Regulation to Fight Disinformation Entered into Pressure

Regulation to combat disinformation

The Press Law, known as the “anti-disinformation regulation”, and in some Laws The Law on Making Amendments entered into force after being published in the Official Gazette.

According to the law, internet news sites and issues related to press cards will be included in the scope of the Press Law, and public personnel working in the information services of radio, television, public institutions and organizations will be considered like periodicals employees in terms of issuing press cards.

Determining the procedures and principles regarding the press card will be added to the objectives of the Press Law. Media members and information officers requesting a press card will be included in the scope of the law.

Internet news sites will also be included in the definition of periodicals. The regulation also defines “web news site”, “Communication Officer”, “Communication Department”, “Press Card Commission”, “media member”, “information officer”.

The workplace address, trade name, e-mail address, contact phone and electronic notification address, as well as the name and address of the hosting provider on the internet news sites will be kept under the “contact” heading in a way that users can directly access from the home page.

The date when a content is first presented on internet news sites and the next update dates will be indicated on the content, in a way that will not change each time it is accessed.

The electronic notification address will also be shown in the declaration submitted for registration.

The prohibition of broadcasting will not be applied in terms of internet news sites. If the internet news site does not comply with the provision, the Office of the Chief Public Prosecutor will request that the deficiencies be corrected or the untrue information corrected from the internet news site within 2 weeks. In case the request is not fulfilled within 2 weeks, the Office of the Chief Public Prosecutor’s Office shall be deemed to be an internet news site. kazanHe will apply to the criminal court of first instance to determine whether he is not. The court will give its decision within 2 weeks at the latest.

If the application is accepted, the official announcements and advertisements that can be provided for internet news sites and the rights of the employees regarding the press card will be eliminated. The removal of the rights provided for the internet news site will not prevent the enforcement of the sanctions envisaged in accordance with this law or the relevant legislation.

Delivery and storage obligation

The contents published on the internet news site will be kept for 2 years in a correct and complete manner, to be delivered to the requesting Chief Public Prosecutor’s Office when necessary.

In case of a written notification to the internet news site that the publication is the subject of investigation and prosecution by the judicial authorities, it will be obligatory to keep the record of the publication subject to the investigation and prosecution until the notification of the conclusion of these proceedings.

The responsible manager will be obliged to publish the correction and reply letter of the injured person on the internet news sites, in the same fonts and in the same way, without any corrections or additions, on the pages and columns of the relevant publication, by providing a URL link, within one day at the latest from the date of receipt of the article. In the event that the decision to block the access and/or remove the content about the publication is implemented or the content is automatically removed by the website, the correction and response text will be published on the website where the relevant publication is made for a period of 24 week, the first 1 hours of which is on the home page.

Criminal cases pertaining to other crimes committed through printed works or internet news sites or stipulated in this law will have to be opened within 4 months for daily periodicals and internet news sites, and within 6 months for other printed works, as a condition of reasoning. These periods will start from the date the printed works are delivered to the Office of the Chief Public Prosecutor, and for internet news sites, from the date of the report of the crime.

Press card application, nature and types determined

The law also determined the press card application, its nature and types. Accordingly, the press card application will be made to the Directorate of Communications. The press card will be accepted as an official identity document.

Press card types are:

– Mission-related press card: Press card given to Turkish citizen media members and information officers working for a media organization,

– Timed press card: Press card given to foreign media members whose field of duty covers Turkey,

– Temporary press card: The press card given to foreign media members who come to Turkey for news for a temporary period, although their field of duty does not cover Turkey,

– Free press card: The press card given to members of the media who do not work temporarily or do freelance journalism abroad,

– Permanent press card: It will mean a lifetime press card given to media members and information officers who have at least 18 years of professional service.

The press card is issued to Turkish citizens of media organizations operating in Turkey, owners of periodicals or representatives of legal entities and chairman of the board of directors of radio and television, foreign media members who act on behalf of media organizations and whose scope of duty covers Turkey. Although it does not cover Turkey, foreign media members who come to Turkey for news for a temporary period, Turkish citizen owners and employees of media organizations broadcasting abroad, Turkish citizen media members doing freelance journalism abroad, public institutions and organizations serving in the field of media and public institutions It can be given to public personnel working in the information services carried out by trade unions and organizations, and to the managers of unions and associations and foundations that are found to be operating in the public interest, provided that they operate in the media field.

In order to apply for a press card, applicants must have completed the age of 18, graduated from at least a high school or an equivalent educational institution, and not be restricted or banned from public services.

In addition, even if the deadlines specified in Article 53 of the Turkish Penal Code have passed in order for those who request a press card to apply; imprisonment for 5 years or more for an intentionally committed crime or for blackmail, theft, forgery, fraud, breach of trust, perjury, perjury, slander, fabrication, obscenity, prostitution, fraudulent bankruptcy, embezzlement, extortion, bribery, smuggling, bid rigging, fraudulent execution, laundering of property values ​​arising from crime, crimes against sexual immunity, crimes against public peace, crimes against the constitutional order and the functioning of this order, crimes against national defense, crimes against state secrets, espionage must not have been convicted of crimes or terrorism offenses.

Those who request a card will also be required to have made a contract in accordance with the provisions of the Law on the Regulation of Relationships between Employees and Employees in the Media Profession, to work without interruption for a period of not more than one month from the date of dismissal, except for force majeure, and not to engage in commercial activities other than media activities.

For those who request a press card from periodical broadcasters or representatives of legal entities, the chairman of the board of directors of radio and television, the employees who can get a press card in public institutions and organizations, and the members of the Turkish media working in foreign press-broadcasting organizations, who request a press card, The conditions of “having made a contract in accordance with the provisions of the Law on the Law, working without interruption for a period of not more than 1 month from the date of dismissal, except for force majeure, and not engaging in commercial activities other than media activities” shall not be sought.

Those who request a permanent and free press card and those who request a press card connected to duty through the Turkish Radio and Television Corporation (TRT) must have made a contract in accordance with the provisions of the Law on the Regulation of Relationships Between Employees and Employees in the Profession of the Press and not be more than 1 month from the date of dismissal, except for force majeure reasons. The condition of “working without interruption” will not be sought.

If they certify that they are assigned by the media organization, have a work permit in accordance with the International Labor Law, and present a letter of introduction received from the embassy, ​​embassy or consulate in Turkey of the country where the headquarters of the organization they are affiliated with, to the foreign media members who request a press card, card can be issued.

The Press Card Commission will consist of 19 members. In addition to the 3 members representing the Presidency, the commission will include 2 members to be determined by the union with the highest number of press card holders among the unions operating as a labor union, and 3 members to be determined by the Presidency from among the deans of the communication faculty or journalists holding press cards. The term of office of the members will be 2 years. Members whose term has expired can be re-elected.

Commission; will decide whether to carry a press card by evaluating the applicant’s qualifications, professional studies, works and awards.

Reasons for cancellation of press cards determined

According to the Law, if it is understood that the holder of the press card does not have the qualifications specified in the law or has subsequently lost these qualifications, the press card will be canceled by the Directorate of Communications.

If the press card holder acts against the moral principles of the press, the press card will be canceled by the decision of the Press Card Commission.

In case the press card is canceled by the Directorate of Communications due to the fact that it is understood that the press card holder does not have the required qualifications or has lost these qualifications, the press card will not be issued again until 1 year has passed from the date the card was returned.

The specified periods will start to run from the date the canceled press card is returned.

