Lifting The Access Ban
Lifting the Access Ban
Decisions taken during the investigation phase can be lifted by the Public Prosecutor and decisions taken during the prosecution phase can be lifted by the courts. The relevant persons may object to the access blocking decision imposed by the Public Prosecutor, Judge or Court as a protection measure within 7 days. Relevant persons can be considered as anyone whose interests are affected by this obstacle. In this way, even users who benefit from the relevant content can object to the access ban within 7 days. The objection in question is made in accordance with the provisions of the Criminal Procedure Code. As a result of the objection, the decision of the judge or court will be forwarded to TIB and TIB will notify the service providers and thus the ESB of this decision and the access ban will be lifted.
Again, as explained above, in the investigation carried out in terms of the crimes listed in Article 8 of Law No. 5651, if the Public Prosecutor decides that there is no prosecution in this regard, the access blocking decision will automatically become null and void. If the prosecution phase has passed, if the court has issued an acquittal decision in this direction, the access blocking decision will automatically become null and void. In both cases, a copy of both the KYOK decision issued by the Public Prosecutor and the acquittal decision issued by the court is sent to TİB and TİB transmits the relevant decision to the ESB and the access ban is lifted.
If the published content constitutes the subject of one of the crimes listed in Article 8 of the Law No. 5651, or if it constitutes a violation of a personal right in accordance with Article 9 and there is an access ban in this direction; If this content is removed by the content provider, this decision, which is already applied as a measure, is lifted as there is no longer any nature to continue.
However, in practice, access bans are often not lifted automatically. Since the decision of the Public Prosecutors or Courts in this direction is not delivered to the TİB and therefore to the ESB, the access ban on the relevant website is not lifted automatically. In this regard, the measure will be lifted if the public prosecutor or the court is informed that the content that constitutes a criminal offense or violates personal rights has been removed and a request is made to the public prosecutor or the court to lift the access block. In this respect, the e-detection service of the Union of Notaries of Turkey can be used to prove that the content has been removed.
If TİB has issued the access blocking decision, this will be an administrative measure. The relevant provisions of the law do not foresee any appeal against this decision given as an administrative measure. However, the persons concerned may file an action for annulment before the administrative courts for the annulment of the administrative action, or if they have suffered a loss in this regard, they may file a full remedy action before the administrative courts.