Turkish Grand National Assembly Warning: You Are Viewing Act, The Parliamentary General Assembly Has Already Adopted. If It Does Not Include The Changes Made Later. Arrangement Of Publication Held On Internet

Original Language Title: TÜRKİYE BÜYÜK MİLLET MECLİSİ Uyarı: Görüntülemekte olduğunuz Kanun, TBMM Genel Kurulunda kabul edildiği halidir. Varsa daha sonra yapılan değişiklikleri içermemektedir. İN­TER­NET OR­TAMIN­DA YA­PI­LAN YAYIN­LA­RIN DÜ­ZEN­LEN­ME­Sİ

Read the untranslated law here: https://www.tbmm.gov.tr/kanunlar/k5651.html

Law No. 5651

Acceptance Date: 04/05/2007

Purpose and scope Article 1 (1) the purpose and scope of this Act; content provider, location providers, access providers and public use with content providers' obligations and responsibilities with specific crimes on the internet, is to regulate the principles and procedures relating to the fight over the location and access providers.

Definitions Article 2 (1) of the implementation of this Act;
A) Ministry: Ministry of Transport,
b) The Presidency in the institution within the Telecommunications Department,
c) The President: The President of Telecommunications,
d) Information: Data means winning format,
d) access: an internet user the ability acquired to connect to,
e) access provider: all kinds of providing access to users on the internet natural or legal persons,
f) Content provider: any kind of information or offered to users through the Internet environment producing data that changes and natural or legal person providing,
g) Internet environment: Communication with personal or corporate computer outside the system and the environment created on the internet, which is open to the public,
i) publications on the Internet: in the Internet environment data within the reach of people in indefinite number of areas and content
h) Monitoring: without affecting the data in the Internet environment, information and the monitoring of data,
i) Authority: Telecommunications Authority,
i) public use provider: a certain place in the people and at a certain time on the internet environment that enables use
j) Traffic information: the parties regarding any kind of access to that carried out in the Internet environment, time, duration, type of utilized service, value, such as the amount of data transferred and ports
k) data: all values ​​which made the process on by the computer,
s) Published: made in internet broadcasting,
m) Location provider: Service and content that provide hosting systems or operate natural or legal persons, refers
.
Disclosure obligation
Article 3 (1) content, location and access providers, regulation of the principles and procedures within the framework of identifying information in a way that is accessible to users in their own internet and are obliged to keep up to date.
(2) content to fulfill the obligations specified in the preceding paragraph, where ten thousand or two thousand New Turkish Lira to the New Turkish Lira as an administrative fine by the President of the access provider. The responsibility of the content provider

Article 4 (1) The content provider is responsible for any content offered on the Internet.
(2) The content provider is not responsible for content provided by someone else's connection. However, the presentation format adopted by the connection that provides the content and the end user's access to the content in question is responsible is clearly based on certain general provisions.
Location
provider obligations of Article 5 (1) Location provider, to investigate whether or not the place to control the content provided by such an illegal activity is not required.

(2) Location provider from illegal content provided by location, without prejudice to the provisions on criminal liability, the law of the 8th and if it is notified in accordance with Article 9 and which allows the technical extent of illegal content are obliged to take down. Access provider

obligations of Article 6 (1) Access provider;
A) of illegal content published by any user, if it is notified in accordance with the provisions of this Act and hampering extent access is technically prevent the possibility is found,
b) related to the services provided, the traffic information specified in the regulation six months minimum and two years Keeping up period to be specified in the regulation, not more, and this information is true, to ensure the integrity and confidentiality,
c) at least three months before the date on which an end to the activity status of the Authority, content providers and registration regulations in the principles and procedures in relation to the report and traffic information to customers to submit to the Agency in accordance are responsible
.
(2) Access provider, they are not the content of the information accessed through itself is unlawful and responsibility is not obliged to check whether they require.
(3) of paragraph (b) and (c) Line-chaired by one of the obligations contained in paragraphs to fulfill the access provider fifty thousand of New Turkish Lira to the New Turkish Lira administrative monetary penalty.

