Law on the Regulation of Publications on the Internet and Combating Offences Committed by Means of Such Publications

(1) The purpose and scope of this Law is to regulate the obligations and responsibilities of content providers, hosting providers, access providers and mass use providers, and the principles and procedures for combating certain offences committed on the internet through content, hosting and access providers.

(1) For the purposes of this Law;

a) Repealed: 24/7/2026, Law No. 7590, Art. 27

b) Repealed: 15/8/2016, Decree-Law No. 671, Art. 20; adopted without change: 9/11/2016, Law No. 6757, Art. 17

c) Amended: 15/8/2016, Decree-Law No. 671, Art. 20; adopted without change: 9/11/2016, Law No. 6757, Art. 17 President: the President of Cyber Security,

ç) Information: the form of data that has acquired meaning,

d) Access: obtaining the possibility of use by connecting to an internet environment,

e) Access provider: any natural or legal person providing its users with the possibility of access to the internet environment,

f) Content provider: natural or legal persons who produce, modify and provide any kind of information or data offered to users via the internet environment,

g) Internet environment: the environment created on the internet that is open to the public, other than communication and personal or corporate computer systems,

ğ) Publication made on the internet environment: data located in the internet environment whose content may be reached by an indefinite number of persons,

h) Monitoring: following information and data without affecting the data in the internet environment,

ı) Amended: 15/8/2016, Decree-Law No. 671, Art. 20; adopted without change: 9/11/2016, Law No. 6757, Art. 17 Authority: the Information and Communication Technologies Authority,

i) Mass use provider: a person who provides persons with the possibility of using the internet environment at a certain place and for a certain period,

j) Amended: 26/2/2014, Law No. 6527, Art. 15 Traffic information: the IP address relating to the parties, source and destination port information, the start and end time of the service provided, the type of service used, the amount of data transferred and, if any, subscriber identity information,

k) Data: any value that can be processed by a computer,

l) Publication: publication made on the internet environment,

m) Hosting provider: natural or legal persons who provide or operate systems hosting services and content,

n) Added: 6/2/2014, Law No. 6518, Art. 85 Association: the Association of Access Providers,

o) Added: 6/2/2014, Law No. 6518, Art. 85 Blocking of access: blocking access by using methods such as blocking access to the domain name, blocking access to the IP address, blocking access to the content (URL) and similar methods,

ö) Added: 6/2/2014, Law No. 6518, Art. 85 Removal of content from publication: removal of the content from the servers or from the hosted content by content or hosting providers,

p) Added: 6/2/2014, Law No. 6518, Art. 85 URL address: the full internet address at which the relevant content is located on the internet,

r) Added: 6/2/2014, Law No. 6518, Art. 85 Notice method: the method of notification to be carried out via contact addresses, first to the content provider and, where no result is obtained within a reasonable time, to the hosting provider, by persons claiming that their rights have been infringed due to the content of a publication made on the internet environment, for the purpose of removal of the content from publication,

s) Added: 29/7/2020, Law No. 7253, Art. 1 Social network provider: natural or legal persons enabling users to create, view or share content such as text, images, sound and location on the internet environment for the purpose of social interaction,

ş) Added: 22/4/2026, Law No. 7578, Art. 21 Game: digital games distributed or updated via the internet that can be played online or offline in the electronic environment,

t) Added: 22/4/2026, Law No. 7578, Art. 21 Game distributor: natural or legal persons who, for the purpose of delivering digital games produced or published by the content provider to the end user, manage relations with sales channels, coordinate the generation and management of licence keys, use digital rights management systems and provide financial or technical intermediation services in this process,

u) Added: 22/4/2026, Law No. 7578, Art. 21 Game developer: natural or legal persons who design a digital game or game content, develop their software or manage the development process,

ü) Added: 22/4/2026, Law No. 7578, Art. 21 Game platform: natural or legal persons who offer a software or technical infrastructure for the display, sale, distribution, downloading or playing over the internet of digital games and additional content related to them, and who provide or coordinate users' access to games or content, licence management or interaction between users,

v) Added: 24/7/2026, Law No. 7590, Art. 27 Presidency: the Presidency of Cyber Security,

shall mean.

(1) Content, hosting and access providers are obliged to keep their identifying information, within the framework of the principles and procedures determined by regulation, up to date and accessible to users on their own internet environment.

(2) A content, hosting or access provider that fails to fulfil the obligation set out in the preceding paragraph shall be subject to an administrative fine of from two thousand Turkish liras to fifty thousand Turkish liras imposed by the President.

(3) Added: 6/2/2014, Law No. 6518, Art. 86 Persons conducting activities within the scope of this Law from within the country or from abroad may be notified by electronic mail or other means of communication, using the information obtained through the means of communication on their web pages, domain name, IP address and similar sources.

(4) Added: 26/2/2014, Law No. 6527, Art. 16; Amended: 10/9/2014, Law No. 6552, Art. 126; Annulled by Constitutional Court decision of 2/10/2014, E. 2014/149, K. 2014/151

(5) Added: 29/7/2020, Law No. 7253, Art. 2 Where the addressee is located abroad, administrative fines imposed within the scope of this Law may also be notified directly to the addressee by the Presidency in accordance with the procedure in the third paragraph. This notification shall have the effect of service made under the Law on Service of Documents (Tebligat Kanunu) No. 7201 dated 11/2/1959. Service shall be deemed to have been made at the end of the fifth day following the date on which this notification is made.

(1) The content provider is responsible for any content it makes available for use on the internet environment.

(2) The content provider is not responsible for content belonging to others to which it provides a link. However, if it is clearly evident from the manner of presentation that it has adopted the content to which it provides a link and that it intends the user to reach that content, it shall be responsible in accordance with the general provisions.

(3) Added: 6/2/2014, Law No. 6518, Art. 87 Annulled by Constitutional Court decision of 8/12/2015, E. 2014/87, K. 2015/112

(1) The hosting provider is not obliged to check the content it hosts or to investigate whether there is any unlawful activity.

