What is the requirement?

Pursuant to the Law on the Regulation of Internet Publications and Prevention of Crimes Committed through These Publications No. 5651 (Internet Law), foreign social network providers with more than 1 million daily access counts from Turkey are required to appoint at least one person in Turkey as their representative and notify the Information and Communication Technology Authority (ICTA) of such appointment.

What are the consequences in case of failure to comply with the requirement?

(i) In case that the foreign social network provider with more than 1 million daily access counts fails to comply with the requirement of appointment a representative, this social network provider is notified by the ICTA and requested to comply with the requirement within 30 days.

(ii) In case that the foreign social network provider fails to comply with the requirement of appointment a representative within 30 days as of the notification, the ICTA issues an administrative fine of ten million Turkish Liras and grants an additional 30 days for compliance.

(iii) If the foreign social network provider still fails to comply within 30 days after the first administrative fine, ICTA issues a second administrative fine of thirty million Turkish Liras and grants an additional 30 days for compliance.

(iv) If it is still not complied with the requirement within the time given after the second administrative fine, the ICTA is entitled to prohibit natural and legal persons that are taxpayer residents in Turkey from

• Giving advertisements to the related foreign social network provider,
• Executing agreements with them in this respect and
• Transferring money to them in relation to it.

Advertisement Ban Has Been Issued on Pinterest Inc., Twitter Inc. and Twitter Inc. (Periscope/Scope) due to the fact that They Have Failed to Comply with the Requirement of Appointment a Representative and Notification of Such.

ICTA has issued an advertisement ban on Pinterest Inc., Twitter Inc. and Twitter Inc. (Periscope/Scope) due to the fact they have not complied with the requirement of appointment a representative and notification of such within 30 days as of the second administrative fine. Pursuant to the decision of ICTA published on the Official Gazette No. 31369 and dated 19 January 2021, natural and legal persons that are taxpayer residents in Turkey are banned to

• Give advertisements to the relevant foreign social network provider,
• Executing agreements with them in this respect and
• Transferring money to the relevant social network provider in relation to it.

Conclusion

In conclusion, those three social network providers have been sanctioned by ICTA for violation of the law. Moreover, in case that those social network providers do not appoint representatives within 3 months as of the advertisement ban, the ICTA may resort to a court of peace and request that the court reduces the social network provider’s internet bandwidth by 50%. If they still fail to appoint representatives within 30 days after the first bandwidth reduction, the ICTA may again resort to a court of peace to request that the social network provider’s internet bandwidth be reduced up to 90%.

In addition, due to the advertisement ban, agreements to be executed for the purpose of advertisements will be void. Also, company executives who executes such agreements against the law may also be liable.

In the decision of ICTA, public entities and institutions have been given an authority to pursue the execution of the advertisement ban decision. Therefore, natural and legal persons that are taxpayer residents in Turkey are required to cease the advertisement activities within the advertisement services of those social network providers subject to the decision of ICTA.

On the other hand, in case that the appointment a representative requirement and notification of such would be fulfilled, the advertising ban will be lifted and the decisions of the judges regarding the reduction of internet bandwidth will automatically be null and void.

Kind regards, 

ÖZEL Attorneys-at-Law

For further information and inquiries please contact:

info@ozel-law.com

İnönü Cad. No: 24/7 Gumussuyu ISTANBUL

This bulletin is to inform the recipients concerning certain recent developments in Turkish law and was prepared on 22/01/2021. It does not include any legal advice or guidance; for general information only.