Press cards will not be issued to persons who are convicted of a crime in their criminal record that prevents the issuance of a press card, unless these convictions are deleted from the criminal record or it is decided to restore the prohibited rights.

The form of the press cards to be issued by the Directorate of Communications, the conditions to be sought in media organizations, the quotas, the determination of the Press Card Commission, the working and decision-making procedures, the types of applications and the documents to be requested in the application will be regulated by a regulation to be issued by the Directorate of Communications.

Internet news sites operating before the effective date of the law will have to fulfill their obligations within three months from the effective date of the law.

Press cards, which were duly issued before the effective date of the regulation, will continue to be valid, provided that they meet the necessary conditions.

The number of members of the Press Advertisement Institution General Assembly will increase to 42

By law, 36 representatives from internet news sites that will publish official announcements, 2 representatives from the BTK and RTÜK, which carry out transactions related to radio, television and internet sites, will be added to the General Assembly of the Press Advertisement Institution, which consists of 2 people. The number of members of the General Assembly will increase to 2.

Since the records of all Anatolian newspapers are kept in the Press Advertisement Institution, with the institution in charge throughout the country, the election of the representatives of Anatolian newspaper owners will be organized by the General Directorate of the Press Advertisement Institution instead of the Directorate of Communications.

Representatives of Anadolu newspaper owners who will attend the General Assembly will be selected from different geographical regions at the meeting to be attended upon the call of the General Directorate, by Anadolu newspaper owners publishing official advertisements or by the representatives of these newspapers separately. The duties of existing members will continue until new members are determined.

Official announcements and advertisements to be published on internet news sites

At the end of each month, the General Directorate of the Press Advertisement Institution will announce a list containing the names and qualifications of the positions and internet news sites on which official announcements and advertisements can be placed, on the internet sites of the institution.

The scope and principles of official announcements and advertisements to be published on internet news sites will also be determined. Thus, it will be possible to publish official announcements and advertisements on internet news sites through the Press Advertisement Agency.

The General Assembly is authorized to determine the procedures and principles regarding the copying of the advertisements published through the Press Advertisement Agency or subjecting them to commercial activities. kazanbeing yelled.

Accordingly, official announcements that are obligatory to be published in accordance with the Law, Presidential Decree and regulations, excluding those published in the Official Gazette, and announcements and advertisements to be published on the websites of departments and organizations, other establishments established by law or Presidential Decree or their affiliates can only be published through the Press Advertisement Institution. will be published with

The copying, publishing, publishing and commercial activities of the advertisements and advertisements published through the Institution shall be subject to the permission of the Institution.

The advertisements of the institutions and organizations affiliated to the Presidency, the Ministries, affiliated, related or related institutions and organizations, other institutions and organizations whose publication is compulsory on their own website will also be mandatory to be published on the Press Announcement Agency Announcement Portal. No fee will be charged for the publication of these advertisements on the Press Advertisement Agency Advertisement Portal.

Since the task of publishing official announcements and advertisements on internet news sites is given to the Press Advertisement Agency, the sanctions applied to newspapers and magazines will also be applied to internet news sites.

In order to eliminate the doubts about the judicial authority to which the sanctioned newspapers, magazines and internet news sites will apply, the place of court will be changed to the court of first instance in the place where the General Directorate of Press Advertisement Agency is located, the decision-making period of the court, which is 15 days, will be abolished and a simple trial procedure will be brought.

Against the decision of the Board of Directors, within 10 days from the notification of the decision, an objection can be made to the court of first instance in the place where the General Directorate of Press Advertisement Institution is located.

Responsibilities of those who will publish official announcements and advertisements on internet news sites

The responsibilities of those who will publish official announcements and advertisements on internet news sites are also included in the law.

The qualifications and responsibilities of those who will publish official announcements and advertisements on internet news sites, as well as the procedures and principles regarding broadcasting will be determined by a regulation to be issued by the General Assembly of the Press Advertisement Institution within 6 months from the effective date of the law.

The discretion of whether the sales of movable and immovable properties within the scope of the Enforcement and Bankruptcy Law can be announced through the newspaper will be left to the discretion of the enforcement offices. It is aimed to eliminate the differences in the practices arising from this authority performed by the enforcement officers and to have these announcements published on the internet news sites.

Announcements to be made on the electronic sales portal and the Press Advertisement Agency Advertisement Portal will be kept open until the end of the auction.

For sales with a total appraisal value of up to 500 thousand Turkish liras, whether an announcement will be made in a newspaper or an internet news site will be decided by the enforcement office, taking into account the interests of those concerned, but those with a total appraised value of more than 500 thousand Turkish lira and less than 2 million Turkish lira will not be able to publish an official advertisement at the place of sale. It will be announced in a local newspaper or an internet news site that has the right.

If there is no local newspaper or internet news site management that has the right to publish an official advertisement in the place where the sale will be made, the advertisement will be announced through a local newspaper or an internet news site that has the right to publish an official advertisement in another broadcasting place within the same provincial boundaries to be determined by the enforcement office.

Those with a total estimated value of 2 million TL or more will be published in an internet news site or in a newspaper that has the right to publish an official advertisement, which is distributed and offered for sale throughout the country, and whose actual daily sales are above 50 thousand at the date of the advertisement request.

Announcements to be published in newspapers or internet news sites will be announced simultaneously on the Press Advertisement Agency Announcement Portal.

No fee will be charged for the advertisements to be published on the Press Advertisement Agency Advertisement Portal.

Monetary limits will be updated by the Ministry of Justice based on the annual producer price index in December of the previous year and announced in the Official Gazette, effective from 1 February each year. The aforementioned monetary limits may be updated by the President’s decision, again upon the proposal of the Ministry of Justice, in cases of emergency.

Errors in the text announced in the newspaper, on the internet news site, on the electronic sales portal or on the Press Advertisement Agency Advertisement Portal will be corrected only in the electronic sales portal without changing the tender date.

Imprisonment for those who publicly disseminate false information in a manner suitable to disturb the public peace

According to the Law, official announcements will also be published on internet news sites, the conditions of which will be determined by the General Assembly of the Press Advertisement Institution.

Tenders can be announced in a newspaper published at the place where the work will be done, as well as on an internet news site. If there is no newspaper or internet news site management in the place where the tender will be held, the announcement will be placed on the Press Advertisement Agency Announcement Portal within the same period.

Internet news sites will also be added to the sections of the Press Law containing the regulations on “Criminal and Legal Responsibilities”.

Anyone who publicly disseminates false information about the internal and external security, public order and general health of the country, with the motive of creating anxiety, fear or panic among the public, in a way that is suitable for disturbing the public peace, will be sentenced to imprisonment from 1 year to 3 years. If the perpetrator commits the crime by concealing his real identity or within the framework of the activities of an organization, the penalty in question will be increased by half.

The decisions of the criminal chambers of the regional court of appeal, which were given for the crime of “publicly disseminating misleading information to the public”, can be appealed.

The scope of duty of the Access Providers Association is being redefined in a way to cover the regulations in other laws regarding the implementation of the decisions to block access as well as the decisions to remove the content.

In order to ensure correct and fast data flow between the Union and the access providers at the point of notification of decisions, the obligation to install the necessary software and hardware is brought by the access providers.

The Access Providers Association is given the opportunity to notify the relevant content or hosting providers of court decisions regarding the removal and/or blocking of access to the content received via e-mail.

Due to the dispersed and dynamic nature of the Internet, the domestic-foreign distinction is abolished, and uniformity is ensured in the blocking authority of the President, in order to eliminate the problems experienced in determining where the content or hosting provider is located, and the resulting discussion of authority, and to combat catalog crimes more effectively.

