Turkey adopts strict new regulations for foreign social media platforms

Turkiye

The Turkish Parliament has recently adopted new legislation on social media, contained in amendments to the "Law on the Regulation of Internet Broadcasting and the Fight against Crimes Committed by the Internet Broadcasting".

These new provisions are a hot topic with a strong impact on foreign social media platforms operating in Turkey and have been the subject of debate since the amended law was published in the Official Gazette on 31 July 2020.

Most of the provisions contained in the amended law will officially enter into force on 1 October 2020. The main provisions are listed below.

Social network providers

The law contains a new definition namely the definition of "social network providers" added. These are defined as a natural or legal person who enables users to create, display or exchange data such as text, images, voice and location for the purpose of social interaction.

According to the provisional Article 4 of the amended law, foreign social network providers who have daily access to more than one million local visitors must designate at least one (1) representative in Turkey. The identity of the representative must be communicated to the Information and Communication Technologies Authority ("ICTA") and the contact information of a representative should be easily accessible on the social network provider's website.

If the representative is a legal person, the representative should have its registered office in Turkey and if the representative is a real person, he or she must be a Turkish citizen. The representative is obliged to act if necessary and to answer requests and enquiries from users within the framework of the law.

If a foreign social networking provider fails to appoint a representative, the ICTA sends an official notification. If the foreign social networking service provider fails to appoint a representative within thirty (30) days of the notification, the ICTA may impose an administrative fine of TRY 10 million (EUR 1.15 million).

If the foreign social networking service provider does not subsequently appoint a representative within thirty (30) days after the imposition of the administrative fine, the ICTA may impose an additional administrative fine of TRY 30 million (EUR 3.45 million). If the foreign social networking service provider still fails to appoint a representative, the ICTA could prohibit taxable persons established in Turkey from advertising to the provider concerned.

If the foreign social networking service provider does not appoint a representative within three (3) months thereafter, the ICTA may file a petition with a Peace Criminal Court (sulh ceza mahkemesi) and demand a 50% reduction of the provider's internet bandwidth (bant genişliği). If the foreign social networking provider still fails to appoint a representative within thirty (30) days, the ICTA will refer the matter to the criminal court and request a 90% reduction in bandwidth.

Mandatory reports

Foreign social networking providers must send a report to the ICTA every six (6) months, containing statistical and categorical information on all decisions on content removal, access restrictions and user requests directly related to privacy and personal rights violations. The language of the reports must be Turkish. If the social networking service provider does not comply, ICTA may impose an administrative fine of TRY 10 million (approx. EUR 1.150 million).

Content-removal requests

Social network providers must respond within forty-eight (48) hours to requests for removal of content concerning violations of personal rights and privacy. If the social network provider decides to refuse the request, a reason for refusal must be given. If the social networking service provider does not respond to requests within forty-eight (48) hours, ICTA may impose an administrative fine of TRY 5 million (approx. EUR 575,000).

If the illegality of the content is established by a court decision, the social network providers must remove the content or restrict access to the content within twenty-four (24) hours of receiving the decision. In the contrary case, the social network provider is responsible for all damages resulting from the violation. The injured party does not have to apply to the court for recognition of the legal liability of the provider.

Social network providers must set up systems to respond to requests for removal of content within three (3) months of the entry into force of the relevant provision on 1 October 2020.
If foreign social network providers with a daily access of more than one million users in Turkey do not comply with the decision to remove content or block access, additional administrative fines of TRY 1 million (approx. EUR 115,000) will be imposed.

Conclusion

Following the entry into force of the amended law on 1 October, foreign social networking providers must carefully comply with all obligations in order to avoid significant administrative penalties. As mentioned above, foreign providers should respect the following deadlines: All social network providers must submit their first six (6) monthly reports to the ICTA by June 2021. In addition, from 1 October 2020, foreign social network providers must appoint a representative and respond to all notifications from ICTA.

For further information on the new Turkish social media regulations, please contact your regular CMS consultant or local CMS experts: Dr. Döne Yalçın and Taner Elmas.