Provider obligations of public use Article 7 (1) Commercial usage purpose public providers are obliged to obtain permit from the local civilian authority. information notified to the Authority for authorization by the local administrative authority within thirty days. These checks are done by the local administrative chiefs. granting of permits and the principles and procedures relating to inspection, by a regulation.
(2) regardless of whether it is intended for all public use of commercial providers, access to the content creator is obliged to take measures to prevent the crime.
(3) in the first paragraph by people who act contrary to the obligations of local administrative official from three thousand to fifteen thousand New Turkish Lira to the New Turkish Lira as an administrative fine.
Access blocking decisions and fulfillment
Article 8 (1) In the Internet environment and content is decided to block access on posts with reason enough doubt as to create the following charges:
a) 26/9/2004 dated and 5237 in the Turkish Penal Code;
1) guidance to suicide (Article 84)
2) child sexual abuse (Article 103, first paragraph)
3) facilitate the use of narcotic or psychotropic substances (Article 190)
4) Health providing for hazardous substances (Article 194),
5) Obscenity (Article 226)
6) Prostitution (Article 227)
7) place and provide opportunities for gambling (Article 228) || | crimes.
B) dated 25.07.1951 and numbered 5816 on Crimes against Atatürk offenses in the Act.

(2) Access to block the decision of the judge during the investigation phase, while the prosecution is given by the court. During the investigation phase, where a drawback of the Republic may decide to block access by the public prosecutor. In this case, the decision of the prosecutor of the Republic presents to the approval of a judge within twenty-four hours, and the judge will give his decision within twenty-four hours. measures in case of approval of the decision within this period, the Republic will be removed immediately by the prosecutor. As the decision to block access to protective measures dated 4.12.2004 and 5271 may be appealed according to Law.
(3) The judge, a copy of the decision to block access granted by the court or the public prosecutor, to be submitted should be sent to the Presidency.
(4) Content of publications constituting the offenses referred to in the first paragraph if the presence abroad of the content or the providers or even if the content or the providers within the country, the contents of paragraph (a) of paragraph (2) and (5) the number was lower on publications constituting the offenses in subparagraphs as blocking access decision is made by the ex-officio Chairman. This decision prompted the fulfillment of the access provider should be notified.
(5) required by the Access to block the decision, be informed of the decision immediately and at the latest within twenty four hours from the moment of fulfillment.
(6) to block access to publications issued by the Presidency of which forms the subject of the decision to determine the identity, by the Presidency of the Republic is made in the prosecutor's office filed a criminal complaint.
(7) the results of the investigation in the case of a decision not to prosecute, the decision to prevent access automatically void remains. In this case the prosecutor sends a copy to the Presidency of the decision not to prosecute.
(8) In case of acquittal in the investigation phase, blocking access decision will remain automatically void. In this case, an example of a court acquitted sent to the Presidency.
(9) Subject of the case the removal of the publication's content constituting the crimes mentioned in the first paragraph; blocking access decision, the public prosecutor during the investigation phase, it is removed by the court during the prosecution phase.
(10) to block access given to the protection measures that do not fulfill the requirements of the decision location or liable for the access provider, acts that require a more severe penalty if the creation of another crime, six months shall be punished with imprisonment up to two years.
(11) Failure to fulfill the decision of the administrative measures as blocking access granted, access to the provider by the Presidency, of the eleven hundred thousand New Turkish Lira to the New Turkish Lira as an administrative fine. From the moment of administrative fines in case of non-fulfillment of the decision within twenty-four hours by the Authority may decide to cancel the authorization at the request of the Presidency.

