Cengiz and Others v. Turkey

Document type
Court Decision

A Turkish criminal court ordered that national ISPs block access to YouTube, because of videos critical of Ataturk. Applicants, all university academics and regular YouTube users, claimed that the block affected their right to receive and impart information and ideas under Article 10 of the European Convention on Human Rights.

The court noted that YouTube enabled the broad exchange of information, including on political and social matters, and supported citizen journalism. It also found that there was no provision in the law allowing the domestic courts to impose a blanket blocking order on access to the Internet or to hosting services on account of specific content. It concluded in applicants' favor.

Year
2015
Topic, claim, or defense
Public Order (Includes National Security)
Freedom of Expression
Jurisdiction
Document type
Court Decision
Issuing entity
Transnational Court
Type of service provider
Web Host (Technical Hosting)
Internet Access Provider (Including Mobile)
Issues addressed
Trigger for OSP obligations
OSP obligation considered
Block or Remove
Type of law
Criminal
General effect on immunity
Strengthens Immunity
General intermediary liability model
Takedown/Act Upon Court Order