Instagram challenge from Yaman Akdeniz and Kerem Altıparmak: Request for referral to the Constitutional Court

Prof. Dr. Yaman Akdeniz and Kerem Altıparmak from the Freedom of Expression Association have filed a lawsuit at the Ankara 13th Administrative Court to cancel the Information and Communication Technologies Authority (BTK) decision regarding Instagram. Akdeniz and Altıparmak also requested that the relevant article of the law be referred to the Constitutional Court through an objection.

Akdeniz stated, "While Instagram is complying with the BTK's requests and not acting unlawfully regarding catalog crimes, the blanket access ban applied to Instagram is arbitrary, disproportionate, and unlawful."

The statement made by Akdeniz on his X account regarding the cancellation lawsuit is as follows:

“In the petition, it was stated that the access ban on Instagram seriously violates freedom of expression and will cause irreparable damage to users. It has been requested that a stay of execution be granted urgently without seeking the opinion of the defendant administration. More importantly, it has been requested that the case be referred to the Constitutional Court through an objection on the grounds that the 4th paragraph of Article 8 of Law No. 5651, which is the basis of the decision, is unconstitutional.

'RIGHT TO PETITION THE COMPETENT AUTHORITY HAS BEEN VIOLATED'

In our application as users, we claimed that not only our freedom of expression was violated, but also the right to petition the competent authority, guaranteed by Article 40 of the Constitution, was violated due to the fact that the BTK decision was not shared with the public. It was also stated that the Constitutional Court has concluded in all its decisions regarding platforms that the restriction in the form of blocking access to websites by administrative and judicial authorities is not shown to be based on a compelling reason with relevant and sufficient justification.

'ACCESS BAN IS ARBITRARY, DISPROPORTIONATE, AND UNLAWFUL'

As the Constitutional Court has stated, 'It is clear that the state and administrative authorities must act very sensitively in regulations and practices regarding the Internet.' In this context, while Instagram is complying with the BTK's requests and not acting unlawfully regarding catalog crimes, the blanket access ban applied to Instagram is arbitrary, disproportionate, and unlawful.''

Together with Kerem Altıparmak, we have filed a cancellation lawsuit at the Ankara 13th Administrative Court against the BTK's Instagram decision, claiming it is unconstitutional. We have requested that the file be sent to the Constitutional Court through an objection. As always, we are following the process. @KeremALTIPARMAK

— Yaman Akdeniz (@cyberrights) August 6, 2024