(2) Amended: 6/2/2014, Law No. 6518, Art. 88 The hosting provider is obliged to remove from publication unlawful content it hosts upon being notified in accordance with Articles 8 and 9 of this Law.

(3) Added: 6/2/2014, Law No. 6518, Art. 88 The hosting provider is obliged to retain the traffic information relating to the services it provides for the period to be determined by regulation, being not less than one year and not more than two years, and to ensure the accuracy, integrity and confidentiality of such information.

(4) Added: 6/2/2014, Law No. 6518, Art. 88 Hosting providers may be classified according to the nature of their activities and differentiated in terms of their rights and obligations, within the framework of the procedures and principles to be determined by regulation.

(5) Added: 6/2/2014, Law No. 6518, Art. 88 Annulled by Constitutional Court decision of 8/12/2015, E. 2014/87, K. 2015/112

(6) Added: 6/2/2014, Law No. 6518, Art. 88 A hosting provider that fails to make the hosting provider notification or fails to fulfil its obligations under this Law shall be subject to an administrative fine of from one hundred thousand Turkish liras to one million Turkish liras imposed by the President.

(1) The access provider:

a) To block access (…) to unlawful content published by any of its users upon being notified thereof in accordance with the provisions of this Law,

b) To retain the traffic information specified in the regulation relating to the services it provides for the period to be determined by regulation, being not less than six months and not more than two years, and to ensure the accuracy, integrity and confidentiality of such information,

c) To notify the Presidency, its content providers and its customers of the situation at least three months before the date on which it will cease its activities, and to deliver the records relating to traffic information to the Presidency in accordance with the principles and procedures specified in the regulation,

ç) Added: 6/2/2014, Law No. 6518, Art. 89 To take measures preventing alternative means of access in respect of publications for which a decision to block access has been given,

d) Added: 6/2/2014, Law No. 6518, Art. 89 Annulled by Constitutional Court decision of 8/12/2015, E. 2014/87, K. 2015/112

is obliged to fulfil the foregoing.

(2) The access provider is not obliged to check whether the content of the information accessed through it is unlawful and whether it gives rise to liability.

(3) An access provider that fails to fulfil any of the obligations set out in subparagraphs (b), (c), (ç) (…) of the first paragraph shall be subject to an administrative fine of from ten thousand New Turkish Liras to fifty thousand New Turkish Liras imposed by the President.

Added: 6/2/2014, Law No. 6518, Art. 90

(1) The Association of Access Providers has been established in order to ensure the implementation of decisions on the removal of content and/or blocking of access relating to all content outside the scope of Articles 8 and 8/A of this Law.

(2) The Association has legal personality under private law. The headquarters of the Association is Ankara.

(3) The working procedures and principles of the Association and the fields of activity of the Association, including matters of conscious and safe use of the internet, shall be determined by the Statute to be approved by the Presidency. Amendments to the Statute are also subject to the approval of the Presidency.

(4) The Association shall commence its activities following the examination and approval of its Statute by the Presidency.16

(5) The Association is an organisation formed by the participation of all internet service providers authorised within the scope of the Electronic Communications Law No. 5809 dated 5/11/2008 and other operators providing internet access services, and it ensures coordination.

(6) Decisions to block access shall be implemented by access providers. All hardware and software necessary for the implementation of the decisions shall be provided by the access providers themselves.

(7) Decisions to block access shall be sent to the Association for execution. Service made to the Association in this context shall be deemed to have been made to the access providers. Added sentence: 13/10/2022, Law No. 7418, Art. 31 Access providers are obliged to establish the technical infrastructure necessary for the notification of decisions.

(8) The Association may object to decisions sent to it which it considers not to be in conformity with the legislation.

(9) The revenues of the Association consist of fees to be paid by its members, donations and other activity revenues. The fees to be collected from members shall be determined in an amount sufficient to cover the expenses of the Association. The fee to be paid by a member shall be determined in proportion to that member's net sales within the total net sales of all members. The payment periods of members, the time from which newly joining members shall start to pay and other matters relating to payments shall be determined in the Statute of the Association. Fees not paid on time shall be collected by the Association together with statutory interest.

(10) Internet service providers that are not members of the Association may not operate.

(11) Added: 13/10/2022, Law No. 7418, Art. 31 The Association may notify decisions on the removal of content and/or blocking of access to the electronic mail addresses of the relevant content or hosting provider that can be identified from their web pages.

(1) Commercial mass use providers are obliged to obtain a permit certificate from the local civil administrative authority. Information relating to the permit shall be notified to the Presidency by the local civil administrative authority within thirty days. Their supervision shall be carried out by the local civil administrative authorities. The principles and procedures relating to the issuance of the permit certificate and to supervision shall be regulated by regulation.

(2) Amended: 6/2/2014, Law No. 6518, Art. 91 All internet mass use providers, regardless of whether they operate for commercial purposes, are obliged to take the measures determined by regulation concerning the blocking of access to content constituting an offence and the keeping of access records relating to use.

(3) Amended: 6/2/2014, Law No. 6518, Art. 91 Commercial mass use providers are obliged to take the measures whose procedures and principles are determined by regulation within the scope of the protection of the family and children, the prevention of crime and the identification of offenders.

(4) Added: 6/2/2014, Law No. 6518, Art. 91 The local civil administrative authority is authorised to decide, depending on the gravity of the violation and within the framework of the procedures and principles to be determined by regulation, to impose one of the following sanctions on commercial mass use providers that violate the obligations set out in this Article: a warning, an administrative fine of from one thousand Turkish Liras to fifteen thousand Turkish Liras, or suspension of their commercial activities for up to three days.

(1) A decision to remove the content and/or to block access shall be given in respect of publications made on the internet environment where there is sufficient suspicion that their content constitutes the following offences:

a) Under the Turkish Penal Code No. 5237 dated 26/9/2004, the offences of;

1) Inciting suicide (Article 84),

2) Sexual abuse of children (Article 103, paragraph 1),

3) Facilitating the use of narcotic or stimulant substances (Article 190),

4) Supplying substances dangerous to health (Article 194),

5) Obscenity (Article 226),

6) Prostitution (Article 227),

7) Providing a place and facilities for gambling (Article 228),

as set out in that Code.

b) Offences set out in the Law on Offences Committed against Atatürk No. 5816 dated 25/7/1951.

c) Added: 25/3/2020, Law No. 7226, Art. 32 Offences set out in the Law on the Organisation of Betting and Games of Chance in Football and Other Sports Competitions No. 7258 dated 29/4/1959.

