Obligations of social network providers determined

The Board decision of the Information Technologies and Communication Authority on the subject came into force after being published in the Official Gazette.

The decision, which determines the obligations of the social network provider and the procedures and principles regarding their implementation, covers domestic or foreign social network providers with more than one million daily access from Turkey. In the implementation of the said procedures and principles, the social network provider’s obligations will not eliminate its responsibilities and liabilities arising from being a content or hosting provider.

Natural or legal entities that include content for social interaction purposes only in a certain part of the publication on the Internet will not be considered as social network providers.

Platforms where content for social interaction is provided as a secondary and ancillary service, such as personal, electronic commerce and news sites, will also be excluded from the scope.

The foreign social network provider will designate at least one authorized person as a representative in Turkey.

It was required that these persons were established in Turkey and acquired legal personality according to Turkish legislation, and the representative or representatives designated as real persons were required to be Turkish citizens.

Representatives will ensure that notifications, notifications or requests sent by the relevant authorities are fulfilled, applications made by individuals within the scope of the relevant Law are answered, reporting, responsibilities and obligations arising from the social network provider being a content or hosting provider and other obligations under the law are fulfilled.

Domestic or foreign social network providers will respond to applications made by individuals regarding the content within the scope of the relevant articles of the Law. The social network provider will respond to applications positively or negatively, provided that the reason is stated, within 48 hours at the latest. Applications made in Turkish will be answered in Turkish.

User data will be hosted in Turkey

The social network provider will submit reports prepared in Turkish to the Authority every 6 months, containing statistical and categorical information regarding the implementation of the decisions to remove the content or block access notified to it and the applications to be made by individuals.

Domestic or foreign social network providers will take the necessary measures to host the data of users in Turkey in Turkey.

Penalties if no representative is determined

An administrative fine of 10 million lira will be imposed on the social network provider that does not fulfill its obligations regarding the appointment of a representative.

If the obligations regarding the appointment of a representative are not fulfilled within 30 days from the notification of the administrative fine, an additional administrative fine of 30 million lira will be imposed. If the obligations regarding the appointment of a representative are not fulfilled within 30 days from the notification of the second administrative fine, real and legal persons who are taxpayers resident in Turkey will be prohibited from placing new advertisements on the relevant social network provider.

If the obligations regarding the appointment of a representative are not fulfilled within 3 months after the date of the advertising ban decision, the President of the Information Technologies and Communication Authority may apply to the criminal judgeship of peace to reduce the internet traffic bandwidth of the social network provider by 50 percent.

If the obligations regarding the appointment of a representative are not fulfilled within 30 days from the implementation of the judge’s decision regarding the acceptance of the application, the President may apply to the criminal judgeship of peace to reduce the internet traffic bandwidth of the social network provider by up to 90 percent. In his decision to reduce the internet traffic bandwidth by up to 90 percent, the judge may determine a rate not lower than 50 percent, taking into account the nature of the service offered.

If the obligations regarding the appointment of a representative are fulfilled, one quarter of the administrative fines imposed will be collected, the advertising ban will be lifted and the judge’s decisions will automatically become null and void. Access providers will be notified by the Authority to end the intervention in internet traffic bandwidth.

5 million lira fine to the social network that does not respond to applications

An administrative fine of 5 million lira will be imposed on the social network provider that does not fulfill its obligation to respond to applications made by people.

An administrative fine of 10 million lira will be imposed on the social network provider that does not fulfill its reporting obligation. For each repetition of violations requiring administrative fines within a year, the penalties will be increased by one fold.

Source: https://www.aa.com.tr/tr/bilim-teknoloji/sosyal-ag-saglayicilarinin-yukumlulukleri-belirlendi/1992898

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