Issuing a blocking order that banned access to www.youtube.com with regards to 66 video clips involving defamatory statements about Ataturk, the Turkish Army, the Prime Minister and the President of Turkey.
Issuing blocking order in connection with two YouTube video clips involving a suspect who was under custody for interrogation. It was alleged that the clips had been broadcasted by other media institutions and their availability on YouTube were prejudicial to the Public Prosecutor’s case and were in breach of article 157 (Confidentiality of interrogation) of the Turkish Criminal Procedure Law, and Regulation on Arrest, Custody and Questioning. The Court, however, did not discuss whether there was legal basis to restrict freedom of expression.
(1) The Law No. 5651 aims to combat certain online crimes and regulates procedures regarding such crimes committed on the Internet through content, hosting, and access providers. It also defines the administrative regulations and powers of the Presidency of Telecommunications and Communication (TIB), which has been empowerd to issue blocking orders. (2) The Law regulates the liability of Internet intermediaries, including Content, Access, Hosting service providers and “Mass use” providers, i.e. “Internet cafes,” in Articles 4,5,6 and 7 for the first time in Turkey. On 24 October, 2007 the government published the Regulations governing the access and hosting providers which includes the principles and procedures for assigning activity certificates to those providers. An amended version of these Regulations was published...
Issuing a blocking order releted to the display of acts of violence and terrorism. The blocking order involved 67 videos depicting terrorist propaganda and attacks by PKK, and the order triggered URL based access ban to YouTube pages as such actions are criminalized under articles 6 and 7 of the Turkish Anti-Terror Law No. 3713.1
Ordering the blocking of access to the whole of www.youtube.com because of a single video involving defamatory statements about Ataturk and scenes disparaging the Turkish Flag. Those conducts are considered illegal under Law No. 5816 of 1951, and against article 300 of the Turkish Criminal Code. YouTube removed the illegal video clip from its servers, and the initial access ban which was ordered on March 6, 2007 was lifted 3 days later.