Content that constitutes a crime against the activities and personnel of the National Intelligence Agency will be included in the catalog crimes.

In the event that the publication regarding the violation of the personal right, which is the subject of the decision to remove the content given by the judge or to block access, is also published on other internet addresses, the current decision will also be applied to these addresses, if the relevant person applies to the Association. The objection against the acceptance of the application by the Union shall be made to the judge who made the decision. The provision of this paragraph shall not be applied in the decisions to block access to the entire broadcast on the website.

Obligations of social network providers

With the law, if the representative of the social network provider from abroad, whose daily access is more than 1 million from Turkey, is a real person, this person will be a Turkish citizen residing in Turkey.

If the daily access from Turkey is more than 10 million, the real or legal person representative determined by the social network provider of foreign origin is fully authorized and responsible technically, administratively, legally and financially, without prejudice to the responsibilities of the social network provider, and if this representative is a legal person It will be mandatory to have a branch established directly by the social network provider as a capital company.

Reports submitted by social network providers to ICTA; Header tags will also contain information on their algorithms, advertising policies, and transparency policies for boosted or deprecated content. Social network providers will be obliged to provide the information requested by the institution to the institution.

They will create an ad library and publish it on the website.

The social network provider is obliged to treat its users equally and impartially, and the report to be submitted to the BTK will also include the measures taken in this regard. The social network provider will take the necessary measures in cooperation with the BTK in its own system, mechanism and algorithm regarding the content related to the crimes within the scope of this law and the title tags not to be published, these measures will be included in its report.

The social network provider will make a clear, understandable and easily accessible place on its website which parameters it uses when offering suggestions to users.

The social network provider will list in its report the necessary measures it has taken to provide users with the option to update their preferences for the content it offers and to limit the use of their personal data. The social network provider will create an ad library containing information such as content, advertiser, ad duration, target audience, number of people or groups reached, and publish it on the website.

Content related to the crimes in the TCK will be given to the judicial authorities.

Creating or disseminating internet content subject to sexual abuse of children, publicly disseminating misleading information, disrupting the unity and integrity of the state, crimes against the constitutional order and the functioning of this order, crimes against state secrets and espionage, which are included in the Turkish Penal Code (TCK). The information necessary to reach the perpetrators will be given to the judicial authorities by the public prosecutor during the investigation phase, and by the representative of the relevant social network provider in Turkey, upon the request of the court where the trial is conducted during the prosecution phase.

If this information is not given to the requesting Chief Public Prosecutor’s Office or the court, the relevant public prosecutor may apply to the Ankara Criminal Judgeship of Peace with a request to reduce the internet traffic bandwidth of the overseas social network provider by 90 percent.

If a decision is made to reduce the bandwidth of internet traffic, this decision will be sent to the BTK to be notified to the access providers. The requirement of the decision will be fulfilled by the access providers immediately and within 4 hours at the latest from the notification. If the social network provider fulfills its obligations, the sanctions will be lifted and the BTK will be notified.

The social network provider will take the necessary measures to provide segregated services specific to children.

Advertising and band reduction ban

Without prejudice to the administrative measures, in the event that the decision to remove the content and/or block access given by the President of the BTK is not fulfilled, the taxpayer real and legal persons residing in Turkey are prohibited from advertising to the relevant foreign social network provider for up to 6 months. can be decided by In this context, no new contract will be established and money transfer will not be made. Advertising ban decision will be published in the Official Gazette.

The BTK President will be able to apply to the criminal judgeship of peace to reduce the internet traffic bandwidth of the social network provider by 50 percent until the decision to remove the content and/or block access is fulfilled, as well as the decision to ban advertising. If the social network provider does not fulfill the decision to remove the content and/or block the access within 30 days after the judge’s decision in this direction is notified to the relevant social network provider, the BTK President has submitted a request to the Criminal Judgeship of Peace to reduce the internet traffic bandwidth of the social network provider up to 90 percent. can be applied.

Decisions made by the judge will be sent to the BTK to be notified to the access providers. The requirements of the decisions will be fulfilled by the access providers immediately and within 4 hours at the latest from the notification. If the social network provider fulfills the requirement of the decision to remove the content and/or block access and notifies the BTK, only the restriction of internet traffic bandwidth will be lifted.

Penalties of up to 100 thousand liras for those who violate the advertising ban

If the administrative fines imposed by the President of the BTK are not paid more than once within 1 year within the legal period, the President may decide to prohibit new advertisements to the social network provider of foreign origin by taxpayer real and legal persons residing in Turkey for up to 6 months. In this context, the President of the BTK will be able to decide to impose an administrative fine from 10 thousand lira to 100 thousand lira to taxpayer real and legal persons residing in Turkey who violate the advertising ban.

The social network provider will comply with the regulations regarding user rights to be made by the BTK.

The social network provider will be obliged to act in accordance with the principle of accountability, to ensure transparency in the implementation of the law, and to provide all necessary information and documents regarding the implementation of the law to the BTK when requested by the BTK.

The social network provider will establish an effective application mechanism in cooperation with BTK for the removal of title tags and featured content by warning method. The social network provider will be directly responsible for the crime committed through the publication of someone else’s content through title tags or featured content, if the illegal content has been notified to it, but has not been removed immediately and within 4 hours at the latest from the notification of the content.

Compliance of the social network provider with the law

The social network provider will share the content and the information about the creator of the content with the authorized law enforcement units in case of learning the content that endanger the life and property safety of the people and in case of delay.

BTK will be able to request all kinds of explanations from the social network provider regarding the social network provider’s compliance with this law, including corporate structure, information systems, algorithms, data processing mechanisms and commercial attitudes. The social network provider will provide the information and documents requested by the BTK within 3 months at the latest. BTK will be able to inspect the social network provider’s compliance with the law at all facilities of the social network provider.

The social network provider will be responsible for creating a crisis plan for emergency situations affecting public safety and public health and notifying the institution.

The ICTA President will be able to impose an administrative fine of up to 3 percent of its global turnover in the previous calendar year, to the social network provider that does not fulfill its obligations specified in the law.

Regulation on over-the-network service

The concepts of “over-network service” and “over-network service provider” are added to the Electronic Communications Law.

“Over the network service” means interpersonal electronic communication services within the scope of audio, written and visual communication provided to subscribers and users with internet access, independently of the operators or the internet service provided, through a software open to the public; On the other hand, “over-network service provider” shall mean the natural or legal person providing the services falling within the scope of the definition of over-network service.

BTK is authorized to make the necessary arrangements regarding over-network services and to take the relevant measures.

Over-the-network service providers will carry out their activities within the framework of the authorization to be made by the BTK through their fully authorized representatives in the status of joint stock companies or limited liability companies established in Turkey.

Over-the-network service providers who do not fulfill the obligations stipulated in the law or provide services without authorization can be fined from 1 million lira to 30 million lira.

The Authority may decide to reduce the internet traffic and bandwidth of the over-the-network service provider, which does not pay the administrative fine in due time and does not fulfill the obligations stipulated in the Authority regulations within 6 months from the notification to be made by the Authority, or provides services without authorization, or to block access to the relevant application or website. .