ç) Added: 13/10/2022, Law No. 7418, Art. 32 Offences set out in the first and second paragraphs of Article 27 of the Law on State Intelligence Services and the National Intelligence Organisation No. 2937 dated 1/11/1983.

(2) The decision to remove the content and/or to block access shall be given by the judge during the investigation stage and by the court during the prosecution stage. During the investigation stage, in cases where delay would be prejudicial, a decision to remove the content and/or to block access may also be given by the public prosecutor. In this case, the public prosecutor shall submit the decision to the judge for approval within twenty-four hours, and the judge shall give a decision within twenty-four hours at the latest. If the decision is not approved within this period, the measure shall be lifted immediately by the public prosecutor. Added sentence: 6/2/2014, Law No. 6518, Art. 92 The decision to block access may also be given for a limited period of time if this is deemed sufficient to achieve the purpose. An objection may be made, in accordance with the provisions of the Code of Criminal Procedure No. 5271 dated 4/12/2004, against the decision on the removal of content and/or blocking of access given as a protective measure.

(3) A copy of each decision to remove the content and/or to block access given by the judge, court or public prosecutor shall be sent to the Presidency for execution.

(4) In respect of publications whose content constitutes the offences specified in the first paragraph, the decision (…) to block access shall be given ex officio by the President. Amended sentence: 29/7/2020, Law No. 7253, Art. 4 This decision shall be notified to the relevant content and hosting providers and to the access provider, and they shall be requested to execute it.

(5) The decision to remove the content and/or to block access shall be executed immediately and at the latest within four hours from the moment of notification of the decision.

(6) Where the identities of those who made the publication that is the subject of the decision to remove the content and/or to block access given by the President are determined, the President shall file a criminal complaint with the Chief Public Prosecutor's Office.

(7) Where a decision of non-prosecution is given at the end of the investigation, the decision to remove the content and/or to block access shall automatically become void. In this case, the public prosecutor shall send a copy of the decision of non-prosecution to the Presidency, specifying the internet address that is the subject of the decision to remove the content and/or to block access which has become void.

(8) Where a decision of acquittal is given during the prosecution stage, the decision to remove the content and/or to block access shall automatically become void. In this case, a copy of the decision of acquittal shall be sent by the court to the Presidency, specifying the internet address that is the subject of the decision to remove the content and/or to block access which has become void.

(9) Where the content constituting the offences listed in the first paragraph is removed from publication, the decision to block access shall be lifted by the public prosecutor during the investigation stage and by the court during the prosecution stage.

(10) The responsible persons of content, hosting or access providers who fail to execute a decision to remove the content and/or to block access given as a protective measure shall, unless the act constitutes another offence requiring a heavier penalty, be punished with a judicial fine of from five hundred days to three thousand days.

(11) Where a decision to remove the content and/or to block access given as an administrative measure is not executed, an administrative fine of from ten thousand New Turkish Liras to one hundred thousand New Turkish Liras shall be imposed by the President (…). Where the decision is not executed by the access provider within twenty-four hours from the moment the administrative fine is imposed, the Authority (…)25 may, upon the request of the Presidency, decide to revoke the authorisation.

(12) An appeal may be made, in accordance with the provisions of the Administrative Judicial Procedure Law No. 2577 dated 6/1/1982, against decisions concerning administrative fines imposed (…)25 by the Presidency for the misdemeanours defined in this Law.

(13) Added: 5/11/2008, Law No. 5809, Art. 67 The Presidency may object, in accordance with the provisions of the Code of Criminal Procedure No. 5271 dated 4/12/2004, to decisions of judges and courts sent to the Presidency for the conduct of proceedings.

(14) Added: 12/7/2013, Law No. 6495, Art. 47 The institutions and organisations defined in subparagraph (ç) of paragraph 1 of Article 3 of the Law on the Regulation of Taxes, Funds and Shares Levied on Revenues from Games of Chance No. 5602 dated 14/3/2007 may, where they determine that offences falling within their field of duty are committed on the internet environment, take decisions to block access in respect of such publications. Decisions to block access shall be sent to the Presidency for implementation.

(15) Added: 26/2/2014, Law No. 6527, Art. 17 In places where there is more than one criminal court of peace, the judge's decision given during the investigation stage under this Article and the judge's decision given under Articles 9 and 9/A shall be given by the criminal courts of peace designated by the Council of Judges and Prosecutors.

(16) Added: 10/9/2014, Law No. 6552, Art. 127; Annulled by Constitutional Court decision of 2/10/2014, E. 2014/149, K. 2014/151

(17) Added: 17/10/2019, Law No. 7188, Art. 36 Decisions to block access given within the scope of the second, fourth and fourteenth paragraphs of this Article shall be given by the method of blocking access to the content (in the form of URL, etc.) in relation to the publication, part or section in which the violation occurred. However, in cases where blocking of access to the content relating to the violation is technically not possible or the violation cannot be prevented by blocking access to the relevant content, a decision to block access to the entire website may be given.

Added: 27/3/2015, Law No. 6639, Art. 29

(1) On one or more of the grounds of protecting the right to life and the security of life and property of persons, protecting national security and public order, preventing the commission of offences or protecting public health, a decision to remove content and/or block access in respect of a publication on the internet may be issued by a judge or, in cases where delay would be prejudicial, by the President upon the request of the Presidency of the Republic or of the ministries concerned with the protection of national security and public order, the prevention of the commission of offences or the protection of public health. The decision shall be notified by the President immediately to the access providers and to the relevant content and hosting providers. The decision to remove content and/or block access shall be executed immediately and at the latest within four hours from the moment of notification of the decision.

