Turkish Internet Law

The main legal framework governing the Internet in Turkey is Law numbered 5651, entitled The Law on the Regulation of Broadcasts via Internet and Prevention of Crimes Committed through Such Broadcasts (hereafter ‘Internet Law’).

The Internet Law mainly regulates three areas:
(1) The legal, criminal and administrative liability of Internet actors, such as content providers, hosting providers, ISPs (or so-called access providers), and public use providers (Articles 4, 5, 6, 7);
(2) The access restriction procedure for certain crimes, and the further details for combating such crimes, especially in cases of emergency (Article 8 and Article 8/A);
(3) The notice and take down procedures, the removal of content and blocking access to such content, in cases of violation of personal rights, due to Internet content (Article 9 and 9/A).

The Internet Law was enacted on 4 May 2007. The Internet Law underwent major reforms in 2014, and the law was amended by Law numbered 6518, dated 6 February 2014, and Law numbered 6527, dated 26 February 2014. Besides the reform of the legal framework, the case-law has provided a new insight with regards to interpretation of the legal framework.

According to the Preamble of the Internet Law, the main reasoning behind the adoption of the law is the online protection of children and families from harmful and illegal Internet content. In this regard, the main objectives of the law were determined as combating crimes, such as motivating the people to commit suicide, sexual harassment of children, promoting drug use, supplying drugs that are dangerous to health, obscenity, prostitution, and providing a place and opportunity for gambling.

However, in the course of time, the legal framework evolved in accordance with the changing circumstances of Turkish political discourse. The increasing Internet penetration rate in Turkey and the expansion of mobile connectivity (especially after 3G) increased the possible ways of using the Internet in the country.


Law on Regulation of Broadcasts via Internet and Combating Crimes Committed by Means of Such Publications

(UNOFFICIAL TRANSLATION)

No: 5651
Date of Ratification: 04.05.2007
Official Gazette Date: 25.03.2007
Official Gazette No: 26530

Purpose and Scope
ARTICLE 1 –
(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 of prevention of crimes committed on the internet through content, hosting and access providers.

Definitions
ARTICLE 2 –
(1) For the application of this Law;
Ministry means Ministry of Transportation,
(Former: 15/8/2016-SD-671/20 art.; Agreed as same: 9/11/2016-6757/17 art.)
(Amendment: 15/8/2016-SD-671/20 art.; Agreed as same: 9/11/2016-6757/17 art.)
President means President of Information Technology and Communication Authority,
Information means the meaningful form of data,
Access means to connect and be able to use the internet,
Access provider means real or legal persons who produce, modify and provide any kind of information or data presented to the users over the internet,
Internet medium means any medium created on the internet that is open to the public except for communication and personal or corporate computer systems,
Broadcast on the internet medium means data that can be accessed by an unlimited number of people on the internet,
Monitoring means monitoring information and data without affecting the internet,
(Amendment: 15/8/2016-SD-671/20 art.; Agreed as same: 9/11/2016-6757/17 art.) Authority means Information and Communication Technologies Authority,
Mass use provider means providing people the possibility to use the internet in a specific place and for a certain period of time,
(Amendment: 26/2/2014-6527/15 art.) Traffic information means IP address related to the parties, starting and ending time of the service given, type of the service, the amount of data transferred and if available subscriber ID information,
Data means any value that can be processed by the computer,
Broadcasting means broadcasting on internet,
Content provider means real or legal entities that provide or operate systems that host services and content,
(Appendix: 6/2/2014-6518/85 art.) Association means The Access Providers Association
(Appendix: 6/2/2014-6518/85 art.) Blocking access means blocking access from the domain, blocking access from the IP address, blocking access to the URL, and blocking access by using similar methods,
(Appendix: 6/2/2014-6518/85 art.) Content removal means removing content from servers or provided contents by content or hosting providers,
(Appendix: 6/2/2014-6518/85 art.) URL address means the internet address on which the related internet content is available,
(Appendix: 6/2/2014-6518/85 art.) Warning method means a notification procedure to be conducted through the contact address of the content provider in the first place, in order to remove the content from publication by the person claiming that the rights are violated because of the publication content made on the internet.

