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Court Decision

Criminal Court of Peace, Recep Konuk Corruption Case, 2010

A 2010 decision of the Turkish criminal court of peace provides an important precedent in regards to how Turkish courts should interpret and apply the provisions of Law No. 5651 to search term suggestions. The court held that Google cannot be held responsible for search-term suggestions appearing on its search engine when the search term “recep konuk corruption” and “recep konuk’s corruptions” appear. The court reasoned that what is being requested for removal is the search term suggestions and not content as understood by Law No. 5651. The court premised its reasoning as follows: “The removal of content which is reached through these search results can be requested from the content provider in accordance with the Law No. 5651 { . . . . The obligations of the access providers are within the context of Article 6 and the...
Legislation

Law No. 5809, November 5, 2008, Electronic Communications Law (English Version)

(1) An amendment to article 8 of Law No. 5651 (see below) was made through the Electronic Communication Law as follows: “ADDITIONAL ARTICLE 1- (7) The following paragraph “The Presidency of Telecommunications and Communication may object to the judicial decisions which are sent thereto for the execution of procedures, as per provisions of Code of Criminal Procedure no. 5271 dated 4/12/2004” has been annexed to Article 8 of Law no. 5651 as paragraph thirteen and to the mentioned Law. (2) Article 12 (5) of the Electronic Communication Law regulates rights and obligations of the operators by stating "the operators are obliged to build the technical infrastructure to provide electronic communications services by meeting the relevant obligations related to national security and the regulations of Laws No. 5397, No. 5651 and...
Court Decision

First Criminal Court of Peace of Diyarbakır, Digiturk

The Court lifted its blocking order (ban to the two domains and their IP addresses) with regards to Blogger.com and Blogspot. Digiturk, a subscription based digital TV platform in Turkey which owns the right to transmit the live coverage of the Turkish football league games. Access blocking is allowed under supplemental article 4 of the Law No. 5846 on Intellectual & Artistic Works.