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ARTICLE · 17 OCTOBER 2024

Constitutional Court's Decision Reshapes The Internet Law

Esin Attorney Partnership
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On October 10, 2024, the Constitutional Court's decision numbered 2020/76 and dated October 11, 2023 ("Decision"), which partially annulled Article 8(4) and (11) and wholly annulled Article 9...

TurkeyMedia, Telecoms, IT, Entertainment
Can Sozer
Can Sozer
Yigit Acar
Yigit Acar
Ecenur Etiler
Ecenur Etiler
Başak Dadaş
Başak Dadaş
Beril Kosegil
Beril Kosegil
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Recent Development

On October 10, 2024, the Constitutional Court's decision numbered 2020/76 and dated October 11, 2023 ("Decision"), which partially annulled Article 8(4) and (11) and wholly annulled Article 9 of the Law on the Regulation of Internet Publications and Prevention of Crimes Committed through these Publications No. 5651 ("Internet Law"), became effective.

In the Decision, the Constitutional Court emphasized that these provisions do not provide a gradual intervention method for the restriction of content. Accordingly, (i) Article 9, which regulates the access blocking/content removal regime for personal rights violations, and (ii) certain sections of Articles 8(4) and 8(11), which regulates the Information Technologies and Communication Authority's ("ITCA") authority to issue "content removal" decisions and impose fines for non-compliance, are removed.

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