Responsibilities of Disclosure
ARTICLE 3 –
(1) The Content, Hosting and Access Providers are obliged to keep their identifier information on the basis of the principles and procedures determined by the regulations in a manner that is accessible to the users on the internet and in an up-to-date manner.
(2) The President shall grant administrative penalties up to fifty thousand Turkish Liras from two thousand Turkish Liras to the content, place or access provider that fails to fulfill the obligation specified above.
(3) (Appendix: 6/2/2014-6518/86 art.) Those who carry out the activities covered by this Law from within or outside the country may be notified via electronic mail or other communication tools through information obtained from sources such as communication tools on internet pages, domain names, IP addresses and similar resources.
(4) (Appendix: 26/2/2014-6527/16 art.; Amendment: 10/9/2014-6552/126 art.; Abrogation: with the Decision of the Constitutional Court dated 2/10/2014 and numbered E.: 2014/149, K.: 2014/151)
Responsibilities of Content Provider
ARTICLE 4- (1) The Content provider is responsible for all content that is available on the internet.
(2) The Content provider is not responsible for the content that belongs to someone else. However, if it is clear from the format of the presentation that the content it links to is embraced and intended by the user to reach the content in question, it is responsible according to the general provisions.
(3) (Appendix: 6/2/2014-6518/87 art.) The Content provider, within the scope of his / her duties given by this Law and other laws, shall submit the requested information to the Authority in the requested form and shall take the measures notified by the Authority.
Responsibilities of Hosting Provider
ARTICLE 5- (1) The Hosting provider is not obligated to check the content it provides or to investigate whether it is an illegal activity.
(2) (Amendment: 6/2/2014-6518/88 art.) The Hosting provider is obliged to remove the content that is against to law if it is notified according to the 8th and 9th articles of this Law.
(3) (Appendix: 6/2/2014-6518/88 art.) The Hosting Provider is obliged to keep Traffic information for the services it provides for a period of less than one year and not more than two years, to be determined in the regulation, and to ensure the accuracy, integrity and privacy of this information.
(4) (Appendix: 6/2/2014-6518/88 art.) The Hosting providers can be classified according to the nature of the work they perform within the framework of the procedures and principles to be determined by regulation and can be differentiated according to their rights and obligations.
(5) (Appendix: 6/2/2014-6518/88 art.) The Hosting provider is obliged to deliver the requested information to the Authority in the requested form and to take the measures notified by the Authority.
(6) (Appendix: 6/2/2014-6518/88 art.) The Minister shall be entitled to administrative punishment from ten thousand Turkish Liras to one hundred thousand Turkish Liras on the Hosting Provider who is not included in the declaration of the provision of place or fails to fulfill her/his obligations in this Law.
Responsibilities of Access Provider
ARTICLE 6- (1) Access provider,
Is obliged to block access to illegal content published by any of its user if informed in accordance with the provisions of this Law,
Is obligated to keep Traffic information specified in the regulation for the provided services for a period of not less than six months and not more than two years, and to ensure the accuracy, integrity and privacy of such information,
Is obliged to inform the Authority, Content providers and customers at least three months before the termination and submit the records of traffic information to the Authority in accordance with the principles and procedures stated in the regulation,
(Appendix: 6/2/2014-6518/89 art.) Is obliged to take preventive measures against alternative access routes with respect to publications for which access blocking is decided,
(Appendix: 6/2/2014-6518/89 art.) Is obliged to deliver the Authority’s requested information to the Authority in the requested manner and to take the measures notified by the Authority.
(2) The Access provider is not obliged to check whether the content of the Information accessed through herself/himself is unlawful and requires liability.
