NEWSLETTER-2020-metin

413 INFORMATION TECHNOLOGY LAW Providers domestically based or established abroad with more than one million daily accesses (Internet Law, Annex Article 4/3). Obligation to Report The obligation to report to the Authority, every six months in Turkish, regarding i) execution of the decision of removal of content and/or blocking access, and ii) the application of the individuals, has been brought to the Social Network Providers domestically based and established abroad with more than one million daily accesses. In addi- tion, it is stipulated that the report on the applications of the individu- als shall be published on the website of the Social Network Provider (Additional Article 4/4 of the Internet Law). Obligation of Data Retention in Turkey The obligation to take necessary measures to retain data in Turkey of the users located in Turkey has been introduced for the Social Net- work Providers domestically based or established abroad with more than one million daily accesses (Additional Article 4/5 of the Internet Law). However, any specific sanction to be applied in the event of violation of this obligation has not been foreseen. Obligation to Block Access and/or Remove Content Social Network Providers and other providers 3 defined in the Internet Law are obliged to fulfill the decision to block access and/or remove content given by the judge, public prosecutor, or the Head of the Authority, immediately, and within four hours from the notifica- tion of the decision, at the latest (Article 8/5 of the Internet Law). Legal Liability In the event that the content that is determined to be illegal by a judge or through a court decision is notified to the Social Network Pro- vider, the Social Network Provider, who has not removed the content or blocked access within twenty-four hours despite the notification, 3 Gencosmanoğlu, İdil : “Internet Actors in Law No. 5651” , Erdem & Erdem Newsletter, June 2020.

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