(2) A decision to remove content and/or block access issued by the President upon the request of the Presidency of the Republic or of the relevant Ministries shall be submitted by the President to a criminal judgeship of peace for approval within twenty-four hours. The judge shall announce his or her decision within forty-eight hours; otherwise, the decision shall be lifted automatically.

(3) Access blocking decisions issued within the scope of this article shall be issued by way of blocking access to the content (in the form of a URL, etc.) relating to the publication, part or section in which the violation occurred. However, where it is technically impossible to block access to the content relating to the violation, or where the violation cannot be prevented by blocking access to the relevant content, a decision to block access to the entire website may be issued.

(4) The President shall file a criminal complaint with the Chief Public Prosecutor's Office against those who create and disseminate internet content constituting an offence within the scope of this article. The information necessary to reach the offenders of these offences shall be provided by content, hosting and access providers to the judicial authorities upon a judge's decision. The responsible persons of content, hosting and access providers who fail to provide such information shall, unless the act constitutes another offence requiring a heavier penalty, be punished with a judicial fine of three thousand to ten thousand days.

(5) Access providers and the relevant content and hosting providers that fail to comply with a decision to remove content and/or block access issued pursuant to this article shall be imposed an administrative fine of fifty thousand Turkish liras to five hundred thousand Turkish liras by the President.

Amended: 6/2/2014, Law No. 6518, Art. 93 Annulled by Constitutional Court decision of 11/10/2023, E. 2020/76, K. 2023/172

Added: 6/2/2014, Law No. 6518, Art. 94

(1) Persons who claim that the privacy of their private life has been violated by the content of a publication on the internet may apply directly to the Presidency and request the application of the measure of blocking access to the content.

(2) Such a request shall include the full address (URL) of the publication causing the violation of the right, an explanation of the respects in which the right has been violated, and information proving the identity of the requesting person. If this information is incomplete, the request shall not be processed.

(3) The President shall immediately notify the Association of the request received for implementation, and access providers shall execute this request for a measure immediately and at the latest within four hours.

(4) Access blocking shall be implemented by way of blocking access to the content (in the form of a URL) relating to the publication, part, section, picture or video that violates the privacy of private life.

(5) Persons requesting access blocking shall submit their request for access blocking, made on the ground that the privacy of private life has been violated by the content of a publication on the internet, to the decision of a criminal judgeship of peace within twenty-four hours from the hour at which the request was made. The judge shall assess whether the privacy of private life has been violated by the content of the publication on the internet, announce his or her decision at the latest within forty-eight hours and send it directly to the Presidency; otherwise, the access blocking measure shall be lifted automatically.43

(6) The President may file an objection against this decision issued by the judge in accordance with the provisions of Law No. 5271.

(7) If the content subject to access blocking has been removed from publication, the judge's decision shall automatically become null and void.

(8) In cases related to a violation of the privacy of private life where delay would be prejudicial, access blocking shall be carried out by the Presidency directly upon the order of the President. Repealed sentence: 26/2/2014, Law No. 6527, Art. 18

(9) Added: 26/2/2014, Law No. 6527, Art. 18 An access blocking decision issued by the President within the scope of paragraph 8 of this article shall be submitted, (…)42 to a criminal judgeship of peace for approval within twenty-four hours. The judge shall announce his or her decision within forty-eight hours.

(1) The duties assigned by law shall be performed by the Presidency.

(2) The positions in the list annexed to this Law have been created by this Law and added to List (II) annexed to the Radio Law No. 2813 dated 5/4/1983, to be used in the services of the Authority. Repealed second and third sentences: 15/8/2016, Decree-Law No. 671, Art. 21; adopted without amendment: 9/11/2016, Law No. 6757, Art. 18

(3) Repealed: 24/7/2026, Law No. 7590, Art. 27

(4) Without prejudice to other powers and duties assigned by laws, the duties and powers of the Presidency within the scope of this Law are as follows:

a) To carry out work aimed at preventing activities and publications on the internet whose content constitutes offences falling within the scope of this Law, ensuring the safe use of the internet and developing information technology awareness, by establishing coordination among ministries, law enforcement forces, relevant public institutions and organisations, content, hosting and access providers and relevant non-governmental organisations, and for this purpose, where necessary, to establish working groups all expenses of which shall be covered by the Presidency in accordance with the principles and procedures to be determined by regulation.

b) To monitor the content of publications on the internet and, where it is established that offences falling within the scope of this Law are being committed, to take the necessary measures provided for in this Law with a view to blocking access to such publications.

c) To determine at what level, at what time and in what manner the monitoring of the content of publications on the internet shall be carried out.

ç) To determine the principles and procedures concerning the systems to be used for filtering and blocking and the arrangements to be made in the authorisations of operators by the Authority and in the permit certificates to be issued by local administrative chiefs to commercial mass use providers.

d) To establish or have established, operate or have operated all kinds of necessary technical infrastructure, including a monitoring and information reporting centre, in order to prevent the commission of the offences listed in Article 8 and Article 8/A of this Law by monitoring publications on the internet.

e) To determine the minimum criteria for the production of hardware or the development of software in accordance with the principles of filtering, screening and monitoring to be applied in various services open to the public on the internet.

f) To ensure cooperation and coordination with international institutions and organisations in the field of information technology and the internet.

g) To provide all kinds of necessary assistance, within its technical capabilities, to the competent and authorised law enforcement forces and investigation authorities and to ensure coordination in order to prevent the promotion, importation into the country, possession, renting or sale of products containing any kind of representative images, texts or sounds concerning the commission on the internet of the offences listed in paragraph 1 of Article 8 of this Law.

(5) Repealed: 24/7/2026, Law No. 7590, Art. 27

(6) Added: 6/2/2014, Law No. 6518, Art. 95 Amended: 12/3/2025, Law No. 7545, Art. 19 Within the scope of its duties, the Presidency shall ensure coordination with content, hosting and access providers and other relevant institutions and organisations, carry out activities to have the necessary measures taken and carry out the required work.

