Law No. 5651 Petition For Determination Of The Illegality Of Attacks Made Via The Internet, Suspension Of Publication, And Removal
MANAVGAT PEACE CRIMINAL COURT
ANTALYA
PETITIONER
COMPLAINANT : TC ID No:
ADDRESS :
ATTORNEY :
ADDRESS :
SUBJECT : This petition concerns the determination of the illegality of the attack made against our client via the internet, the cessation of publication, and the removal of the content.
OUR EXPLANATIONS
1-) A photograph taken in close-up of the client meeting with close friends was published on the website “www. ….. .com” on …./…/…. In the photograph in question, the client is seen drinking alcohol while having fun with his girlfriends, and in the news article accompanying the photograph, he is referred to as an “alcoholic” and a “womanizer.”
2-) The client is a respected and well-liked figure in his professional life. Alcoholism is an excessive addiction to alcoholic beverages that harms a person’s physical and psychological health. Describing the client as an alcoholic because he drank one or two glasses of alcohol while dining with close friends is contrary to the truth and clearly constitutes an attack on the client’s personal rights.
For a medical diagnosis of alcoholism, at least three of the following criteria must be present:
1. Consuming more alcohol and for longer periods than intended. For example, a person starts with one glass but cannot stop until they finish a bottle.
2. The person starts drinking again even though they want to quit or have tried to quit many times. They may not drink for a few days or months at a time. They may try to present this as proof that they can quit whenever they want.
3. They spend too much time drinking. Some may drink during the day, trying not to let anyone notice.
4. They reduce or abandon social activities, hobbies, or other enjoyable activities because they cannot find the opportunity to drink.
5. They continue to drink despite experiencing physical (liver disease, high blood pressure, gastritis, etc.) or psychological (depression, anxiety, sleep disorders, etc.) problems related to or exacerbated by alcohol.
6. Increases the amount consumed to achieve the same effect or remains unaffected despite consuming amounts that would be considered excessive by others (may mistakenly present this as proof of tolerance to alcohol, as if it were a good thing).
7. Experiences symptoms such as tremors, sweating, or palpitations when not consuming alcohol.
3-) The client has been clearly victimized by news that constitutes an attack on their private life and personal rights, which is easily accessible on the internet. In this regard, Article 24 of the Turkish Civil Code No. 4721 stipulates that a person whose personal rights have been violated in violation of the law may request protection from the court against the perpetrators.
4-) The client’s reputation and commercial goodwill have been jeopardized by the publication on the internet site …… Regarding this unlawful publication, a request was made to the hosting provider on …/…/…. to remove the content related to the client from publication. However, no response to our request was received within two days of its delivery to the hosting provider, and the publication has not been removed from the relevant website.
5-) In order to prevent damage to the client’s commercial reputation, it is necessary to decide that the response prepared by us, which contains false and untrue statements about the client, be published on the internet for a period of one week.
6-) Due to the above-mentioned issues, it has become necessary to apply to Your Honorable Court with this petition to determine the illegality of the attack made via the internet and to stop and remove the publication.
LEGAL GROUNDS: Law No. 5651, Articles 9, 9/A; Law No. 5237, Article 134; Law No. 4721, Articles 24, 25; Regulation on the Procedures and Principles Regarding the Regulation of Publications on the Internet, Article 10
LEGAL EVIDENCE:
1-) Photocopies of the relevant website images.
2-) News clippings from various newspapers.
3-) Sample application letter to the website hosting provider.
4-) Witness list showing the names and addresses of witnesses and the subjects they will testify on.
5-) Expert examination.
CONCLUSION AND REQUEST: For the reasons explained above, we respectfully request, on behalf of our client, that the attack made via the internet on the website named “………..com,” which clearly violates our client’s personal rights in this specific case, be determined to be unlawful, and that a decision be made to stop and remove the publication. …/…/…
ATTACHMENTS:
Attorney for the Complainant