The article of the regulation regulating the announcement of the internet news sites where official announcements and advertisements can be made to the public through the websites of the Press Announcement Agency, the article regulating the scope and principles of the official announcements and advertisements to be published on the internet news sites, the article regulating the application of the sanctions applied for newspapers and magazines to the internet news sites, The article regulating free broadcasting on the Press Announcement Agency Announcement Portal, where the announcements related to execution, tender, notification and personnel can be easily accessed from a single center, the article regulating the announcement of tenders on the internet news site, the regulation regarding the criminal and legal responsibilities of internet news sites and the employees of internet news sites. The article that envisages to be included in the scope of the Law on the Regulation of Relationships Between Employees and Employees in the Press Profession will enter into force on April 1, 2023, and the other provisions will enter into force on the date of publication.

THE LAW ON AMENDING THE PRESS LAW AND SOME LAW

Law No: 7418
Accepted: 13 / 10 / 2022

ARTICLE 1- The first paragraph of Article 9 of the Press Law dated 6/2004/5187 and numbered 1 has been changed as follows, and the phrase “broadcast” in the second paragraph has been changed to “websites with publication” and the following paragraph has been added to the article.

“The purpose of this Law is to determine the principles and procedures regarding the freedom of the press and the use of this freedom and the press card.”

“Media members and information officers who request a press card in terms of issuing a press card are included in the scope of this Law.”

ARTICLE 2- In the subparagraph (c) of the first paragraph of Article 5187 of the Law No. 2, the phrase “and internet news sites” comes after the phrase “broadcasts”; The phrase “who records or edits the visual or audio content” is added after the phrase “who makes the cartoon” in paragraph (i) and the following paragraphs are added to the paragraph.

“m) Internet news site: Periodical publication established and operated on the Internet to present written, visual or audio content that is news or commentary at regular intervals,

1. n) Press card: The identity card given by the Presidency to the persons specified in this Law,
2. o) President: Head of Communications,

ö) Presidency: Communication Presidency,

1. p) Commission: Press Card Commission,
2. r) Media member: Employees of radio, television and periodicals who carry out press-broadcasting activities,
3. s) Information officer: Public personnel working in the State information services run by public institutions and organizations,

ARTICLE 3- The following paragraphs have been added to Article 5187 of the Law No. 4.

“In addition, on the internet news sites, the workplace address, trade name, e-mail address, communication phone and electronic notification address, as well as the name and address of the hosting provider, are kept under the communication heading in a way that users can directly access from the home page.

On internet news sites, the date when a content is first presented and the next update dates are indicated on the content in a way that does not change each time it is accessed.

ARTICLE 4- The phrase “and electronic notification address” has been added after the phrase “type” in the second paragraph of Article 5187 of the Law No. 7.

ARTICLE 5- The following paragraphs have been added to Article 5187 of the Law No. 8.

“The ban on broadcasting regulated in the first paragraph does not apply to internet news sites. In case the internet news site does not comply with the provision of this article, the Chief Public Prosecutor’s Office requests the internet news site to correct the deficiencies or correct the untrue information within two weeks. In the event that the request is not fulfilled within two weeks, the Office of the Chief Public Prosecutor will be deprived of the internet news site qualification. kazanapplies to the criminal court of first instance in order to determine whether The court gives its decision within two weeks at the latest. An appeal can be made against this decision.

In case the application is accepted, the official announcement and advertisement that can be provided for the internet news sites and the rights of the employees regarding the press card are eliminated. The abolition of the rights provided for the internet news site does not prevent the enforcement of the sanctions envisaged in accordance with this Law and/or the relevant legislation.”

ARTICLE 6- The title of Article 5187 of the Law No. 10 was changed to “Delivery and Preservation Obligation” and the following paragraphs were added to the article.

“The content published on the internet news site is kept for two years in a way that its accuracy and integrity is ensured, to be delivered to the requesting Chief Public Prosecutor’s Office when necessary.

In case of a written notification to the internet news website that the publication is the subject of investigation and prosecution by the judicial authorities, it is obligatory to keep the record of the publication subject to the investigation and prosecution until the notification of the conclusion of these proceedings.

ARTICLE 7- The following sentences have been added to the first paragraph of Article 5187 of the Law No. 14.

“On the internet news sites, the correction and reply letter of the injured person; The responsible manager is obliged to publish the article in the same fonts and in the same way, by providing a URL link, within one day at the latest, from the date of receipt of the article, without making any corrections or additions. In case the decision to block the access and/or remove the content about the publication is implemented or the content is automatically removed by the internet news site, the correction and response text is published on the internet news site where the relevant publication is made for a week, the first twenty-four hours of which are on the main page.

ARTICLE 8- The title of Article 5187 of the Law No. 17 was changed as “Failure to comply with the delivery and preservation obligation”, and the phrase “printer” in the first paragraph was changed to “the publisher and the website news site responsible manager who does not fulfill the delivery and preservation obligation”.

ARTICLE 9- In the first paragraph of Article 5187 of the Law No. 26, the phrase “or internet news sites” comes after the phrase “published works”, the phrase “and internet news sites” comes after the phrase “daily periodicals”, and the phrase “date of delivery” in the second paragraph For internet news sites, the phrase “the date on which the report of a crime is made” has been added.

ARTICLE 10- The following additional article is added to the Law No. 5187.

“Press card application, its nature and types

ADDITIONAL ARTICLE 1- Press card application is made to the Presidency.

A press card is an official identity document.

Press card types consist of the following:

1. a) Mission-related press card: Press card given to Turkish citizen media members and information officers working for a media organization,
2. b) Timed press card: Press card given to foreign media members whose field of duty covers Turkey,
3. c) Temporary press card: The press card given to foreign media members who come to Turkey for news for a temporary period, although their field of duty does not cover Turkey,

ç) Free press card: The press card given to Turkish citizen media members who do not work temporarily or do freelance journalism abroad,

1. d) Permanent press card: A lifetime press card given to media members and information officers who have at least eighteen years of professional service,

means.”

ARTICLE 11- The following additional article is added to the Law No. 5187.

“People who can get a press card

ADDITIONAL ARTICLE 2- Press card;

1. a) Turkish citizen media members of media organizations operating in Turkey,
2. b) Owners of periodicals or representatives of legal entities and chairman of the board of directors of radios and televisions,
3. c) Foreign media members who act on behalf of media organizations and whose mandate covers Turkey, and foreign media members whose mandate does not cover Turkey, but who come to Turkey temporarily for news purposes,

ç) Owners and employees of Turkish citizens of media outlets broadcasting abroad,

1. d) Turkish citizen media members who do freelance journalism abroad,
2. e) Public personnel working in public institutions and organizations serving in the field of media and information services provided by public institutions and organizations,
3. f) Managers of unions and associations and foundations that are found to be active in the public interest, provided that they operate in the field of media,

request. “

ARTICLE 12- The following additional article is added to the Law No. 5187.

“Requirements for people who can get a press card

ADDITIONAL ARTICLE 3- For those who request a press card to apply;

1. a) Having completed the age of 18,
2. b) Graduated from at least a high school or an equivalent educational institution,
3. c) It is not restricted or prohibited from public services,

ç) Even if the periods specified in Article 26 of the Turkish Penal Code dated 9/2004/5237 and numbered 53 have passed; imprisonment for five years or more for an intentionally committed crime or for blackmail, theft, forgery, fraud, breach of trust, perjury, perjury, slander, fabrication, obscenity, prostitution, fraudulent bankruptcy, embezzlement, extortion, bribery, smuggling, bid rigging, rigging of performance, laundering of property values ​​arising from crime, crimes against sexual immunity, crimes against public peace, crimes against the constitutional order and the functioning of this order, crimes against national defense, crimes against state secrets and espionage not be convicted of crimes,

1. d) He has not been convicted for the terrorist crimes listed in Article 3 of the Anti-Terrorism Law and the crimes committed with the aim of terrorism listed in Article 4, or for the crimes specified in Article 6, and in accordance with Article 7 of the Law No. 2 on the Prevention of Financing of Terrorism, dated 2013/6415/4,
2. e) Not having been convicted of the crimes in the second paragraph of Article 25 of this Law,
3. f) To have made a contract in accordance with the provisions of the Law on the Regulation of Relations between Employees and Employees in the Press Profession dated 13/6/1952 and numbered 5953 and to work without interruption for no more than one month from the date of quitting, except for force majeure,
4. g) Not to engage in commercial activities other than media activities,

It is essential.