(7) Added: 6/2/2014, Law No. 6518, Art. 95 The Presidency may establish research and development centres for the purpose of performing the duties assigned to it by laws.

(1) The principles and procedures concerning the implementation of this Law shall be governed by regulations to be issued by the President of the Republic. These regulations shall be issued within four months from the date of entry into force of the Law.

(2) The principles and procedures concerning the obligations of hosting, access and mass use providers, applicable to persons wishing to carry on activities as hosting or access providers irrespective of whether they hold an authorisation certificate for communication by means of telecommunications, shall be governed by a regulation to be issued by the Presidency. This regulation shall be issued within five months from the date of entry into force of the Law.

(1) (Relates to the Telegraph and Telephone Law No. 406 dated 4/2/1924 and has been incorporated therein.)

(2) (Relates to the Law on the Duties and Powers of the Police No. 2559 dated 4/7/1934 and has been incorporated therein.)

(3) (Relates to the Radio Law No. 2813 dated 5/4/1983 and has been incorporated therein.)

(4) (Relates to the Law on State Intelligence Services and the National Intelligence Organisation No. 2937 dated 1/11/1983 and has been incorporated therein.)

Added: 5/11/2008, Law No. 5809, Art. 67

(1) Repealed: 15/8/2016, Decree-Law No. 671, Art. 21; adopted without amendment: 9/11/2016, Law No. 6757, Art. 18

(2) Repealed: 15/8/2016, Decree-Law No. 671, Art. 21; adopted without amendment: 9/11/2016, Law No. 6757, Art. 18

(3) Repealed: 15/8/2016, Decree-Law No. 671, Art. 21; adopted without amendment: 9/11/2016, Law No. 6757, Art. 18

(4) Repealed: 15/8/2016, Decree-Law No. 671, Art. 21; adopted without amendment: 9/11/2016, Law No. 6757, Art. 18

(5) Added: 6/2/2014, Law No. 6518, Art. 97 Personnel employed in the public institutions and organisations listed in Article 2 of the Decree Having the Force of Law No. 217 dated 8/6/1984 on the Establishment and Duties of the State Personnel Presidency may, with the (…) consent of their institutions, be temporarily assigned under the Authority, provided that their salaries, allowances, all kinds of increments and compensations and other financial and social rights and benefits are paid by their own institutions. The number of personnel assigned within this scope may not exceed twenty per cent of the number of positions of the Authority. Such personnel shall be deemed to be on leave from their institutions. For as long as they are on leave, their personnel rights relating to their civil service shall continue, and these periods shall be taken into account in their promotion and retirement. Their promotions shall be carried out on time without the need for any further action.

(6) Added: 6/2/2014, Law No. 6518, Art. 97; Repealed: 15/8/2016, Decree-Law No. 671, Art. 21; adopted without amendment: 9/11/2016, Law No. 6757, Art. 18

(7) The positions in Schedule (V) annexed to this Law have been created by this Law and added to List (I) annexed to Law No. 5651, to be used in the services of the Telecommunications Communication Presidency.

Added: 6/2/2014, Law No. 6518, Art. 99

For the performance of the duties assigned to the Authority, contracted personnel may be employed at the Authority in matters requiring special knowledge and expertise, without being bound by the provisions of the Civil Servants Law No. 657 dated 14/7/1965 and of other laws concerning the employment of contracted personnel. The title, number, term, wages and other matters relating to those to be employed in this manner shall be determined in accordance with the principles of service contracts to be put into effect by the President of the Republic. The wage to be paid to them may not exceed five times the ceiling of the contract wage applied to those employed under subparagraph (B) of Article 4 of Law No. 657, and the total number of contracted personnel that may be employed may not exceed two hundred and fifty; no payment other than the wage specified in this paragraph may be made.

Added: 15/8/2016, Decree-Law No. 671, Art. 22; adopted without amendment: 9/11/2016, Law No. 6757, Art. 19

(1) The Telecommunications Communication Presidency has been closed.

(2) References made in other legislation to the Telecommunications Communication Presidency shall be deemed to have been made to the Cybersecurity Presidency, and references made to the President of the Telecommunications Communication Presidency shall be deemed to have been made to the President of the Cybersecurity Presidency.

Added: 29/7/2020, Law No. 7253, Art. 6

(1) A foreign-based social network provider with more than one million daily accesses from Türkiye shall designate at least one authorised person as its representative in Türkiye in order to ensure compliance with the service of documents, notifications or requests to be sent by the Presidency, the Association, or judicial or administrative authorities, the answering of applications to be made by persons under this Law, and the fulfilment of other obligations under this Law, and shall include the contact details of that person on its website in a manner that is easily visible and directly accessible. The social network provider shall be obliged to notify the Presidency of the identity and contact details of that person. Amended sentence: 13/10/2022, Law No. 7418, Art. 34 Where the representative is a natural person, that person must be resident in Türkiye and a citizen of Türkiye. Added sentences: 13/10/2022, Law No. 7418, Art. 34 Where daily access from Türkiye exceeds ten million, the natural or legal person representative designated by the foreign-based social network provider shall, without prejudice to the responsibilities of the social network provider, be fully authorised and responsible in technical, administrative, legal and financial respects, and where that representative is a legal person, it must be a branch established directly by the social network provider in the form of a capital company.