(3) To the Access provider who fails to fulfill one of the obligations stated in articles (b), (c) and (d) of the first paragraph, The President shall give administrative fine from ten thousand Turkish Liras up to fifty thousand Turkish Liras.
Association of Access Providers
ARTICLE 6/A – (Appendix: 6/2/2014-6518/90 art.)
The Access Providers Association has been established to enforce the prohibition of access which is not covered by Article 8 of this Law.
The Association is a private legal entity. The center of the Association is Ankara.
The procedure and principles of the Association shall be determined by the statute that shall be approved by the Authority. Amendments to the statutes are subject to the approval of the Authority.
The Association shall start the activity after it has been examined and approved by the Authority.
The Association is an organization that is formed and coordinated with the participation of all internet service providers authorized under the Electronic Communication Law dated 5/11/2008 and numbered 5809 and other operators providing internet access services.
Decisions on denial of access outside the scope of Article 8 of this Law shall be carried out by the access providers. All hardware and software required for the implementation of the decisions are provided by the access providers themselves.
By operation of the access blocking decisions except in scope of Article 8 of this Law shall be sent to the Association. In this scope, the notification made to the Association shall be also made to the access provider.
The Association may object to decisions which it considers inappropriate to the legislation submitted to it
The income of the Association consists of the fees to be paid by the members. The fees to be paid are determined at the amount that will meet the costs of the Association. The fee that a member will pay is determined by the net sales of that member in the total net sales amount of the members. The payment periods of the members, when will the new participating members start to pay, and other matters related to the payments will be determined in the Association Statute. Unclaimed wages shall be collected together with the legal interest of the Association.
The Service Providers that are not members of the Association cannot operate.
Responsibilities of Mass Use Providers
ARTICLE 7 – (1) Mass use providers who provide mass use in a commercial manner are obliged to obtain a permit document from the local district official. Information on the permit shall be notified to the Authority by the local district official within thirty days. Their supervision is carried out by local district official. The principles and procedures regarding the issuance of the authorization document and the supervision shall be regulated by the regulation.
(Amendment: 6/2/2014-6518/91 art.) Regardless of whether it is for commercial purposes or not, all internet Mass use providers are obliged to take measures determined by the regulation in order to prevent access to the contents constituting the crime and to keep access records for use
(Amendment: 6/2/2014-6518/91 art.) Mass use providers who provide mass use in a commercial manner are obliged to take the measures specified in the regulation in order to protect the family and minors, prevention of the crime and determination of the criminals.
(Appendix: 6/2/2014-6518/91 art.) Mass use providers having commercial purposes who violate the liabilities specified in this article shall be sanctioned one of the penalties of a warning, an administrative fine from thousand Turkish Liras to fifteen Turkish Liras, or a suspending of their commercial activities for up to three days, by the local district official according to the degree of the violation and within the scope of the procedures and grounds set by the bylaw.
Access Blocking Decision and Execution of Such Decision
ARTICLE 8- (1) It is decided to prevent access to publications that are made on the internet medium and that has adequate reason for suspicion that the content constitutes the following offenses:
a) Entered in the Turkish Penal Code dated 26/9/2004 and numbered 5237;
1) Suicide orientation (Article 84),
2) Sexual abuse of children (Article 103, first paragraph),
3) Facilitate the use of drugs or stimulants (Article 190),
4) Hazardous substance for health (Article 194),
5) Obscenity (Article 226),
6) Prostitution (Article 227),
7) Providing space and facilities for gambling (Article 228),
crimes.
b) Offenses pertaining to the crime committed against Atatürk dated 25/7/1951 and numbered 5816.
