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Anasayfa Makaleler Internet Law

5651/m.9 Content Removal: URL-based access block, Peace Penalty process and deadlines

TL;DR

5651 SK m.9 kişilik hakkı; m.9/A özel hayatın gizliliği. Her ikisinde sulh ceza hâkimliği URL bazlı karar verir; 24 saat içinde tedbir alınabilir.

17 Şubat 2026 Internet Law 3 dk okuma 33 görüntülenme Son güncelleme: 10 Mayıs 2026

Law No. 5651 establishes different timing for art.9 (personal right) and art.9/A (privacy of private life) processes: m.9 Peace penalty within 7 days, Art.9/A Peace penalty within 24 hours, parallel with BTK. Below is the petition backbone and legal basis of both routes.

5651 art.9 (personal right)

For insults, slander, false claims, misleading content with name-surname matching. Process:

  • 24-hour complaint (for evidence) to the content provider or hosting provider.
  • URL-based access block + removal request to the criminal judgeship of peace (TBM petition).
  • The decision is made within 24 hours; BTK applies it within 4 hours.
  • Administrative penalty of 1,000-10,000 TL if the content provider does not comply.

    • 5651 m.9/A (privacy of private life)

    For unauthorized photographs, videos, audio recordings, intimate images, deepfakes. Difference from m.9:

    • Within 24 hours for a peace penalty decision (emergency protection).
    • BTK direct application right (approval after peace penalty decision).
    • As a precautionary measure; Notification to the content provider is then made.

    Petition spine

  • Client information and complaint status (personality rights owner).
  • List of violating URLs (including full path, query string).
  • Evidence of violation: hash chain screenshot + witnessed detection report.
  • Legal basis: 5651 art.9 / art.9/A, TCK art.134-136, KVKK.
  • Request: access block + content removal + URL countermeasure + costs.

    • What is a web archive (Wayback Machine) done?

    The archive.org page is a separate URL; It should also be blocked from access with a separate peace penalty file. More than one URL can be requested in a single file.

    What if foreign social media does not obey?

    BTK can apply bandwidth throttling with 5651 m.8/A; Advertising ban + additional financial sanctions in case of violation of the obligation to appoint a representative abroad. In practice, X, Meta, Google follow; TikTok has also adapted.

    What if the decision is rejected?

    Another criminal judgeship of peace in the same court district is competent for the objection (CMK parallel application). There is no appeal as a higher level remedy; However, an administrative annulment lawsuit and financial compensation are possible.

    How to defend the content owner?

    5651 Article 9 is a precautionary measure; The other party is not called for a hearing. However, the person whose content was removed may object to the injunction.

    Who is the hosting provider?

    The company that hosts the website's server. For the Turkish hosting provider, BTK intervenes directly; It depends on the inter-country cooperation process in the overseas hosting provider.

    Relevant legislation

    • Law No. 5651 Article 9 — Violation of personal rights; URL based access block.
    • Law No. 5651 art.9/A — Privacy of private life; Action within 24 hours.
    • KVKK no. 6698 article 11 — The right to be forgotten; search engine results.
    • TCK art.134-136 — Violation of privacy, video/audio recordings.
    • FSEK art.71 — Measures and removal of content in case of copyright infringement.
    Legal notice: This article is for general information purposes; A meeting with a lawyer is required for a concrete case. Durations, rates and practice are shaped by jurisprudence; Check the current legislation before applying.

    Kaynaklar ve referanslar

    Kaynaklar

    5651/m.9 İçerik Kaldırma: URL bazlı erişim engeli, Sulh Ceza süreci ve sürelendirme içeriği hazırlanırken resmi mevzuat ve yüksek yargı kaynakları esas alınmıştır.

    Telif bildirimi This content and all related Q&A texts are protected under Turkish Copyright Law No. 5846. Unauthorized copying, reproduction, publication, adaptation, bulk extraction, or commercial use is prohibited; legal and criminal remedies are reserved in case of infringement.

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