ANKARA
The Constitutional Court has annulled the article that allowed blocking access to online news and removing content on the grounds of violation of personal rights.
The article states: “Individuals claiming the violation of their privacy on the Internet can directly apply to the authority to request the blocking of access to the content.” In a critical decision regarding blocking access to online news, the top court ruled its annulment, noting that the article violates the constitution.
Furthermore, the top court also deemed unconstitutional the regulation granting the president of the Information Technologies and Communication Authority (BTK) the power to block access without a court order.
The decision emphasized that conferring such authority to the BTK head without a final court decision was a “violation of the presumption of innocence.”
The court criticized the lack of a gradual intervention method, stating that the regulations “were not in line with the requirements of a democratic society and were disproportionate.”
The court also pointed out that the rule constituted a severe interference with freedom of expression and the press.
The annulment decision will come into effect nine months after its publication in the Official Gazette on Jan. 10. In light of the annulment decision, a new regulation needs to be crafted.