(2) The decision to prevent access is given by the judge in the case of the investigation and by the court in the case of prosecution. In case of any delay in the investigation, the public prosecutor may decide to prevent access. In this case, the public prosecutor’s decision shall be submitted to the judge’s approval within twenty-four hours, and the judge shall make his decision within twenty-four hours at the latest. If the decision is not approved within this period, the measure shall be removed immediately by the public prosecutor. (Appendix: 6/2/2014-6518/92 art.) The decision to block access can also be given for a limited period of time if it appears to be purposeful. Access blocking decision granted as a protective precaution may be objected in accordance with the provisions of the Code of Criminal Procedure numbered 5271 dated 4/12/2004.
(3) A copy of the decision to block access given by the judge, the court or the public prosecutor shall be sent to the Authority for the further action.
(4) If the access or hosting provider that provides the content crimes stated in the first paragraph is abroad or even in the country, the decision of access blocking shall be given by the President ex officio about the crime of content written in the sub-clauses (2), (5) and (6) of the subparagraph (a) of the first paragraph. This decision shall be stated to the access provider and requested to be fulfilled.
(5) Access blocking decision shall be executed immediately and no later than four hours as of the notifications of the decision.
(6) In the case of identification by the President of the persons broadcasting the content that is subject of access blocking, The President shall file a criminal complaint to the public prosecutor’s office.
(7) If a decision is made that there is no need for prosecution as a result of the investigation, the access blocking decision is invalid spontaneously. In such case, the public prosecutor sends a copy of her decision of not to prosecute to the Authority.
(8) In the case of acquittal decision in the case of prosecution, the decision of access blocking is spontaneously void. In such case, the court sends an example of the acquittal decision to the Authority.
(9) In case the content constituting the offenses listed in the first paragraph is removed from the publication; the denial of access is removed by the public prosecutor in the course of the investigation and is removed by the court in the course of the prosecution.
(10) The responsibilities of the place or access providers that fail to comply with the precautionary prohibition of access, if the offense does not constitute another offense which requires heavier punishment, it shall be punished with fine from five hundred days up to three thousand days.
(11) In the event that the decision to prevent the access given as an administrative measure is not fulfilled, the President shall be given administrative fines to the access provider up to ten thousand Turkish Liras from a hundred thousand Turkish Liras. If the decision is not fulfilled within twenty-four hours after the administrative penalty is given, the Authority may decide to cancel the authorization.
(12) Against the fines by Authority because of wrongdoings defined in this Law, the persons shall go to law with the provisions of the Administrative Procedure Law numbered 2577 and dated 6/1/1982.
(13) (Appendix: 5/11/2008-5809/47 art.) An appeal may be lodged by the Authority in accordance with the provisions of the Code of Criminal Procedure No. 5271 dated 4/12/2004 for judge and court decisions sent to the Authority for carrying out the operations.
(14) (Appendix: 12/7/2013-6495/47 art.) Institutions and organizations defined in subparagraph (ç) of the first paragraph of Article 3 of the Law Regarding the Arrangement of Taxes, Funds and Shares Accepting Revenue of Chance Games dated 14/3/2007 and numbered 5602, may take the decision of blocking access to these publications in case they detect that the offenses entered into their own duty area are processed in the internet environment. Decisions to prevent access are sent to the Authority for implementation.
(15) (Appendix: 26/2/2014-6527/17 art.) According to this article, the decision of judge given at the stage of investigation and the decision of judge given according to 9th and 9/A are given by the criminal courts of peace determined by the Supreme Council of Judges and Prosecutors at places where there is more than one criminal court of peace.
(16) (Appendix: 10/9/2014-6552 / 127 art.; Cancellation: With the Decision of the Constitutional Court dated 10/2014 and E.: 2014/149, K.: 2014/151.)
Removal of content and/or blocking access in non-delayable cases
ARTICLE 8/A- (Appendix: 27/3/2015-6639/29 art.)
