Advertisement Board's Power To Block Access Was Annulled

The Turkish Constitutional Court ("Court") annulled paragraph 12 of Article 77 of the Consumer Protection Law, which granted the Advertisement Board the power to partially or entirely block access to websites containing unlawful advertising content. The relevant rule was considered to be unconstitutional pursuant to the Court's decision dated 13 September 2023 and numbered 2022/70 E. - 2023/152 K.

In its decision, the Court ruled that the scrutinized legal rules do not meet the necessity principle, which is the sub-principle of the proportionality principle that is one of the elements required to be satisfied under the Constitution for a limitation of right to be constitutionally compliant. Hence, the Court found that the subject rules are contrary to Articles 13, 26 and 48 of the Constitution.