(2) A notification shall be made by the Presidency to a social network provider that fails to fulfil the obligation to designate and notify a representative set out in paragraph 1. Where this obligation is not fulfilled within thirty days of the notification, an administrative fine of ten million Turkish lira shall be imposed on the social network provider by the President. Where this obligation is not fulfilled within thirty days of the service of the administrative fine imposed, a further administrative fine of thirty million Turkish lira shall be imposed. Where this obligation is not fulfilled within thirty days of the service of the administrative fine imposed for the second time, natural and legal persons who are taxpayers resident in Türkiye shall be prohibited by the President from placing new advertisements with the relevant social network provider; within this scope, no new contract may be concluded and no money transfer relating thereto may be made. Where this obligation is not fulfilled within three months of the date on which the advertising ban decision is issued, the President may apply to the criminal judgeship of peace for the internet traffic bandwidth of the social network provider to be throttled by fifty per cent. Where the said obligation is not fulfilled within thirty days of the implementation of the judge's decision accepting the application, the President may apply to the criminal judgeship of peace for the internet traffic bandwidth of the social network provider to be throttled by up to ninety per cent. In the decision to be issued upon the second application, the judge may, taking into account also the nature of the service provided, determine a lower rate, provided that it is not lower than fifty per cent. The President may file an objection against these decisions in accordance with the provisions of Law No. 5271. Decisions issued by the judge shall be sent to the Presidency for notification to the access providers. The decisions shall be implemented by the access providers immediately and at the latest within four hours of the notification. Where the obligation to designate and notify a representative is fulfilled, one quarter of the administrative fines imposed shall be collected, the advertising ban shall be lifted and the judge's decisions shall automatically become null and void. A notification shall be made by the Presidency to the access providers for the termination of the interference with the internet traffic bandwidth.

(3) A domestic or foreign-based social network provider with more than one million daily accesses from Türkiye shall be obliged to give a positive or negative reply to applications made by persons concerning content within the scope of Articles 9 and 9/A at the latest within forty-eight hours of the application. Negative replies shall be given with reasons.

(4) A domestic or foreign-based social network provider with more than one million daily accesses from Türkiye shall notify the Presidency, in six-monthly periods, of reports prepared in Turkish containing statistical and categorical information on the implementation of decisions on the removal of content and/or blocking of access notified to it and on the applications under paragraph 3. The report on applications under paragraph 3 shall also be published on the social network provider's own website after being cleansed of personal data. Added sentences: 13/10/2022, Law No. 7418, Art. 34 The reports submitted by social network providers to the Presidency shall also contain information on hashtags, on the algorithms relating to content that is promoted or whose reach is reduced, and on advertising policies and transparency policies. The social network provider shall be obliged to act in accordance with the principle of accountability, to ensure transparency in the implementation of the Law, and to provide the Presidency with all information and documents necessary for the implementation of the Law whenever requested by the Presidency. The social network provider shall be obliged to treat its users equally and impartially, and the report to be submitted to the Presidency shall also include the measures taken in this respect. The social network provider shall, in cooperation with the Presidency, take the necessary measures in its own system, mechanism and algorithm to prevent the publication of content and hashtags relating to the offences within the scope of this Law, and shall include these measures in its report. The social network provider shall be obliged to set out on its website, in a clear, understandable and easily accessible manner, which parameters it uses when presenting recommendations to users. The social network provider shall take the necessary measures to offer users the option to update their preferences regarding the content recommended to them and to restrict the use of their personal data, and shall include these measures in its report. The social network provider shall create an advertisement library containing information such as the content of advertisements, the advertiser, the duration of the advertisement, its target audience and the number of persons or groups reached, shall publish it on its website, and shall include this matter in its report.

(5) Added: 13/10/2022, Law No. 7418, Art. 34 Information necessary to reach the offenders who create or disseminate internet content that is the subject of the following offences set out in the Turkish Penal Code:

a) Sexual abuse of children (Article 103),

b) Publicly disseminating misleading information to the public (Article 217/A),

c) Disrupting the unity of the State and the territorial integrity of the country (Article 302),

ç) Offences against the Constitutional Order and the Functioning of this Order (Articles 309, 311, 312, 313, 314, 315, 316),

d) Offences against State Secrets and Espionage (Articles 328, 329, 330, 331, 333, 334, 335, 336, 337),

shall be provided to the judicial authorities by the representative in Türkiye of the relevant social network provider upon request by the public prosecutor at the investigation stage, and by the court conducting the trial at the prosecution stage. Where this information is not provided to the requesting Chief Public Prosecutor's Office or court, the relevant public prosecutor may apply to the Ankara Criminal Judgeship of Peace with a request for the internet traffic bandwidth of the foreign-based social network provider to be throttled by ninety per cent. Where a decision to throttle the internet traffic bandwidth is issued, that decision shall be sent to the Presidency for notification to the access providers. The decision shall be implemented by the access providers immediately and at the latest within four hours of the notification. Where the social network provider fulfils its obligations under this paragraph, the sanctions shall be lifted and the Presidency shall be notified.

(6) A domestic or foreign-based social network provider with more than one million daily accesses from Türkiye shall take the necessary measures to host the data of users in Türkiye within Türkiye.

(7) Added: 13/10/2022, Law No. 7418, Art. 34 The social network provider shall take the necessary measures to provide a differentiated service specific to children.

(8) An administrative fine of five million Turkish lira shall be imposed by the President on a social network provider that fails to fulfil the obligation in paragraph 3, and an administrative fine of ten million Turkish lira on a social network provider that fails to fulfil the obligation in paragraph 4.

(9) Administrative fines to be imposed under Articles 8 and 8/A on foreign-based social network providers with more than one million daily accesses from Türkiye shall be imposed as one million Turkish lira, and judicial fines to be imposed under Articles 8 and 9 shall be imposed as fifty thousand days. Repealed sentence: 13/10/2022, Law No. 7418, Art. 34

(10) Added: 13/10/2022, Law No. 7418, Art. 34 Without prejudice to the administrative measures under Articles 8 and 8/A, where a decision on the removal of content and/or blocking of access issued by the President under this Law is not complied with, the President may decide to prohibit natural and legal persons who are taxpayers resident in Türkiye from placing advertisements with the relevant foreign-based social network provider for up to six months; within this scope, no new contract may be concluded and no money transfer relating thereto may be made. The advertising ban decision shall be published in the Official Gazette. In addition to the advertising ban decision, the President may apply to the criminal judgeship of peace for the internet traffic bandwidth of the social network provider to be throttled by fifty per cent until the decision on the removal of content and/or blocking of access is complied with. Where the decision on the removal of content and/or blocking of access is not complied with by the social network provider within thirty days of the notification to the relevant social network provider of the judge's decision to throttle the internet traffic bandwidth by fifty per cent, the President may apply to the criminal judgeship of peace for the internet traffic bandwidth of the social network provider to be throttled by up to ninety per cent. Decisions issued by the judge shall be sent to the Presidency for notification to the access providers. The decisions shall be implemented by the access providers immediately and at the latest within four hours of the notification. Where the social network provider complies with the decision on the removal of content and/or blocking of access and notifies the Presidency, only the measure of throttling the internet traffic bandwidth shall be lifted.