In cases related to one or more of the following: the protection of the right to life and individuals’ right to life and property, protection of national security and public order, prevention of crimes being committed, or the protection of general health; the judge or in, non-delayable cases, the Prime Ministry or where Ministries related to protection of national security and public order, the prevention of crimes being committed, or the protection of general health request it, the decision of blocking access and/or removing content on broadcasting on internet may be given by the President. The decision shall be communicated by the President to the access provider and to the relevant content and location providers immediately. The decision to remove the content and / or block access is fulfilled within four hours of the date of immediate and latest notification of the decision.
The decision of the President upon the requests of the Prime Ministry or the ministries concerned to remove the content and / or prevent the access shall be presented by the President within twenty-four hours to the approval of the judge of the criminal court of peace. The judge clarifies his decision within forty-eight hours; otherwise, the decision is invalidated automatically.
Decisions on the denial of access granted under this article are made by the methods of blocking access to the content in the form of a publication, section, part (URL, etc.) of the violation. However, in the event that the infringement cannot be prevented by technically preventing access to the infringing content or preventing access to the related content, it may be possible to block access to the whole website.
(4) A criminal complaint shall be filed against those who make and disseminate internet content that constitutes a crime in the scope of this article by the President to the Chief Public Prosecutor’s Office. The information necessary to reach the factions of these offenses is given to judicial authority by the content, location and access providers upon the judge’s decision. Responsibility for content, hosting, and access providers that do not provide such information is punishable by a fine from three thousand days up to ten thousand days if the act does not constitute another offense requiring more severe punishment.
(5) Administrative penalties from fifty thousand Turkish Liras up to five hundred thousand Turkish Liras are given by the President to the content providers and hosting providers about access providers that fail to comply with the decision to remove the content and / or prevent access in accordance with this article.
Removal of Content from Broadcasting and Access Blocking
ARTICLE 9 – (Amendment: 6/2/2014-6518/93 art.)
The real and legal persons, institutions and organizations claiming that the personality rights are violated due to the content published on the internet may ask to the content provider, or to the hosting provider if they cannot reach the content provider, to exclude the contents from the broadcasting by the warning method, and may also request to prevent access to the content by applying directly to the judge of the court of peace.
Requests of persons claiming violations of personality rights due to content published on the Internet are responded by the content and / or hosting provider within twenty-four hours at the latest.
Due to the contents of the publication made on the internet, judges may decide to prevent the access to the content mentioned in the scope of this article in the direction of the requests of those who have violated their personality rights.
The judge shall make his or her decision to deny access under this article mainly by means of denying access to the content in the form of a publication, section, part (URL, etc.) in which the infringement of the right of personality takes place. Unless it is compulsory, it cannot be decided to prevent access to the entire publication on the website. However, if the judge believes that the infringement can not be prevented by means of blocking the access by specifying the URL address, he may also decide to prevent access to the entire website on the internet, provided that the reason is stated.
Decisions by the judge to block the access under the scope of this article are sent directly to the Association.
The judge concludes the application made under the scope of this article at the latest within twenty-four hours without making a hearing. Objections can be made against this decision in accordance with the provisions of the Code of Criminal Procedure numbered 5271 dated 4/12/2004.
The judge’s decision is automatically void if access to the subject matter is removed from broadcasting.
The decision of blocking access to the content by the Association to the access provider shall be fulfilled by the access provider immediately within four hours at the latest.
If the publication of the violation of the subject personality right is also published on other internet addresses in the decision of prohibition of access given by the judge within the scope of this article, the present judgment shall also apply to those addresses if the person is applied to the Association.
The responsible person who does not fulfill the decision of the judge of the court of peace in accordance with the conditions stated in this article and duration of his case, shall be punished with fine up to three thousand days from five hundred days.
Blocking Access to Content Due to the Right to Privacy of Personal Life
ARTICLE 9/A-(Appendix: 6/2/2014-6518/94 art.)
(1) Persons claiming violation of the confidentiality of private life due to the contents of the Internet can ask the Authority to implement the measure to prevent access to the contents.
(2) This request contains the full address (URL) of the publication that caused the violation, a description of which aspects the violation was made on, and information to prove identity information. If the information is deficient, the request cannot be processed.
