Law No. 5651 separately regulates the responsibilities of four different actors in the internet environment:
1. Content Provider
A person who produces content on the Internet (writer, blogger, social media user). Fully responsible for its content.
2. Hosting Provider
Service provider that hosts websites. Once informed of the content, there is an obligation to remove it (notice-and-takedown).
3. Access Provider (ISP)
The operator that provides access to the Internet (Türk Telekom, Vodafone, etc.). No content moderation obligation; It only implements BTK decisions.
4. Public Use Provider
Providing public access such as Wifi (cafes, hotels). There is an obligation to filter.
5651/m.6 - Hosting Provider Obligations
- Reporting activity information to BTK
- Storing traffic information (1 year)
- Responding to court/prosecutor's request
Social Media Provider (5651 art.Annex 4)
More than 1 million daily users in Türkiye Platforms that receive access:
- Appointing a representative for Turkey
- Response to content removal request within 48 hours
- Annual transparency report
- Storing Turkey data in Türkiye
Supreme Court of Appeals HGK
HGK stated that the responsibility of the hosting provider is based on the formula of "being informed + not to remove" and that there is no obligation to proactively monitor the content. is adopted.
Internet law lawyer recommended.