(11) Added: 13/10/2022, Law No. 7418, Art. 34 Where administrative fines imposed by the President under this Law are not paid within the statutory period on more than one occasion within one year, the President may decide, in respect of the foreign-based social network provider, to prohibit natural and legal persons who are taxpayers resident in Türkiye from placing new advertisements with the relevant social network provider for up to six months; within this scope, no new contract may be concluded and no money transfer relating thereto may be made. The advertising ban decision shall be published in the Official Gazette. Where the foreign-based social network provider pays all of the administrative fines and notifies the Presidency, the advertising ban decision shall be lifted.

(12) Added: 13/10/2022, Law No. 7418, Art. 34 The President may decide to impose an administrative fine of from ten thousand Turkish lira to one hundred thousand Turkish lira on natural and legal persons who are taxpayers resident in Türkiye and who act in breach of an advertising ban imposed pursuant to this Article.

(13) Added: 13/10/2022, Law No. 7418, Art. 34 The social network provider shall be obliged to comply with the regulations on user rights to be made by the Presidency for the protection of the rights of its users.

(14) Where content whose unlawfulness has been established by a decision of a judge or court is notified to the social network provider, a social network provider that fails to remove the content or block access to it within twenty-four hours despite the notification shall be liable to compensate the damage arising. For this civil liability to be enforced, it shall not be required that recourse first be had to the liability of the content provider or that an action be brought against the content provider.

(15) Added: 13/10/2022, Law No. 7418, Art. 34 The social network provider shall be obliged to establish, in cooperation with the Presidency, an effective application mechanism for the removal of hashtags and promoted content by the warning method. The social network provider shall be directly liable for an offence committed through a third party's publication for which it provides a medium by means of hashtags or promoted content, where the unlawful content has been notified to it and, despite this, the content has not been removed immediately and at the latest within four hours of the notification of the content.

(16) Added: 13/10/2022, Law No. 7418, Art. 34 Where the social network provider becomes aware of content endangering the safety of life and property of persons and delay would be prejudicial, it shall share this content and the information concerning the person who created the content with the competent law enforcement units.

(17) In the implementation of this Article, the obligations of the social network provider shall not eliminate its responsibilities and obligations arising from its being a content or hosting provider.

(18) Added: 13/10/2022, Law No. 7418, Art. 34 The Presidency may request from the social network provider any explanation concerning the social network provider's compliance with this Law, including its corporate structure, information systems, algorithms, data processing mechanisms and commercial practices. The social network provider shall be obliged to provide the information and documents requested by the Presidency at the latest within three months. The Presidency may inspect on site, at all facilities of the social network provider, the social network provider's compliance with this Law.

(19) Added: 13/10/2022, Law No. 7418, Art. 34 The social network provider shall be obliged to draw up a crisis plan for extraordinary situations affecting public security and public health and to notify it to the Presidency.

(20) Added: 13/10/2022, Law No. 7418, Art. 34 An administrative fine of up to three per cent of its global turnover in the preceding calendar year may be imposed by the President on a social network provider that fails to fulfil its obligations under paragraphs 6, 7, 13, 16, 18 and 19 of this Article.

(21) The procedures and principles concerning the implementation of this Article shall be determined by the Presidency.

(1) The construction of the service building of the Presidency at its establishment shall be financed from the budget of the Authority without being subject to the provisions of the Public Procurement Law and the Public Procurement Contracts Law, except for matters relating to penalties and debarment from tenders.

(2) Mass use providers currently operating for commercial purposes shall be obliged to obtain the permit certificate required under Article 7 within six months of the date of entry into force of this Law.

(3) An authorisation certificate shall be issued by the Authority to persons currently operating as hosting or access providers, for the purpose of operating as hosting or access providers, irrespective of whether they hold an authorisation certificate for communication by means of telecommunications.

Added: 5/11/2008, Law No. 5809, Art. 67

(1) Among the personnel holding positions in the Telecommunications Communication Presidency, those who meet the educational requirements set out in Additional Article 1 may be appointed to the position of communication expert within five years of the date of publication of this Law, provided that they complete three years of service in the public sector, obtain a score of at least 60 in the KPDS (Foreign Language Proficiency Examination for State Employees) or an equivalent score in internationally recognised examinations, and the thesis they prepare is accepted. Among such personnel: those who were admitted to the profession in other public institutions and organisations by being subjected to a competitive examination pursuant to their special legislation and who were appointed to career professional positions by passing the proficiency examination or by having their thesis found successful may be appointed as communication experts when they meet the foreign language requirement; and among those who have completed master's or doctoral studies and in respect of whom it is determined, as a result of an examination to be conducted, that the subjects of their master's or doctoral theses relate to the field of duty of the Authority or the Presidency, those who have completed doctoral studies may be appointed as communication experts directly, and those who have completed master's studies may be so appointed when they meet the foreign language requirement.

(2) Personnel of the Telecommunications Communication Presidency who are graduates of four-year faculties may be appointed to the position of technical expert or administrative expert according to their field of study within five years of the date of publication of this Law, provided that they complete three years of service in the public sector, satisfy the conditions laid down in the regulation to be issued and, in addition, the thesis they prepare is accepted or they complete a master's degree with thesis or a doctorate.

Added: 6/2/2014, Law No. 6518, Art. 100

(1) The establishment of the Association shall be completed within three months of the date of publication of this Law.

(2) The Association shall commence its activities following the examination and approval by the Authority of the Statute of the Association signed with the participation of at least one quarter of the existing internet service providers and operators providing access services that have subscribers as of the date of entry into force of this Article. Internet service providers and operators providing access services that are not yet members shall be obliged to complete their membership at the latest within one month following the establishment of the Association.

