46. Do any other restrictions on online media advertisement (beyond limits) exist?
Turkey
Source: European Commission For Democracy Through Law (Venice Commission) (2016) Turkey Opinion on Law No. 5651 on Regulation of Publications on the Internet and Combating Crimes Committed By Means of Such Publication (“The Internet Law”) adopted by the Venice Commission at its 107th Plenary Session (Venice, 10-11 June 2016), COE, Strasbourg.
Source: OSCE/ODIHR (2018) Republic of Turkey Early Presidential and Parliamentary Elections, 24 June 2018 ODIHR Election Observation Mission Final Report, OSCE/ODIHR, Warsaw.
Source: Article 8A, Internet Ortamında Yapılan Yayınların Düzenlemesi ve Bu Yayınlar Yoluyla İşlenen Suçlarla Mücadele Edilmesi Hakkıinda Kanun, 2007 (as amended in 2015, Law No. 5651).
Source: Article 9, Internet Ortamında Yapılan Yayınların Düzenlemesi ve Bu Yayınlar Yoluyla İşlenen Suçlarla Mücadele Edilmesi Hakkıinda Kanun, 2007 (as amended in 2014, Law No. 5651).
Venice Commission underlined the deficiencies of Internet Law (On Regulation of Publications on the Internet and Combating Crimes Committed by Means of Such Publication) as follows: In order for Law No. 5651 to meet the applicable European standards, the Venice Commission formulates the following main recommendations (in addition to other recommendations contained in the text of the opinion) the procedures on access-blocking under Articles 8A, 9 and 9A… The requirement that the restriction must be “necessary in a democratic society” should be introduced in the provisions concerning the four access-blocking procedures
Source: European Commission For Democracy Through Law (Venice Commission) (2016) Turkey Opinion on Law No. 5651 on Regulation of Publications on the Internet and Combating Crimes Committed By Means of Such Publication (“The Internet Law”) adopted by the Venice Commission at its 107th Plenary Session (Venice, 10-11 June 2016), COE, Strasbourg.
The Constitution contains a general provision regarding the right to freedom of expression, but also restrains it by allowing restrictions on media, including under Anti-Terror and Internet Laws. The Criminal Code contains broad defamation provisions, including for offending the nation and the State, public officials and the president. The OSCE RFoM has repeatedly called on the authorities “to engage in a fundamental reform of the laws that criminalize journalistic work, including the Press Law, provisions of the Criminal Code and the Anti-Terror Law.
Source: OSCE/ODIHR (2018) Republic of Turkey Early Presidential and Parliamentary Elections, 24 June 2018 ODIHR Election Observation Mission Final Report, OSCE/ODIHR, Warsaw.
The above mentioned provisions are provided as follows:
[...] the President [of the Information Technology and Communication Authority] may decide to remove the content and / or prevent the access to be published in cases where the delay is inconvenient, upon the request of the President of the Republic, or ministries regarding the protection of the national security, prevention of crime or protection of general health. [...]
[...] the decision is submitted to the approval of the magistrate judge within twenty-four hours by the President. The judge announces his/her decision within forty-eight hours; otherwise, the decision goes away on its own. [...]
Source: Article 8A§1, On Regulation of Publications on the Internet and Combating Crimes Committed by Means of Such Publication, 2007 (as amended in 2015, Law No. 5651).
[...]Natural and legal persons and institutions and organizations that claim that their personal rights have been violated due to the content of the broadcast made on the internet may request the content provider to remove publication by applying to the place provider or appealing directly the magistrate judge and requesting the content to be blocked. [...]
Source: Article 9§1, On Regulation of Publications on the Internet and Combating Crimes Committed by Means of Such Publication, 2007 (as amended in 2014, Law No. 5651).
[...]The President [of the Information Technology and Communication Authority] notifies the Union [of Service Providers] immediately to apply this request to him, and the providers will fulfill this request within four hours at the latest. [...]
Source: Article 9A§3, On Regulation of Publications on the Internet and Combating Crimes Committed by Means of Such Publication, 2007 (as amended in 2014, Law No. 5651).