(12) due to the misdemeanors defined in this Act against decisions relating to administrative fines imposed by the Department or Agency, dated 06.01.1982 No. 2577 Administrative Procedure Act apply to the way according to the Law. Removing the publication
content and the right of reply
Article 9 (1) The person claiming to be violated rights due to the content, the content provider, contact the hosting providers are unable to reach it answers prepared by the removal of the publication's content for itself and broadcast within the scope of not more than one You can ask to be released on the internet for weeks. Content provider or place within two days from the date of receipt, fulfill the request. During this time, if the demand is not fulfilled deemed rejected.
(2) the request rejected in case of numbers, people referring to the settlement magistrates' court within fifteen days, the answer is prepared to be more than covered by the removal of the publication's content and publication for a week and may ask that the decision be published on the internet. Criminal judge will decide on that request a hearing within three days. against the decision of the judge can be the objection according to the Criminal Procedure Code.
(3) of the final decision of the judge, after the receipt of the content or the providers to fulfill the applications made pursuant to paragraph begins with the publication of the reply prepared by subtracting the content broadcast within two days.
(4) The criminal judges to fulfill the decision of the responsible persons in accordance with the conditions and time specified in this Article, shall be punished with imprisonment from six months to two years. In case of legal persons or where the content provider is responsible for broadcasting the provisions of this paragraph applies.

Administrative structure and tasks Article 10 (1), the tasks assigned by law, which shall be fulfilled by the Presidency within the institution.
(2) cadres have been created in the list attached to this law, which are used to service the Presidency and the 2813 Law on the attached order dated 04.05.1983 (II) is added to the numbered list. communication specialists in the Presidency, applied to financial experts working in the Telecommunications Authority will apply the provisions relating to social rights and benefits. Communications Specialist prejudice the rights of personnel assigned to the Presidency, the career system, from the date of entry into force of the Law of the regulation to be issued within six months.
(3) all kinds to be made regarding the duties assigned by law to the Presidency purchases of goods or services, except prohibition from tenders and punishment works, dated 01/05/2002 and numbered 4735 and dated 4/1/2002 Public with Public Procurement Law 4734 Procurement Contracts, without subject to the provisions of the Authority's budget is met.
(4) Without prejudice to the other powers and duties assigned by law, duties and powers under this Act the Committee are as follows:

A) Ministry, law enforcement, content with relevant government agencies and organizations, places and access providers and conducted on the internet by creating coordination between relevant civil society organizations and activities with content constituting offenses within the scope of this law and publications to make efforts to prevent, for this purpose, if necessary, all expenses will be determined by a regulation principles and procedures established within the Agency to create works to be met.
B) by monitoring the content of publications on the Internet, if it is determined that the crimes falling within the scope of this Act, in order to prevent access to these publications take the necessary measures provided for in this Act.
C) What level of monitoring of the content of publications on the Internet, to determine when and how to do it.
D) The chiefs of the civil administration empowered the operators by the Authority and the licenses will be given to commercial providers for public use will be used in filtering and blocking to determine the principles and procedures for the systems and arrangements to be made.
D) by monitoring broadcasts in the Internet environment, including monitoring and information call center to prevent the perpetration of the crimes listed in the first paragraph of Article 8 of this Act, to establish the technical infrastructure of all necessary or others set to, operate or operated to ensure this infrastructure.
E) filtering to be done in a variety of public services on the Internet, producing screening and monitoring to hardware or software to determine the minimum essential criteria for making.
F) information and ensure cooperation and coordination with international organizations and institutions in the field of internet.
G) of Article 8 of the Law of the crimes listed in the first paragraph, the image represents all kinds of subject areas to be processed in the Internet environment, introduction of products containing text or sound, the introduction of the country, keeping, ensure the prevention of issuance or sale of the lease authorized and investigation officer of law enforcement authority to, to help out any necessary within the technical possibilities and coordination.
(5) The Presidency; In accordance with the Organization and the additional Article 1 of the Law on the Duties of the 3348 Ministry of Transport of the Ministry, Ministry of Justice, Ministry of Interior, children, women and the family in charge of the Ministry of State Institutions and needed other ministries, public institutions and organizations, Internet service providers and related civil society will be formed by the participation of a representative to be selected among organizations provide the necessary cooperation and coordination with the Board of Internet; this Assembly monitoring, filtering and blocking the detection of broadcast content will be made and will be having similar issues take all necessary measures or decisions regarding proposals.