(3) The President shall immediately notify the Association of such request to be implemented, the access providers shall immediately fulfill this request within four hours at the latest.
(4) Blocking access is implemented by blocking access to the content (in the form of URL) about the broadcast, section, part, picture, video that violates privacy.
(5) The judge shall disclose his / her decision by evaluating whether the privacy of private life has been violated because of the content published on the internet within forty-eight hours at the latest and send it directly to the Authority; otherwise, the measure of the access blocking is abolished automatically.
(6) The President may object against this decision rendered by the judge accordance with the provisions of Law numbered 5271.
(7) The judge’s decision is automatically void if access to the subject matter is removed from broadcasting.
(8) In non-delayable cases subject to the violation of the privacy of the private life, the Authority shall block access directly by the order of the President. (Former sentence: 26/2/2014-6527/18 art.)
(9) (Appendix: 26/2/2014-6527/28 art.) in the scope of eighth subparagraph of this Article, the President’s decision to block access shall be presented to the judge of the court of peace within twenty-four hours. The judge will declare his/her decision in forty-eight hours.
Administrative Structures and Duties
ARTICLE 10 – (1) The duties assigned by law are fulfilled by the Authority.
(2) The following staffs attached to this Law, have been created and added to the list (II) attached to the Wireless Code numbered 2813 dated 5/4/1983 for use in the services of the Authority. (Former second and third sentence: 15/8/2016-SD-671/21 art.; Agreed as same: 9/11/2016-6757/18 art.)
(3) Purchases of any goods or services to be made in relation to the duties assigned to the Authority by the Law are subject to the provisions of the Public Procurement Law numbered 4734 dated 4/1/2002 and the Public Procurement Contracts Law dated 5/1/2002 and numbered 4735, excluding the prohibition works from penalties and tenders, are paid from the Authority’s budget.
(4) On the condition that without prejudice to any other authorities and duties assigned by law, the Authority’s duties and authorities under this Law are:
a) To prevent the activities and publications which have been made in the internet medium and constitute the crimes that fall within the scope of this Law by establishing coordination between the Ministry, the law enforcement agencies, the relevant public institutions and organizations and the content, the hosting and the access providers and the relevant civil society organizations, to ensure the safe use of the Internet, to do studies to improve the consciousness of knowledge, for this purpose, to create working committees that will be covered by the Authority in accordance with the principles and procedures to be determined by regulation when necessary,
b) To take necessary precautions foreseen in this Law to prevent access to these publications in case of the detection of crimes committed within the scope of this Law by watching the contents of publications made on the internet,
c) To determine the level, time, and style of watching the contents of broadcasts made on the internet,
d) To determine the principles and procedures for the systems and the regulations to be used in filtering and blocking the permits to be given to the mass user providers who provides mass use in a commercial way, on the part of the Authority by the authorization of operators and administrators of the local authorities,
e) To determine the minimum criteria for hardware production or software construction on the basis of filtering, screening and monitoring to be done in various open to public services on the internet,
f) To determine the minimum criteria for hardware production or software construction on the basis of filtering, screening and monitoring to be done in various open to public services on the internet,
g) To provide cooperation and coordination with international institutions and organizations in the field of informatics and internet,
h) To assist the authorized police forces and investigation authorities in preventing promotion, import, possessing, leasing and selling of any products with visual, written or audible content, subject of which is committing crimes listed under the first paragraph of the Article 8 of this Law; within technical possibilities, to provide all kinds of help and to maintain the coordination.
(5) (Amendment: 6/2/2014-6518/95 art.) The Authority makes any decisions or measures necessary to make proposals such as dissemination, development, widespread and safe use of the internet with The Internet Development Board established in accordance with the provisions of the Decree Law on the Organization and Duties of the Ministry of Transport, Maritime Affairs and Communications dated 26/9/2011 numbered 655 within the Ministry.
