Law No. 5651 Petition For Prevention Of Offense, Identification, And Removal Of Content
TO THE PEACE CRIMINAL COURT
Complainant
ATTORNEY :
Suspect : Unknown Perpetrator
SUBJECT : Our request is for the determination of the illegality of the attack made against our client via the internet, the suspension of the publication, and its removal.
EXPLANATIONS
1-) A close-up photograph of the client taken while meeting with close friends was published on various websites on the internet on …./…/…. Accusations such as “… Inc. is doing this…” were made against the clients and their friends through the company they work for.
2-) As a result, they were dismissed from their jobs by … Inc. The client is a responsible person in his professional life and is well-liked by those close to him. Alcoholism is an excessive addiction to alcoholic beverages that harms a person’s physical and psychological health. The fact that the client drank one or two glasses of alcohol while dining with close friends being labeled as alcoholism is contrary to the truth and clearly constitutes an attack on the client’s personal rights. For this reason, the client’s dismissal from work has also caused irreparable consequences for the client.
3-) The client has been clearly victimized by news that constitutes an attack on the client’s 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 of the violation.
4-) The publication on the internet site …… has jeopardized the client’s reputation. 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. (ATTACHMENT-3)
5-) In order to prevent damage to the client’s 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, we are compelled to apply to your Honorable Court to determine the illegality of the attack made via the internet and to request the suspension and removal of 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
2-) Sample application letter to the website host provider
3-) Witness list showing the names and addresses of witnesses and the subjects they will testify on
4-) 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 suspend and remove the publication. …/…/…
ATTACHMENTS:
1-) Photocopies of the relevant website
2-) Newspaper clippings from various newspapers.
3-) Sample application letter to the website host provider
4-) Witness list showing the names and addresses of witnesses and the subjects they will testify on
5-) One certified power of attorney sample.
Attorney for the Petitioner