Petition Requesting Blocking Access To A Website
…….. TO THE CRIMINAL COURT OF PEACE,
REQUESTOR
(VICTIM) :
TC IDENTITY NUMBER :
ADDRESS :
GUARDIAN :
ADDRESS :
SUBJECT : About the decision to block access to the website “www. ….. .com” website to block access to the website.
OUR LEGAL PROCEEDINGS
1-) The minor client has not yet reached the age of eighteen. He is …./…/…. On the date “www. ….. .com” website under the name of natural rize honey ….. ….. 6 jars of honey. The client was able to easily purchase 6 jars of honey, which was claimed to be natural, without even being asked his age as a security application during his shopping on the website.
2-) The client, who started to experience some discomfort after starting to use the honey delivered to his home by cargo, told his family, his family took him to the doctor and the doctor immediately stopped this foodstuff and prevented possible greater risks. However, there are many people who have lost their lives after being poisoned by the allegedly natural honey sold in this way, which has been the subject of a lot of news reports.
3-) Honey derivative products under the name of “natural Ayder honey”, which can be easily sold on the internet in this way, are included as advertisements on almost every web page that is opened as encouraging and misleading. The presence of celebrities in the advertisements on the site also attracts people’s attention more. In addition, although the products offered for sale on the website in question are products imported by obtaining permission from the Ministry of Agriculture, the fact that they are sold with the phrase “approved by the Ministry of Agriculture” is only used to mislead the consumer, and the fact that it comes out of a ministry approval is an attempt to provide a sense of trust by misleading the consumer. This provision also contradicts Article 16 of the Consumer Law No. 4077.
4-) These natural stamped products require approval from the Ministry of Agriculture and Forestry; although the Ministry of Agriculture has established an institution with Article 27 of the Decree Law No. 663 in order to ensure that these foods cannot be used and to control the licensing of these foods, their use has not been prevented. In terms of threatening public health, these websites should be controlled and access to these websites should be blocked.
5-) The client has been victimized and his health has been endangered due to the ‘natural Ayder honey’ offered for sale on a small website. 194 of the Turkish Criminal Code (TCK) No. 5237. An offense under Article 194 of the Turkish Penal Code (TCK) No. 5237 has occurred and a separate investigation has been initiated within the scope of this offense. (ANNEX 5)
6-) Due to the above-mentioned issues, it has become necessary to file this lawsuit and to apply to your Honorable Court due to the blocking of access.
LEGAL GROUNDS : Article 194 of the Law No. 5237; Article 8 of the Law No. 5651; Article 61 of the Law No. 6502; Article 27 of the Decree Law No. 663.
LEGAL EVIDENCES :
1-) Copy of birth certificate.
2-) Doctor’s reports.
3-) News clippings from various newspapers.
4-) Image copies of the relevant website.
5-) Investigation file of …… Public Prosecutor’s Office
6-) Expert Examination.
CONCLUSION AND REQUEST
For the reasons we have explained above, we respectfully request on behalf of our client to decide to “block access” to the website named “………..com” since the condition of “sufficient suspicion” specified in Article 8 of the Law No. 5651 on the Regulation of Publications on the Internet and Combating Crimes Committed Through These Publications has been realized in the concrete case. …/…/…
ANNEXES :
1-) Copy of identity card.
2-) Doctor’s reports.
3-) News clippings from various newspapers.
4-) Image copies of the relevant website.
5-) …… Investigation file of the Public Prosecutor’s Office
6-) One approved power of attorney sample.
Requestor Representative
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