NEWSLETTER-2020-metin

412 NEWSLETTER 2020 Obligations of Social Network Providers Through the concept of Social Network Provider, a new actor has been defined in the Internet Law and, in addition to the obligations of this actor based on being a Content Provider (Additional Article 4/9 of the Internet Law), new obligations have been stipulated, which will be explained in detail, below. Obligation to Appoint Representative One of the most important obligations imposed on Social Net- work Providers through Law No. 7253 is the obligation to appoint a representative. Accordingly, Social Network Providers established abroad with more than one million in daily access are obliged to ap- point at least one legal or natural person as a representative in Turkey. If the representative is a natural person, they must be a Turkish citizen (Additional Article 4/1 of the Internet Law). Pursuant to the regulation, the said representative will take neces- sary actions regarding notices or demands of the Information Tech- nologies and Communication Authority (“Authority”), the Access Providers Union, the judicial or administrative authorities, and will respond to the applications within the scope of the Internet Law, and ensures the fulfillment of other obligations under the Internet Law. In addition, the regulation stipulates the publication obligation of the rep- resentative’s contact information on the website of the Social Network Provider for ease of access. Through this regulation, it is aimed to ensure that the Social Net- work Providers established abroad will effectively execute decisions to remove content and/or block access and to respond to demands regarding violation of personal rights and privacy. Obligation to Respond to Applications The obligation to respond to applications regardingArticle 9 (vio- lation of personal rights) and 9/A (violation of the right to privacy) of the Internet Law, affirmatively or negatively –if negative, with justi- fication- within 48 hours, has been introduced for the Social Network