Periodical broadcasters or legal entity representatives requesting a press card, chairman of the board of directors of radio and television, employees who can obtain a press card in public institutions and organizations, and Turkish citizen media members working in foreign press-broadcasting organizations, who request a press card, are subject to the provisions of the first paragraph (f) and (g). ) clauses are not required.

The condition specified in subparagraph (f) of the first paragraph shall not be sought for those who request a permanent and free press card and those who request a press card connected to a duty through the Turkish Radio and Television Corporation.”

ARTICLE 13- The following additional article is added to the Law No. 5187.

“Requirements for foreign media members who can get a press card

ADDITIONAL ARTICLE 4- To foreign media members requesting a press card;

1. a) Certifying that they are assigned by the media organization,
2. b) Having work permits in accordance with the International Labor Law No. 28 dated 7/2016/6735,
3. c) Submit the letter of introduction received from the embassy, ​​embassy or consulate in Turkey of the country where the headquarters of the organization they are affiliated with,

In this case, a press card may be issued by the Presidency on the basis of reciprocity.

For those who are not insured within the scope of subparagraph (a) of the first paragraph of Article 31 of the Social Security and General Health Insurance Law dated 5/2006/5510 and numbered 4 and who request a temporary press card, it is obligatory to obtain a work permit in accordance with the Law no. 6735. Work permit applications within the scope of this paragraph are considered exceptional within the framework of Article 6735 of the Law No. 16.”

ARTICLE 14- The following additional article is added to the Law No. 5187.

“Press Card Commission

ADDITIONAL ARTICLE 5- Commission;

1. a) Three members representing the Presidency,
2. b) Except for the higher organizations formed by merging of professional organizations of media and broadcasting; A member to be determined by the professional organization with the highest number of press card holders among the professional organizations established by the owners and/or employees of the periodicals,
3. c) Except for the higher organizations formed by merging of professional organizations of media and broadcasting; One member each to be determined by the professional organization with the highest number of press card holders in the provinces of Istanbul, Ankara and İzmir, and the profession with the highest number of press card holder members among the professional associations of press and broadcasting established by the owners and/or employees of the professional associations in the provinces other than these provinces. A total of four members, one to be determined by the organization,

ç) Four members to be determined by the Presidency among permanent press card holders,

1. d) A member to be determined by the professional organization with the highest number of members among the professional organizations of media and broadcasting established by the chairman of the board of directors of radio and / or television broadcasting at the national level and / or journalist employees, excluding the upper organizations formed by the merger of press-broadcasting professional organizations,
2. e) A member to be determined by the Presidency from among journalists holding a press card attached to the task,
3. f) Two members to be determined by the union with the highest number of press card holders among the unions operating as a labor union,
4. g) Three members to be determined by the Presidency from among the deans of the Faculty of Communication or journalists holding press cards,

It consists of a total of nineteen members.

The term of office of the members is two years. Members whose term has expired can be re-elected.

The Commission evaluates the applicant’s qualifications, professional work, works and awards and decides whether to carry a press card.

ARTICLE 15- The following additional article is added to the Law No. 5187.

“Conditions in which the press card will be canceled

ADDITIONAL ARTICLE 6- If it is understood that the press card holder does not have the qualifications specified in the additional article 3 or has subsequently lost these qualifications, the press card shall be canceled by the Presidency.

In case the press card holder acts contrary to the press moral principles determined in accordance with the 2th article of the Law No. 1 on the Organization of the Press-Announcement Institution, the Commission may warn the press card holder as well as decide to cancel the press card, taking into account the nature of the violation. can be given. The procedures and principles regarding this shall be determined by the regulation.”

ARTICLE 16- The following additional article is added to the Law No. 5187.

“Consequences of cancellation of the press card

ADDITIONAL ARTICLE 7- In case the press card is canceled pursuant to the second paragraph of additional article 6, the press card is not issued again until one year has passed from the date of return of the card.

Press again, unless it is determined that action has been taken in accordance with Articles 3 and/or 25/A of the Judicial Registry Law dated 5/2005/5352 and numbered 12, for those who are in violation of subparagraphs (ç), (d) and (e) of the first paragraph of additional article 13. No card is given.”

ARTICLE 17- The following additional article is added to the Law No. 5187.

“Regulations

ADDITIONAL ARTICLE 8- The form of the press cards to be issued by the Presidency, the conditions to be sought in media organizations, the quotas, the working and decision-making procedures of the Commission, the types of applications and the documents to be requested in the application shall be regulated by a regulation to be issued by the Presidency.

ARTICLE 18- The following provisional article has been added to Law No. 5187.

“PROVISIONAL ARTICLE 4- Internet news sites operating before the effective date of this article must fulfill their obligations stipulated in this Law within three months from the effective date of this article.

Press cards duly issued before the effective date of this article continue to be valid, provided that they meet the conditions set forth in additional article 3.

ARTICLE 19- Sub-paragraph (a) of the first paragraph of Article 2 of the Law No. 1 dated 1961/195/5 on the Organization of Press and Advertisement Institution is as follows; Aegean Universities” as “Dokuz Eylül Universities”, “Ankara Universities” as “Ankara University”, “12 representatives in total” as “14 from the Information Technologies and Communication Institution and 12 from the Radio and Television Supreme Council, a total of 1. representative” and the phrase “1” in the paragraph was changed to “14”, the following sentence was added to the second paragraph after the first sentence, the phrase “all registered in the General Directorate of Press and Broadcasting” in the fourth paragraph is “who published official announcements”, “ The phrase “General Directorate of Press and Broadcasting” has been changed to “General Directorate”.

“a) Among the owners of newspapers and magazines who agree to participate in the administration of the institution, 100 of those with sales above 1 thousand, 99.999 from those with sales between 50-1 thousand, from those with sales between 49.999-10 thousand, 1 from those with sales below 10 thousand; 1 to be chosen by the owners of internet news sites that publish official advertisements; 2 of the Anadolu newspaper owners, which are located outside of Istanbul, Ankara and Izmir and publish official advertisements; 3 from the journalists union with the most members; A total of 2 representatives, one from each of the journalist associations with the highest press card members in Istanbul, Ankara and Izmir”

“The duties of existing members continue until new members are determined.”

ARTICLE 20- The title of Article 195 of the Law No. 37 has been changed as “List of newspapers and internet news sites” and the first paragraph has been changed as follows.

“At the end of each month, the General Directorate of the Institution announces a list containing the names and qualifications of the positions and internet news sites on which official announcements and advertisements can be placed, on the internet sites of the Institution.”

ARTICLE 21- Following Article 195 of Law No. 45, the main title of “Part Three” and “Official Announcements and Advertisements to be Published on Internet News Sites” and the following article have been added depending on the Section.

“Scope and essentials:

ARTICLE 45/A- Except for those published in the Official Gazette; Official announcements that are obligatory to be published in accordance with the law, Presidential decree and regulations, and the departments and organizations referred to in subparagraph (b) of Article 29, other establishments established by law or Presidential decree or their affiliates will only be published through the Press and Advertisement Agency. .