(6) (Appendix: 6/2/2014-6518/95 art.) Within the scope of national cyber security activities, the Authority coordinates activities with content, hosting, access providers and other related institutions and organizations regarding the detection and prevention of cyber attacks, conducts activities on taking necessary measures and carries out the necessary activities.
(7) (Appendix: 6/2/2014-6518/95 art.) The Authority may establish research and development centers for the purpose of carrying out duties assigned to it by law.
Regulations
ARTICLE 11- (1) The principles and procedures concerning the implementation of this Law shall be governed by the regulations to be issued by the Prime Ministry, taking the views of the Ministries of Justice, Home Affairs and Transport. These regulations shall be issued within four months from the date of entry into force of the Law.
(2) Regardless of whether or not the person who intends to operate as a hosting or access provider has the authorization document about communication via telecommunication, the principles and procedures regarding the obligations of the providers of location, access and mass use shall be regulated by the regulation to be issued by the Authority.
Amendments on Relevant Laws
ARTICLE 12- (1) (Related to the Telegram and Telephone Law dated 4/2/1924 and numbered 406 and it has been processed in its place.)
(2) (Related to the Police Duties and Authority Law dated 4/7/1934 and numbered 2559 and it has been processed in its place.)
(3) (Related to the Radio Law dated 5/4/1983 and numbered 2813 and it has been processed in its place.)
(4) (Related to the State Intelligence Services and National Intelligence Organization Law dated 1/11/1983 and numbered 2937 and it has been processed in its place)
ADDITIONAL ARTICLE 1 – (Appendix: 5/11/2008-5809/67 art.)
(Former: 15/8/2016-SD-671/21 art.; Agreed as same: 9/11/2016-6757/18 art.)
(Former: 15/8/2016-SD-671/21 art.; Agreed as same: 9/11/2016-6757/18 art.)
(Former: 15/8/2016-SD-671/21 art.; Agreed as same: 9/11/2016-6757/18 art.)
(Former: 15/8/2016-SD-671/21 art.; Agreed as same: 9/11/2016-6757/18 art.)
(Appendix: 6/2/2014-6518/97 art.) Employees in the public institutions and organizations that were counted in the second article of the Decree Law on the Establishment and Duties of the State Personnel Presidency dated 8/6/1984 and numbered 217, with the assent of their institutions, judges and prosecutors, on the other hand, with their own assent, may be temporarily assigned to the office of the Authority on the condition that monthly, allowance, all kinds of raise and compensations and other financial and social rights and benefits paid to their institutions.
(Appendix: 6/2/2014-6518/97 art.; Former 15/8/2016-SD-671/21 art.; Agreed as same: 9/11/2016-6757/18 art.)
The staffs in the cadre numbered (V) annexed to this Law have been created and added to the list (I) attached to the Law numbered 5651 for use in Telecommunication Communication Presidency services.
ADDITIONAL ARTICLE 2 – (Appendix: 6/2/2014-6518799 art.)
In order to carry out the duties assigned to the Authority, contracted personnel may be employed in the Authority in accordance with the provisions of the Civil Servants Law no. 657 dated 14/7/1965 and other laws concerning the employment of contracted personnel. By this means, the title, number, duration, fees and other particulars of the persons to be employed shall be determined according to the terms of service contract to be enacted by the Council of Ministers. The salary to be paid to them shall not be more than five times the ceiling of the contract fee applied for those who are employed according to the subparagraph (B) of the Article 4 of the Law No. 657, the total number of contracted personnel that can be employed shall not exceed two hundred and fifty and no payment shall be made except for the fee stated in this paragraph.
ADDITIONAL ARTICLE 3- (Appendix: 15/8/2016-SD-671/22 art.; Agreed as same: 9/11/2016-6757/19 art.)
Telecommunication Communication Presidency has been closed.
In other legislation, the references made to the Telecommunication Communication Presidency are considered to have been made to the Information Technologies and Communication Authority, and the references made to the to the President of the Telecommunication Communication are considered to have been made to the President of Information Technologies and Communication Authority.