(3) If the establishment of the Association cannot be completed within the specified period, an administrative fine at the rate of one per cent of their net sales in the preceding calendar year shall be imposed by the Authority on internet service providers and other operators providing internet access services.

(4) An administrative fine at the rate of one per cent of their net sales in the preceding calendar year shall be imposed by the Authority on internet service providers or other operators providing internet access services that do not become members within one month following the establishment of the Association.

Added: 15/8/2016, Decree-Law No. 671, Art. 23; Adopted without amendment: 9/11/2016, Law No. 6757, Art. 20

(1) The term of office of the President of Telecommunications Communication shall end on the date of entry into force of this Article, and the provisions of Additional Article 18 of Decree-Law No. 375 shall apply to that person. The terms of office of the heads of department serving in the Telecommunications Communication Presidency shall end on the date of entry into force of this Article. Those among them who have previously obtained the title of Communication Expert shall be deemed to have been appointed to Information Technologies Expert positions in the Information and Communication Technologies Authority.

(2) Among the personnel serving in the Telecommunications Communication Presidency who are assessed as having no membership of, affiliation with, or adherence or connection to terrorist organisations or to structures, formations or groups determined by the National Security Council to be engaged in activities against the national security of the State, Communication Experts and Assistant Communication Experts shall be deemed to have been appointed to Information Technologies Expert and Assistant Information Technologies Expert positions in the Information and Communication Technologies Authority, and the other personnel to positions with the same titles in the Information and Communication Technologies Authority, with the position grade they currently hold, without the need for any further procedure. As of the date on which they are deemed to have been appointed, their positions shall be deemed to have been created and added to the position schedules of the Authority in accordance with the relevant legislation, irrespective of the provisions of other laws and without the need for any further procedure. The periods spent as Expert and Assistant Expert by those so appointed shall be deemed to have been spent in the Authority positions to which they are deemed to have been appointed.

Added: 29/7/2020, Law No. 7253, Art. 7

(1) Social network providers shall, with respect to Additional Article 4:

a) Complete the necessary work within three months of the date of entry into force of this Article in order to fulfil their obligations under paragraph 3 thereof.

b) Notify to the Authority, in June 2021, their first reports to be prepared pursuant to their obligations under paragraph 4 thereof, and publish them on their websites.

Added: 13/10/2022, Law No. 7418, Art. 35

(1) Where a social network provider that designated a representative before the date of publication of the Law introducing this Article fails, within six months of the date of publication of the Law introducing this Article, to complete the obligations introduced by the amendment made to paragraph 1 of Additional Article 4 by the Law introducing this Article, the provisions of paragraph 2 of Additional Article 4 shall apply without applying the provisions on notification and administrative fines.

(1) Of this Law:

a) Articles 3 and 8, six months after the date of publication,

b) The other articles, on the date of publication,

shall enter into force.

(1) The provisions of this Law shall be executed by the Council of Ministers.

(1) LIST No.

POSITIONS CREATED

INSTITUTION: TELECOMMUNICATIONS AUTHORITY

ORGANISATION: HEADQUARTERS

CLASS

TITLE

NUMBER OF

POSITIONS

Grade 1

Head of Department

General Administrative Services

3

Press and Public Relations Counsellor

General Administrative Services

1

Communications Expert

General Administrative Services

5

Communications Expert

Technical Services

8

Technician

Technical Services

2

Technical Assistant

Technical Services

2

Grade 3

Communications Expert

General Administrative Services

4

Communications Expert

Technical Services

5

Specialist

General Administrative Services

5

Specialist

Technical Services

10

Technician

Technical Services

2

Grade 5

Specialist

General Administrative Services

7

Specialist

Technical Services

7

Technical Assistant

Technical Services

2

Secretary

General Administrative Services

1

Grade 6

Specialist

General Administrative Services

7

Specialist

Technical Services

8

Technical Assistant

Technical Services

2

Boiler Operator

Auxiliary Services

1

GRAND TOTAL

82

INSTITUTION: TELECOMMUNICATIONS AUTHORITY

ORGANISATION: HEADQUARTERS

OF THE POSITIONS CREATED

CLASS

TITLE

NUMBER OF

POSITIONS

Grade 1

Head of Department

General Administrative Services

1

Legal Counsel

General Administrative Services

1

Communications Expert

General Administrative Services

5

Communications Expert

Technical Services

5

Grade 3

Communications Expert

General Administrative Services

10

Communications Expert

Technical Services

10

Grade 5

Communications Expert

General Administrative Services

8

Attorney

Legal Services

3

Communications Expert

Technical Services

8

Translator

General Administrative Services

1

Technician

Technical Services

2

Secretary

General Administrative Services

2

Grade 6

Specialist

General Administrative Services

15

Specialist

Technical Services

5

Attorney

Legal Services

2

Translator

General Administrative Services

2

Computer Operator

General Administrative Services

10

Technical Assistant

Technical Services

2

Secretary

General Administrative Services

1

TOTAL

93

Added: 5/11/2008, Law No. 5809, Art. 67

OF THE POSITIONS CREATED

INSTITUTION: INFORMATION AND COMMUNICATION TECHNOLOGIES AUTHORITY

ORGANISATION: HEADQUARTERS

CLASS

TITLE

GRADE

POSITIONS

General Administrative Services

Assistant Communications Expert

8

25

TOTAL

25

Added: 6/2/2014, Law No. 6518, Art. 98

(2) LIST No.

INSTITUTION: INFORMATION AND COMMUNICATION TECHNOLOGIES AUTHORITY

ORGANISATION: HEADQUARTERS

OF THE POSITIONS CREATED

CLASS

TITLE

GRADE

POSITIONS

General Administrative Services

Head of Department

1

4

General Administrative Services

Legal Counsel

3

6

Technical Services

Engineer

3

10

Technical Services

Engineer

6

10

General Administrative Services

Computer Operator

9

10

General Administrative Services

Civil Servant (Clerk)

9

5

TOTAL

45