Advertisements and advertisements published through the Institution; copying, publishing, having it published and subjecting it to commercial activity depends on the permission of the Authority. The procedures and principles regarding the implementation of the provisions of this paragraph are determined by the General Assembly.

According to the law, Presidential decree and regulations, the advertisements of the institutions and organizations affiliated to the Presidency, ministries, affiliated, related or related institutions and organizations and other institutions and organizations whose publication is compulsory on their own website are also obligatory to be published on the Press Announcement Agency Announcement Portal. No fee is charged for the publication of these advertisements on the Press Advertisement Agency Announcement Portal.”

ARTICLE 22- The phrase “with newspapers and magazines” in the first paragraph of Article 195 of the Law No. 49 is “with newspapers, magazines and internet news sites”, the phrase “for a magazine” in sub-paragraph (a) of the paragraph is as “journal or internet news site” and ( The second paragraph of subparagraph b) has been amended as follows.

“In cases written in subparagraphs (a) and (b), an objection can be made to the Civil Court of First Instance in the place where the General Directorate of the Institution is located, within ten days from the notification of the decision of the Board of Directors. Simple trial procedure is applied in the said objections. The decision to be made as a result of this trial is final.”

ARTICLE 23- The following provisional article has been added to Law No. 195.

“Responsibilities of those who will publish official announcements and advertisements on internet news sites:

PROVISIONAL ARTICLE 9- The qualifications and responsibilities of those who will publish official announcements and advertisements on internet news sites, as well as the procedures and principles regarding the publication shall be determined by the regulation to be issued by the General Assembly of the Institution within six months from the effective date of this article.

ARTICLE 24- The phrase “Presidential Decree No. 31” in the 5th row of the table in the second paragraph of Article 2006 of the Social Security and General Health Insurance Law No. 5510 dated 40/16/14 is in the form of “To the Press Law No. 9 of 6/2004/5187” The phrase “Press Card Regulation” in row 17 of the table has been changed to “Press Law”.

ARTICLE 25- In the second sentence of the second paragraph of Article 9 of the Enforcement and Bankruptcy Law dated 6/1932/2004 and numbered 114, the phrase “On the electronic sales portal” has been changed as “On the electronic sales portal and Press Advertisement Agency Announcement Portal” and the third paragraph has been changed as follows, The following paragraph has been added to come after it, the phrase “or internet news site” has been added to the first sentence of the current fourth paragraph to come after the phrase “newspaper”, and the second sentence of the current fifth paragraph has been changed as follows.

“Newspaper and internet news site announcements are made through the Press-Advertisement Institution in the following manner.”

“Whether or not to advertise in newspapers or internet news sites for sales with a total appraised value of up to five hundred thousand Turkish liras is decided by the enforcement office, taking into account the interests of those involved. However;

1. Those whose total appraisal value is above five hundred thousand Turkish liras and below two million Turkish liras shall be announced in a local newspaper or an internet news site that has the right to publish an official advertisement at the place of sale. If there is no local newspaper or internet news site management that has the right to publish an official advertisement in the place where the sale will be made, the advertisement is announced through a local newspaper or an internet news site that has the right to publish an official advertisement in another broadcasting place within the territorial boundaries of the same province to be determined by the enforcement office.
2. Those with a total estimated value of two million Turkish lira or more are published in an internet news site or in a newspaper that has the right to publish an official advertisement, which is distributed and offered for sale throughout the country, and whose actual daily sales are over fifty thousand at the date of the advertisement request.
3. Announcements to be published in newspapers or internet news sites are announced simultaneously on the Announcement Portal of the Press Advertisement Agency.
4. Within the scope of this article, no fee is charged for the advertisements to be published on the Advertisement Portal of the Press Advertisement Agency.
5. The monetary limits in this paragraph are updated by the Ministry of Justice based on the annual Producer Price Index in December of the previous year and announced in the Official Gazette, effective from 1 February each year. Monetary limits can be updated by the President’s decision upon the proposal of the Ministry of Justice in cases of emergency.

“So far, errors in the text posted in the newspaper, internet news site, electronic sales portal or the Press Advertisement Agency’s Advertisement Portal are only corrected in the electronic sales portal without changing the date of the tender.”

ARTICLE 26- The first paragraph of the sub-clause (a) of the first paragraph of the first paragraph of the Article 8 of the State Tender Law dated 9/1983/2886 and numbered 17 has been changed as follows, and the word “newspaper” is used after the phrase “newspaper” in the second paragraph of the sub-clause. The phrase (b) of the subclause was changed as follows, the phrase “an internet news site and” was added to the subparagraph (1) of the paragraph to come after the phrase “other”, the phrase “one” in the paragraph was changed to “one”, and “Internet news sites or” phrase has been added after the phrase “other newspapers or” in subparagraph (2) of the paragraph.

“Tenders are announced in a newspaper published at the place where the tender will be held and on an internet news site.”

“b) The announcement of the tenders in places where there is no newspaper or internet news site management is published on the Press Advertisement Agency Announcement Portal within the periods specified in subparagraph (a) of this paragraph.”

ARTICLE 27- The phrase “in at least two of the newspapers” in the sub-clause (4) of the first paragraph of the first paragraph of the 1th article of the Public Procurement Law dated 2002/4734/13 and numbered 1 and the phrase in the sub-clauses (2) and (3). in one of the newspapers” was changed as “in a newspaper and on an internet news site”, the phrase “an internet news site and” was added to the ninth paragraph after the phrase “through” and the tenth paragraph was changed as follows.

“In case there is no newspaper in the place where the tender will be held or there is no internet news site management, the announcement is published on the Announcement Portal of the Press Advertisement Agency within the same period of time.”

ARTICLE 28- a) In the first paragraphs of Articles 5187 and 11 of the Law No. 13, and in the first and third paragraphs of Article 27, the expressions “or internet news sites” after the expressions “printed works”, in the first paragraph of Article 15 “in printed works” and in the first and third paragraphs of Article 20. In articles 21, the phrase “and on internet news sites” has been added to come after the phrases “in popular periodicals” and the phrase “with two internet news sites” has been added to the third paragraph of article 18 after the phrase “this article”.

1. b) The phrase “web news sites” has been added to the first paragraph of article 13 of the Law No. 6 dated 1952/5953/1 on the Regulation of Relationships Between Employees and Employees in the Press Profession, following the phrase “newspaper”.
2. c) In the first paragraph of article 9/A of the Internal Medicine Officers Law dated 6/1930/1700 and numbered 2, the phrase “with an internet news site” was added after the phrase “fifteen days ago” and the phrase “once” in the paragraph was removed from the text of the article.

ç) The phrase “decision” in the second sentence of the second paragraph of Article 2004 of the Law No. 166 has been changed to “request an announcement on an internet news site”.

1. d) The phrase “in one newspaper and also in the electronic environment” in the clause (11) of the first paragraph of the 2th article of the Notification Law dated 1959/7201/29 and numbered 1 is written in the form of “a newspaper and an internet news site and also on the Announcement Portal of the Press Advertisement Agency”. has been changed.
2. e) In the first sentence of paragraph (4) of the first paragraph of Article 1 of the Tax Procedure Law dated 1961/213/104 and numbered 3, the phrase “in a newspaper” is followed by the phrase “and on an internet news site” and the phrase “in one of the newspapers” in the second sentence of the paragraph The phrase “and on an internet news site” has been added to come along.
3. f) In the first paragraph of Article 14 of the Civil Servants Law dated 7/1965/657 and numbered 47, the phrase “Internet news site” was added after the phrase “Official Gazette” and the phrase “newspapers” in the paragraph was replaced by “newspapers and Press Advertisement Agency Announcement”. It has been changed to “From Portal”.
4. g) The phrase “local newspaper” in subparagraph (24) of the first paragraph of Article 4 of the Cooperatives Law dated 1969/1163/6 and numbered 1 has been changed to “a local newspaper and an internet news website”.

