NEWSLETTER-2020-metin

407 INFORMATION TECHNOLOGY LAW the hosting provider 4 . In addition, websites, where content providers publish their content, are also hosting providers. To illustrate, users who share posts on Facebook or Twitter are content providers, and the platforms mentioned in terms of this content are considered as hosting providers. However, it should be noted that if these platforms share their own content, they are also considered as content providers. Pursuant to Article 5 of Law No. 5651, a hosting provider is not obliged to check the content it provides hosting service for, nor to investigate whether any illegal activity is involved. However, it is obliged to remove the publication upon being informed of illegal con- tent according to Articles 8 and 9 of Law No. 5651. In addition to the aforementioned obligation to inform under Article 3, hosting providers are required to retain traffic data in rela- tion to their hosting activities for six months in accordance with the Regulation dated 24.10.2007. Access Provider Access provider refers to real or legal persons who provide their users with access to the internet environment. In other words, we need to receive access service from service providers, such as TTNet and Superonline, and those who provide this service are considered as ac- cess providers 5 . To be an access provider, one needs to be an operator that refers to a corporation conducting telecommunication services and/or oper- ating a telecommunications infrastructure in accordance with a ser- vice contract, concession agreement concluded with the Information Technologies and Communication Authority (Formerly the Telecom- munications Authority and hereinafter referred to as the “Authority”), and/or a telecommunications license or general authorization received from the Authority. (Regulation dated 24.10.2007, Article 3/1-k) Access providers also serve by obtaining a certificate of activity and must be members of the Access Providers Association. In addi- 4 Taşkın, Şaban Cankat : İnternete Erişim Yasakları ve Hukuka Aykırılıklar, 2015, p. 21. 5 Bozbel , p. 484.