TEMPORARY ARTICLE 1- (1) Expenses to be made for construction of the foundation building to be used by the Presidency shall be paid from the budget of the Authority without being subject to the provisions of Public Tender Law.
(2) Mass use providers who provide mass use in a commercial manner are obliged to obtain the permission document to be obtained according to the 7th article within six months from the date of entry into force of this Law.
(3) A certificate of authorization shall be issued by the Authority to persons acting as a place or access provider, for the purpose of carrying out its activities as a place or access provider, irrespective of whether or not the Authority is authorized to communicate by telecommunication.
TEMPORARY ARTICLE 2 – (Appendix: 5/11/2008-5809/67 art.)
(1) Those who have been taken to the profession by being subjected to a competition examination in accordance with their specific legislation in other public institutions and who have been given a proficiency examination or who have been appointed to the career profession by being successful in the thesis; satisfy the foreign language condition, may be appointed as communication specialists. Those who have completed their doctoral studies from those who have completed master’s or doctoral studies and who have completed the graduate or master’s thesis preparations which are related to the subject matter of the Institution or the Presidency, may be directly appointed as communication specialists. Those who have completed master’s degree may be appointed as communication specialists if they meet the foreign language requirement.
(2) Those who are personnel of Telecommunication Communication Presidency and who have graduated from a four-year faculty are required to complete the period of three years of service in the public and carry out the requirements stipulated in the Regulation to be issued and additionally prepare a thesis or prepare a master’s degree or doctorate with a thesis, may be assigned to expert cadre or executive expert cadre.
TEMPORARY ARTICLE 3 – (Appendix: 6/2/2014-6518/100 art.)
The foundation of the association shall be completed within three months from the date of publication of this Law.
(Amendment: 27/3/2015-6639/30 art.) Internet service providers and operators providing access services who have not yet become members of the Association must complete their membership within one month at the latest after the establishment of the association.
In case the Association cannot complete the establishment for the specified period, administrative fines shall be applied by the Authority to the internet service providers and to the other operators who provide internet access services at a rate of one percent of the net sales of the previous calendar year.
Administrative fines shall be imposed by the Authority on the non-member internet service providers or other operators providing internet access services within one month following the establishment of the Association at a rate of one percent of the net sales of the previous calendar year.
TEMPORARY ARTICLE 4 – (Appendix: 15/8/2016-SD-671/23 art.; Agreed as same: 9/11/2016-6757/20 art.)
The task of the Telecommunication Communication Commission shall expire on the date on which this Article enters into force and the provisions of Additional Article 18 of the Decree on the Law numbered 375 shall apply. The duties of the heads of department in the Telecommunication Communication Presidency shall come to an end on the date this article enters into force. Those who have previously captured the title of Communication Specialist are considered to be appointed to the positions of the Information Technology Specialists in Information Technology and Communication Authority.
Communication Experts and Communication Expert Assistants who are in charge of Telecommunication Communication Presidency and who are not evaluated as members, connection or affiliation to the structures, formations or groups that are determined to be active against the terrorist organizations or against the national security of the state that are decided by the National Security Council of the State Security, are assigned to Information Technologists and Communication Experts and the Assistant Specialist Assistant. As of the date on which they are deemed to have been appointed, staff have been created without regard to the provisions of the other laws and without any further procedure, and the Authority is deemed to have been added to the cadres in accordance with the relevant legislation. The time spent in the Expert and Expert Assistant shall be deemed to have been passed on to the staff of the Authority that they have been assigned.
Entry into Force
ARTICLE 13- a) Article 3 and Article 8 of this Law enter into force within six months as of the date of promulgation of this Law,
b) Remaining articles of this Law enter into force at the date of promulgation of this Law.
Execution
ARTICLE 14- (1) The Council of Ministers executes the provisions of this Law.