Decrypting Turkey’s Social Media Law: A New Dark Era of Censorship
By Utkarsh
Introduction
The overarching narrative that has arisen out of Turkey in recent years shows how President Recep Tayyip Erdogan has amalgamated control over the news media. Reports published by various human rights agencies highlight how the Turkish government has sought to restrain the press, by using force, imprisoning journalists, banishing media outlets, or by supervising the purchase of media brands by pro-government mergers.
The President’s attempts to extend his control were furthered by a new law on internet crime , which Turkey’s parliament passed on July 26th. Under the new legislation, which is expected to take effect on October 1st, every major social media platform will be required to appoint a local representative in Turkey and will have to respond quickly to court orders that block or remove the content. The law was passed after 16 hours of tense deliberations in parliament. It was backed by the ruling Justice and the Development Party (AKP) and its ally the National Movement Party (MHP). The government claims that it is an attempt to ensure data localization and fight against cyber-crimes to protect its users.
Decoding the New legislation.
The new legislation requires the most popular social media companies such as Facebook and Twitter, which are estimated to have 54 million Turkish users, to appoint and keep representative offices in Turkey to deal with complaints against content on their platforms. The representative can be a Turkish natural person or legal person established in Turkey. Article 6 of the legislation requires social media companies to rapidly respond to requests for the erasure of digital content, and sites failing to comply with legislation will attract steep fines, advertising ban, and bandwidth reduction by 50% to 90%. Further, when decisions are made by the courts or administrative bodies, the companies need to remove the content within 24 hours of receiving the decision-failure to comply with the timeline will attract fines and will lead to the companies being responsible for the damages that arise due to the content. Further, the new legislation places the burden of censoring content on the social media firms themselves, under law, companies have the rights to reject the effacement request but the amendment requires an explanation to the grounds of its denial.
Extraterritorial Jurisdiction and Data Localization
The law has come in the midst of dwindling internet freedom in Turkey. Since May 2020, over 500 people have been detained for social media posts. Even without the bill, Turkey has blocked access to more than 400,000 websites, 130,000 web addresses, taken down 40,000 Twitter posts, 10,000 YouTube videos, and 6200 Facebook posts have been scrubbed from the site. According to a report published by the Perception towards Freedom of Expression in Turkey, the government’s restrictive policies have weakened the public’s trust in media. It has also increased people’s anxieties regarding government surveillance of online activities. Ominously, the law requires foreign and Turkish social media networks with more than 1,000,000 access to keep Turkish users personal data in Turkey.
The legislation has been condemned by human rights agencies including Amnesty International, Human Rights Watch, Reporters without Borders and the UN. It is expected that the law will sabotage the right of people in Turkey to freedom of expression to acquire information and participate in public and political life. It will further debilitate the tenets that are requisite for independent journalism. The new regulations with draconian provisions will be a new whip in the hand of authorities to crack down on critics and dissidents expressing their thoughts on social media platforms
Utkarsh is a student of National University of Study and Research in Law, Ranchi, presently in 3rd year, V semester. He is interested in the fields of International Humanitarian Laws, Aerospace law and Constitutional Law.
Any discussion related to paper can be made via mail at utkarsh.nluranchi@gmail.com
Social Media is by Sean MacEntee and is licensed under CC BY 2.0