ğ) The phrase “and internet news sites” has been added to the third paragraph of Article 6 of the Law on Meetings and Demonstrations dated 10/1983/2911 and numbered 6, following the phrase “local newspapers”.

1. h) If a local newspaper is published in the fourth paragraph of Article 4 of the Expropriation Law dated 11/1983/2942 and numbered 10, the phrase “in one of these local newspapers and” is “with a newspaper and an internet news site” and “a website” in the paragraph. The phrase ” has been changed to “one”; The phrase “in the local newspaper and” in the fifth paragraph of Article 19 has been changed to “with a local newspaper and an internet news site” and the phrase “at least once” in the paragraph has been changed to “at least once”.

ı) The phrase “web news site or” has been added after the phrase “or” to Article 24 of the Law on the Regulations to be Published in the Official Gazette dated 5/1984/3011 and numbered 2.

1. i) In the third paragraph of the 21nd article of the Cadastre Law No. 6 dated 1987/3402/2, the phrase “in the local newspaper, if any,” is “a local newspaper and an internet news site”, and “local newspaper, if any,” in the third paragraph of the 22nd article. The phrase was changed to “a local newspaper and an internet news site”.
2. j) The phrase “internet” in the second sentence of the fifth paragraph of Article 29 of the Law on the Evaluation of Immovable Property Owned by the Treasury and Amendment to the Value Added Tax Law dated 6/2001/4706 and numbered 7 has been changed to “an internet news site”.
3. k) The phrase “once with a newspaper” in the fourth paragraph of article 22 of the Turkish Civil Code dated 11/2001/4721 and numbered 713 has been changed to “on a newspaper and an internet news site”.

1) Following the phrases “notify” in the third paragraph of article 13 of the Turkish Commercial Code dated 1/2011/6102 and numbered 1000, the first paragraph of article 1350 and the second paragraph of article 1384 “on condition” and the first paragraph of article 1385 “announcement” The words “an internet news site and” were added.

1. m) In the eighth paragraph of Article 5 of the Product Safety and Technical Regulations Law dated 3/2020/7223 and numbered 16, the phrase “on its own website or by other appropriate methods it deems necessary” is used as “all methods it deems necessary, including its own website, and a newspaper or an internet site. on the news site”.

ARTICLE 29- The following article has been added to the Turkish Penal Code dated 26/9/2004 and numbered 5237, following article 217.

“Do not publicly disseminate misleading information.

ARTICLE 217/A- (1) A person who publicly disseminates false information regarding the internal and external security, public order and general health of the country in a way that is suitable for disturbing the public peace, just for the purpose of creating anxiety, fear or panic among the public, is liable for a period of one year to three years. punishable by imprisonment.

(2) If the perpetrator commits the crime by concealing his true identity or within the framework of the activities of an organization, the penalty imposed according to the first paragraph is increased by half.”

ARTICLE 30- The following sub-clause has been added to the subparagraph (a) of the third paragraph of Article 4 of the Code of Criminal Procedure dated 12/2004/5271 and numbered 286, following the sub-paragraph (6) and the other sub-paragraphs have been followed accordingly.

“7. Publicly disseminating misleading information (article 217/A),”

ARTICLE 31- The phrase “Decisions on blocking access outside the scope of Article 4” in the first paragraph of article 5/A of the Law on the Regulation of Broadcasts Made on the Internet and Fight Against Crimes Committed Through These Broadcasts, dated 2007/5651/6 and numbered 8 is “Articles 8 and 8/A”. Decisions to remove and/or block access to all content outside the scope of its scope”, the phrase “the activities of the Association, including the conscious and safe use of the internet”, was added after the phrase “principles” in the third paragraph, and in the sixth and seventh paragraphs The phrase “access outside the scope of Article 8 of this Law” has been changed to “access”, the following sentence has been added to the seventh paragraph, the phrase “from donations and other activity income” has been added to the first sentence of the ninth paragraph, following the phrase “fees”, in the second sentence of the paragraph. “Fees to be charged” in the field “Members The following paragraph has been added to the article.

“Access providers are obliged to establish the necessary technical infrastructure for the notification of decisions.”

“(11) The Association may notify the decisions to remove the content and/or block access to the e-mail addresses that can be determined from the web pages of the relevant content or hosting provider.”

ARTICLE 32- The following clause has been added to the first paragraph of Article 5651 of the Law No. 8, and in the fourth paragraph of the “in case the content or hosting provider is located abroad, or even if the content or hosting provider is located in the country, the content of the first paragraph subparagraph (a) (2) and (5”) ) and (6) and (7) and sub-paragraphs (c)” have been removed from the text of the article.

“ç) Offenses included in the first and second paragraphs of Article 1 of the Law on the State Intelligence Services and the National Intelligence Organization dated 11/1983/2937 and numbered 27.”

ARTICLE 33- The following sentences have been added to the ninth paragraph of Article 5651 of Law No. 9.

“An objection against the acceptance of the application by the Association is made to the judge who made the decision. The provision of this paragraph shall not be applied in the decisions to block access to the entire broadcast on the website.

ARTICLE 34- The third sentence of the first paragraph of the additional article 5651 of the Law No. 4 has been changed as follows, the following sentence has been added to the paragraph, the following sentences have been added to the fourth paragraph, the following paragraph has been added to the article to come after the fourth paragraph, and the other paragraphs have been continued accordingly, and the following sentence has been added to the fourth paragraph. The following paragraph was added to the article and the other paragraphs were continued accordingly, the second sentence of the ninth paragraph, which was formed as a result of succession, was repealed and the following paragraphs were added to come after this paragraph, the other paragraphs were continued accordingly, and the following paragraphs were added to the article after the fourteenth paragraph formed as a result of succession. , other paragraphs were supplemented accordingly, the following paragraphs were added to the article to come after the seventeenth paragraph formed as a result of succession, and the other paragraph was continued accordingly.

“In case the representative is a real person, this person must be a resident of Turkey and a Turkish citizen.”

“In case the daily access from Turkey is more than ten million; The real or legal person representative determined by the social network provider of foreign origin, without prejudice to the responsibilities of the social network provider, is fully authorized and responsible for technical, administrative, legal and financial aspects, and if this representative is a legal person, a company established directly by the social network provider as a capital company. It must be a branch.”

“Reports submitted to the Institution by social network providers; Header tags also contain information about their algorithms, advertising policies, and transparency policies for featured or reduced content. The social network provider is obliged to act in accordance with the principle of accountability, to ensure transparency in the implementation of the Law, and to submit all necessary information and documents to the Agency when requested by the Agency. Social network providers are obliged to treat their users equally and impartially, and the report to be submitted to the Institution includes the measures taken in this regard. The social network provider takes the necessary measures in cooperation with the Institution in its own system, mechanism and algorithm regarding the content related to the crimes within the scope of this Law and the title tags not to be published, and includes these measures in its report. The social network provider is obliged to provide a clear, understandable and easily accessible place on the website which parameters it uses when offering suggestions to users. The social network provider takes the necessary measures to provide users with the option to update their preferences for the content they offer and to limit the use of their personal data, and includes these measures in its report. The social network provider creates an ad library that includes information such as the content of the ads, the advertiser, the duration of the ad, the target audience, the number of people or groups reached, and publishes it on the website and includes this in its report.

