Internet content can be deleted within hours; With e-determination (HMK Article 400), the civil court of peace appoints an expert and fixes the content with a time stamp.
HMK art.400 — detection procedure
For what content?
- Social media post / story / DM (public).
- Forum / blog comment.
- E-commerce product page.
- Company website.
- Whatsapp message (on your own screen).
- E-mail (sender/recipient information).
Notarization (alternative)
- Faster (1-3 days).
- The cost is low (1,000-3,000 TL).
- Accepted by the court; It is not as strong as an expert report.
- The notary keeps the content on his screen with a record.
Frequently asked questions
Social media post is about to be deleted; What should I do urgently?
Immediate screenshot + timestamp service (TÜBİTAK e-Correspondence) + notary (24-48 hours). Then court-approved fixing with HMK m.400 e-determination.
How long does e-Detection take?
The decision of the civil court of peace is 1-7 days; expert determination 7-21 days; report 14-30 days. In case of emergency, the judge may decide on the same day.
Is there a difference between notary approval and e-detection?
The court accepted both; However, the judge trusts the expert report more (hash chain, methodology). E-determination is recommended in important cases (divorce + compensation).
Is Wayback Machine enough?
Supplementary evidence; alone is not enough. Wayback does not hash; Additional determination (e-determination / notary) is required for the claim that "the site was like this on this date".
Does the other party claim "fake"?
Frequently. The expert report records hash + URL + browser + IP + DNS information; In the case of manipulation allegation, the opposing expert (DTC report) is rejected.
Relevant legislation
- HMK art.199-205 — Presentation of documents and evidence.
- HMK art.400-405 — Determination; with witness / expert.
- CMK art.134 — Computer search, copying; hash chain.
- TCK art.243-245 — Computer crimes, digital evidence chain.
- e-Signature Law (5070) — Electronic signature and time stamp.