In accordance with the decision  of the Information Technologies and Communication Authority (“ITCA”) titled “Procedures and Principles Regarding Social Network Providers” (“the Decision”) published in the Official Gazette dated 01.04.2023 , the obligations of social network providers and the procedures and principles regarding the implementation of these obligations have been clarified. 

Since this Decision was prepared on the basis of the Law No. 5651 on Regulating Broadcasts on the Internet and Combating Crimes Committed Through These Broadcasts (“Law No. 5651”), new and detailed regulations regarding the obligations of social network providers already included in the relevant law. With the Decision, clarity has been provided on the implementation of heavy obligations that were first published and became effective on October 18, 2022. Meanwhile, if you wish, you may access our first article on these new obligations from this link.

First of all, the implementation of the procedures and principles determined under the Decision will not eliminate the obligations and responsibilities arising from being a social network provider or a content or location provider. In addition, real person or legal person that only include content for social interaction purposes in a certain part of the content published on the internet will not be considered as social network providers; platforms where social interaction content is offered as a secondary or ancillary service, such as personal websites, e-commerce sites, and news sites, are excluded from the scope of the Decision.

Social Network Providers’ Assignment of Representatives

As stipulated in the Law No. 5651, which was amended for the first time in 2020, a foreign social network providers with a daily access rate of more than one million in Turkey is obliged to designate at least one authorized natural or legal person as a representative in Turkey. İf the daily access rate from Turkey is more than ten million, the representative must be a legal person in the form of a capital company branch. Having said that, the Decision states that the branch established as a capital company must fulfil the following conditions:

• Have been established in Turkey and to have acquired legal personality according to Turkish legislation.

• Having a trade name that includes the distinctive title of the social network provider and the province where the capital company was established,

• Having all of its shares owned by the social network provider,

• Stating in the articles of association that it is part of and affiliated with the social network provider,

• Having a minimum capital amount of TRY 100.000.000,00 (one hundred million),

• Stating clearly in the articles of association that it has been fully authorized and made responsible by the social network provider in technical, administrative, legal, and financial terms.

In addition, regardless of whether they are real person or legal person, representatives must submit documents proving that they meet the criteria arising from the relevant legislation to the ITCA. In case of any changes in the information and documents submitted, the information and documents containing these changes must be immediately and no later than 72 hours notified to the ITCA.

Responding to the Applications 

As stated in the Law No.5651, social network providers are obliged to respond positively or negatively with reasons. With the Decision, social network providers are responsible that that the applications made by individuals can be made using the Turkish language option, and providing responses in Turkish.

Social network providers who fail to fulfill their obligation to respond to applications made by individuals shall be subject to an administrative fine of 5.000.000,00 (five million) Turkish Liras imposed.