“(5) In the Turkish Penal Code;

1. a) Child sexual abuse (article 103),
2. b) Publicly disseminating misleading information (article 217/A),
3. c) Disrupting the unity and territorial integrity of the state (article 302),

ç) Offenses Against the Constitutional Order and Its Functioning (articles 309, 311, 312, 313, 314, 315, 316),

1. d) Offenses Against State Secrets and Espionage (articles 328, 329, 330, 331, 333, 334, 335, 336, 337),

The information necessary to reach the perpetrators who create or spread the internet content that is the subject of their crimes is given to the judicial authorities by the representative of the relevant social network provider in Turkey upon the request of the public prosecutor at the investigation stage and the court where the proceedings are carried out during the prosecution stage. If this information is not given to the requesting Office of the Chief Public Prosecutor or to the court, the relevant Public Prosecutor may apply to the Ankara Criminal Judgeship of Peace with a request to reduce the internet traffic bandwidth of the foreign social network provider by ninety percent. If a decision is made to reduce the bandwidth of internet traffic, this decision is sent to the Authority to be notified to the access providers. The requirement of the decision is fulfilled by the access providers immediately and at the latest within four hours from the notification. In case the social network provider fulfills its obligations under this paragraph, the sanctions are lifted and the Institution is notified.”

“(7) The social network provider takes the necessary measures to provide differentiated services specific to children.”

“Without prejudice to the administrative measures within the scope of (10) Articles 8 and 8/A, in the event that the decision to remove the content and/or block access given by the President within the scope of this Law is not fulfilled, taxpayer real and legal persons residing in Turkey, It may be decided by the President to prohibit the social network provider from advertising for up to six months, within this scope, no new contract can be established and money transfer cannot be made. Advertising ban decision is published in the Official Gazette. The President may apply to the criminal judgeship of peace to reduce the internet traffic bandwidth of the social network provider by fifty percent until the decision to remove the content and/or block access, as well as the decision to ban the advertisement, is fulfilled. Narrowing the internet traffic bandwidth of the social network provider by up to ninety percent, if the decision to remove the content and/or block access within thirty days from the date of notification of the decision regarding the XNUMX% reduction of the internet traffic bandwidth given by the judge to the social network provider. may apply to the Criminal Judgeship of Peace by the President. Decisions made by the judge are sent to the Institution to be notified to the access providers. The requirements of the decisions are fulfilled by the access providers immediately and within four hours at the latest as of the notification. In case the social network provider fulfills the requirements of the decision to remove the content and/or block access and notifies the Authority, only the measure of narrowing the bandwidth of internet traffic is lifted.

(11) In the event that the administrative fines imposed by the President within the scope of this Law are not paid within the legal time limit, more than once in a year, new social network providers of taxpayer real and legal persons residing in Turkey are sent by the President to the social network provider of foreign origin, up to six months. It may be decided to prohibit advertising, in this context, no new contract can be established and money transfer cannot be made. Advertising ban decision is published in the Official Gazette. If the social network provider from abroad pays all of the administrative fines and notifies the Institution, the advertisement ban decision is lifted.

(12) The President may decide to impose an administrative fine from ten thousand Turkish liras to one hundred thousand Turkish liras to taxpayer real and legal persons residing in Turkey who violate the advertising ban imposed in accordance with this article.

(13) The social network provider is obliged to comply with the regulations regarding user rights to be made by the Institution for the protection of the rights of its users.

“(15) The social network provider is obliged to establish an effective application mechanism in cooperation with the Authority for the removal of title tags and featured content by warning method. The social network provider is directly responsible for the crime committed through the publication of someone else’s content through title tags or featured content, if the illegal content has been notified to it, but has not been removed immediately and within four hours at the latest after the notification of the content.

(16) The social network provider shares the content and the information about the creator of the content with the authorized law enforcement units, in case of learning the content that endanger the life and property safety of individuals and in case of delay.

“(18) The Institution may request all kinds of explanations from the social network provider regarding the compliance of the social network provider with this Law, including the institutional structure, information systems, algorithms, data processing mechanisms and commercial attitudes. The social network provider is obliged to provide the information and documents requested by the Institution within three months at the latest. The Institution can inspect the social network provider’s compliance with this Law on-site at all facilities of the social network provider.

(19) The social network provider is obliged to create a crisis plan for extraordinary situations affecting public safety and public health and notify it to the Institution.

(20) A social network provider who does not fulfill its obligations in the sixth, seventh, thirteenth, sixteenth, eighteenth and nineteenth paragraphs of this article may be fined by the President up to three percent of its global turnover in the previous calendar year.”

ARTICLE 35- The following provisional article has been added to Law No. 5651.

“PROVISIONAL ARTICLE 6- (1) The obligations of the social network provider, which has designated a representative before the publication date of the Law establishing this article, brought by the amendment made with the Law establishing this article in the first paragraph of additional article 4, within six months from the date of publication of the Law establishing this article. In case of failure to complete, the provisions of the second paragraph of the additional article 4 shall be applied without applying the provisions regarding notification and administrative fines.”

ARTICLE 36- The following clauses have been added to the first paragraph of Article 5 of the Electronic Communications Law dated 11/2008/5809 and numbered 3.

“(cçç) Over-the-network service: Provided to subscribers and users with internet access through a software open to the public, independent of the operators or the internet service provided; Interpersonal electronic communication services within the scope of audio, written and visual communication,

(ddd) Over-the-network service provider: The natural or legal person providing the services that fall under the definition of over-network service,

ARTICLE 37- The following paragraph has been added to Article 5809 of the Law No. 9.

“(14) The Authority is authorized to make the necessary arrangements regarding the provision of over-network services, and to take all kinds of measures, including imposing obligations on operators, in order to prevent the provision of over-network services provided without fulfilling the obligations stipulated in the regulations or without authorization. Over-the-network service providers carry out their activities within the framework of the authorization to be made by the Institution through their fully authorized representatives in the status of joint stock companies or limited liability companies established in Turkey. Over-the-network service providers are considered as operators in terms of the rights and obligations to be determined by the Authority according to the nature of the over-network service provision, among the rights and obligations determined for the operators in this Law and other laws related to the Authority’s field of duty.

ARTICLE 38- The following paragraphs have been added to Article 5809 of the Law No. 60.

“(16) Over-the-network service providers who do not fulfill the obligations stipulated in the regulations in violation of Article 9 of this Law or provide services without authorization may be fined from one million Turkish lira to thirty million Turkish lira.

(17) The internet traffic bandwidth of the over-the-network service provider, which does not pay the administrative fine applied in the sixteenth paragraph of this article in due time and does not fulfill the obligations stipulated in the Agency regulations within six months following the notification to be made by the Agency, or provides services without authorization, will be reduced up to ninety-five percent or the relevant application or website will be blocked. The Authority may decide to block access. The requirement of the decision sent to be implemented to the Access Providers Association is fulfilled by the access providers.”

ARTICLE 39- This Law;

1. a) Articles 20, 21, 22, 25, 26 and 27, and other subparagraphs of article 28, excluding subparagraphs (a) and (b), on 1/4/2023,
2. b) the date of publication of other provisions,

comes into force.

ARTICLE 40- The President of the Republic executes the provisions of this Law.

17/10/2022