Turkey. In particular, Law No. 5651 on the Regulation of Publications on the Internet and Combating Crimes Committed through These Publications provides the basic legal regulation in this regard. This law grants certain powers to the ICTA in order to monitor and prevent offences committed on the internet. In particular, the following situations may lead to access blocking:
Public order and national security: Content that threatens public security and jeopardises the unity of the state.
Violation of personal rights: In case of publishing content that damages personal rights such as defamation and slander.
Violation of privacy of private life: Publishing information about the private life of individuals without their consent.
Obscenity and violation of moral rules: Sharing content contrary to the general morality of the society.
Copyright violations: Unauthorised use or dissemination of intellectual and artistic works.
Illegal activities: Promotion of illegal activities such as gambling, terrorist organisation propaganda, drug trafficking.
2. Access Blocking Process
The access blocking process takes place in several stages:
Notice and complaint: The initiation of an access block usually starts with a complaint or denunciation. The complaint can be made by the victims or authorities directly to the ICTA or to the relevant court.
Court decision: An access block is usually imposed by court order. The court may issue an access blocking order in relation to content that is found to be illegal. When this decision is communicated to the ICTA, the ICTA instructs the relevant internet service providers (ISPs) and the content is blocked.
Direct intervention of the ICTA: In case of emergencies (e.g., content that threatens national security, child abuse, etc.), the ICTA may impose a temporary access block without a court decision. In such a case, the ICTA submits its request regarding the content to the court and must obtain a court decision within 24 hours.
3. Technical Practices
Access blocking can technically be done in several different ways:
DNS-based blocking: Users are prevented from accessing a blocked site through DNS servers. However, this type of blocking can be overcome by changing the DNS settings.
IP blocking: IP-based blocking can be applied as a more effective method. In this case, IP addresses directly connected to the site are blocked.
URL-based blocking: Access is blocked through the URL of a specific web page. This is used to target only specific content without blocking access to a site completely.
Deep packet inspection (DPI): This technique provides a more detailed analysis of internet traffic and can block specific content or sites more effectively. However, such technologies are generally more complex and costly.
4. Appeal and Removal Process
Content providers or internet users who are subject to an access ban may appeal against these decisions by applying to the court. If the court decides that there is no violation of rights, the access block is lifted. In addition, temporary blocking by the ICTA can be lifted by a court decision.
5. Social Media and International Platforms
In recent years, access restrictions on social media platforms have attracted attention. Since social media platforms account for a large portion of users in Turkey, the posts made on these platforms are closely monitored. The 2020 social media law (Regulation on Social Network Providers on the Internet) made it mandatory for social media platforms with over one million daily users to open a representative office in Turkey. This regulation enables the ICTA to intervene more quickly and effectively against social media companies. These platforms may face fines if they do not comply with the law, or their bandwidth may be reduced by 90% if certain content is not removed.
6. Social and Economic Impacts of Blocking Access
Access blocking is not only a legal issue, but also an issue with economic and social consequences. For example, blocking commercial websites or social media platforms can harm the digital economy by cutting off users’ access to these platforms. Access blocking has also been a subject of debate in terms of freedom of the press and freedom of expression.
In conclusion, the BTK access block is an important mechanism used to regulate and control the digital space in Turkey. Based on legal regulations, it is used to protect public order and eliminate criminal elements, but its implementation can sometimes conflict with rights such as freedom of expression.
Why us?
The processes of removing content from the internet or blocking access are among the transactions that contain legal complexities and can have serious consequences. Identifying unlawful content, making the necessary applications, following the court decisions and duly executing access blocking requests require expertise and detailed knowledge. Incorrect or incomplete steps may lead to prolonged processes or loss of rights.
Therefore, having the support of a professional lawyer plays a critical role in such legal proceedings. A lawyer secures your legal rights at every stage, from making the necessary applications within the framework of Law No. 5651 to the follow-up of the process before the Information and Communication Technologies and Communications Authority (ICTA) or the court. In addition, technical and procedural procedures such as determining the victimisation, collecting evidence correctly and making correspondence with content providers and hosting providers on digital platforms can also be carried out effectively through a lawyer. Especially in cases such as violation of personal rights, violation of privacy or protection of copyrights, timely intervention is of vital importance.
As Güneş & Güneş Law Office, we are at your side with our 25 years of experience and services in 4 languages to solve the legal problems you face in the digital world. We offer effective and strategic solutions to our clients in access blocking, internet rights and all legal processes in the digital field. Whether you need professional support in protecting your individual rights or securing the digital assets of your business, we are ready to help you in the best way possible.
