The content removal process is an acute solution; However, a lawsuit for moral damages is filed in parallel against the person/institution who committed the violation. The two paths do not interfere with each other and must be carried out together.
Parallel route
| Process | Target | Duration |
|---|---|---|
| 5651 m.9 / m.9/A | Removing content | 24-72 hours |
| TCK 134-136 + 226 complaint | Punishing the perpetrator | 1-3 years |
| KVKK Article 14 compensation | Compensation due to data breach | 1-2 years |
| TBK Article 58 non-pecuniary compensation | Pecuniary satisfaction from violation of personal rights | 1-2 years |
| Material compensation (TBK 49) | Income loss, therapy expense | 1-2 years |
Compensation amount account
Determined by the court's discretion; but concrete factors:
- Publication scope (Twitter, Telegram channel, how many views).
- Social/professional damage to the client (loss of job, contract cancellation).
- Time: how long was it online?
- Type of violation (intimidation, insult, slander, false claim).
- The degree of intent of the perpetrator.
In practice after the Supreme Court HGK 2021: insult 30-150K TL; intimate disclosure 100-500K TL; If job loss is proven, it will be combined with financial compensation.
Competent court?
HMK article 16: defendant residence + client residence optional authority. If the social media operator is the defendant, the place of residence in Türkiye (overseas representative) jurisdiction is checked.
Can separate lawsuits be filed for the same content?
No; single case + multiple defendants shown (content provider + sharer + hosting provider). HMK Article 59 with litigation companion.
Can precautionary measures be taken?
Yes. In the main case, HMK Article 389 provisional injunction + Article 5651 Article 9 access ban can be combined; An interim injunction decision can be taken within 1 week.
What if we can't identify the perpetrator?
Injunction is requested; IP & logs are obtained from the hosting provider through the peace penalty. If an anonymous account is used, evidence is collected through the prosecutor's office using CMK Art. 134 computer search and Oriental procedure.
Prescription?
TBK article 72: 2 years (from learning), 10 years (from the incident). KVKK violation: As long as the violation of rights is permanent, the statute of limitations does not apply.
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.