Esin Digidiary Quarterly – 6th Issue

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Constitutional Court Annulled the Provisions of the Internet Law

The Constitutional Court, with its decision numbered 2020/76 ("Constitutional Court Decision") published in the Official Gazette on January 10, 2024, partially annulled Article 8 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"), which will enter into force on November 10, 2024.

The Constitutional Court stated that although the availability of removing the content provided under Article 8(4) and (11) of the Internet Law is regulated as an administrative measure, it is applied as a final measure that is detached from the criminal proceedings and based on a criminal offence determination to be made by the head of the Information and Communication Technologies and Communication Authority ("ICTA"). In this regard, according to the Constitutional Court Decision, issuing a