Regulations ARTICLE 11 (1) principles and procedures for the implementation of this Law, Justice, in consultation with the Ministry of Interior and Transport ministries in the regulations to be issued by the Prime Minister. The guidelines from the date of entry into force of the Law issued within four months.

(2) Location or access provider to persons wishing to pursue activities, regardless of whether the authorization certificate for communication via telecommunications, essential for granting authorization document in order to pursue activities as location or access provider and procedures, a regulation to be issued by the Authority. This regulation comes into force from the date of the Act issued within five months. Changes made in the relevant laws

Article 12 (1) and No. 406 dated 02.04.1924 Telegraph and Telephone Law Article 2 (f) the following sentence is added to me.
"This is against the decision of the administrative fines, the Administrative Procedural Law No. 2577, dated 01.06.1982 apply to the legal remedies according to the Law."
(2) 07.04.1934 dated and in the first sentence of the tenth paragraph of additional Article 7 of Law No. 2559 on Police Duty and Authority Law "referred" to come after the phrase "for communication via telecommunications" will be added to the second sentence "created this Presidency It consists of departments with a president. "in the present.
(3) dated 04.05.1983 and 2813 were added the following paragraph to Article 5 of the Law.
"Within the framework of principles and procedures to be determined by the Board, dated 4/1/2002 and 4734 independent lawyer or lawyer with advocacy partnership agreement specified in Article 22 of the Public Procurement Law by direct procurement procedure may be concluded."
(4) 1/11 / 1983 and numbered 2937 State Intelligence Services and the last sentence of the second paragraph of the National Intelligence Organization Law Article 6 "4.12.2004 dated 5271 of the Law of the sixth paragraph of Article 135 may (a) of paragraph (14) to be made under sub-item of listening is done through these centers. "as amended; Located on the fourth paragraph "However," to come after the phrase "the detection of espionage and" will be added; In the third sentence of the sixth paragraph "of this Article" to "this paragraph" as amended.
Provisional Article 1 (1) the construction of the building of the Presidency of the organization, except for prohibition from tenders and punishment works, without subject to the provisions of the Public Procurement Law and Public Procurement Contracts are covered by the institution's budget.
(2) Currently, enforcement activities by public use for commercial providers, this law enters into force from the date of obtaining the necessary permits within six months, according to Article 7 are obliged to provide the documents.
(3) present location or access provider in activity to those who exercised, by the Authority, regardless of whether the authorization certificate for communication via telecommunications, to perform operations as a place or access provider in order issued an authorization.

Enforcement Article 13 (1) of this Act;
A) of Article 3 and Article 8, six months after the date of publication,
b) the date of publication other items, will enter into force
.

Execution ARTICLE 14- (1) This Law shall be enforced by the Council of Ministers.















LIST

AGENCY: TELECOMMUNICATIONS AUTHORITY
ORGANIZATION: CENTRAL


Established in THE STAFF
CLASS
TITLE
NUMBER OF STAFF




1st degree


GPP
Head of
1
GPP
Counsel
1
GPP
Communications Specialist
5
THE
Communications Specialist
5

3rd degree

GPP
Communications Specialist
10
THE
Communications Specialist
10

5.DERE by

GPP
Communications Specialist
8
AH
lawyer
3
THE
Communications Specialist
8
GPP
Interpretation
1
THE
Technician
2
GPP
Secretary
2

6.DERE by

GPP
experts
15
THE
experts
5
AH
lawyer
2
GPP
Interpretation
2
GPP
Computer Operator
10
THE
technicians
2
GPP
Secretary
1

TOTAL
93