'Businesses whose Instagram is shut down can win compensation': Criminal Law Professor Dr. Adem Sözüer speaks to 12punto

H. Deniz YILMAZ -12punto.com.tr

The Information and Communication Technologies Authority (BTK), on the grounds of "failure to comply with catalog crimes" blocked access to the social media platform Instagram.

CONSTITUTIONAL COURT REMINDS OF FREEDOM, SITE BECOMES INACCESSIBLE

As reactions to the Instagram ban grew, the Constitutional Court (AYM) announced that it had annulled rules that could allow the Directorate of Communications to interfere with press freedom and freedom of expression. It was emphasized that the decision was taken within the scope of fundamental rights and freedoms that cannot be regulated by Presidential Decree.

Immediately afterward, the Constitutional Court removed the social media post announcing the annulment decision. A short time later, the official website of the Constitutional Court became inaccessible.

STATEMENT FROM THE CONSTITUTIONAL COURT REGARDING THE ACCESS CRISIS

The Constitutional Court (AYM) announced that its website could not be accessed due to high traffic.

In the statement made by the Constitutional Court, "Our decision numbered 2020/88, which annulled certain rules of Presidential Decree No. 66, was published in the Official Gazette dated August 2, 2024, and is available for access. Due to the intensity of internet traffic, access to our site cannot be provided at this moment. It is announced for your information." it was stated.

Public Announcement,

Our decision numbered 2020/88, which annulled certain rules of Presidential Decree No. 66, was published in the Official Gazette dated August 2, 2024, and is available for access. Due to the intensity of internet traffic, access to our site cannot be provided at this moment...

— Constitutional Court (@AYMBASKANLIGI) August 2, 2024

PROF. DR. SÖZÜER SPEAKS TO 12PUNTO

Criminal Law Professor Dr. Adem Sözüer spoke to 12punto regarding today's Instagram access ban and the access crisis at the Constitutional Court (AYM).

"THE LEGAL BASIS HAS NOT BEEN EXPLAINED"

Pointing out that the legal basis for the decision to ban access to Instagram has not been explained, Prof. Dr. Sözüer stated the following:

"The decision to block access to Instagram does not possess the requirements that a legal action must have.

Indeed, there is no justification as there should be regarding the blocking of access. In other words, it has not been explained for exactly what reason this decision was taken and what its legal basis is."

“IF ONE OF THE CRIMES HAS BEEN COMMITTED, ONLY ACCESS TO THAT SPECIFIC CONTENT SHOULD BE BLOCKED”

“If one of the crimes or dangers specified in the law is at issue, the incident, action, act, or crime related to it should have been clearly stated,” said Prof. Dr. Sözüer, continuing as follows:

“Moreover, for example, if one of the catalog crimes has been committed, only the content related to that crime should be removed or access to it should be blocked.

Blocking access to the entire Instagram site due to one or a few posts, and consequently imposing a ban on millions of users unrelated to the crime, is a violation of many rights and freedoms, such as freedom of expression and the right to communication.”

“MANY INDIVIDUALS AND ORGANIZATIONS WILL SUFFER FINANCIAL LOSSES”

Drawing attention to the Constitutional Court and ECHR rulings on rights violations, Prof. Dr. Sözüer stated, “Many individuals and organizations will suffer financial losses due to this practice, which is clearly contrary to the current law and the case law of the Constitutional Court and the ECHR, and which amounts to arbitrariness.” he said.

“COMPENSATION LAWSUITS WILL BE FILED”

Stating that compensation lawsuits could be filed due to the Instagram ban, Sözüer emphasized that the payment of high compensation amounts would come to the agenda, and continued as follows:

“With this unlawful decision in an area where many economic activities are carried out and people earn their livelihoods, property rights and economic rights are also being violated.”

“IT HAS EMERGED THAT NORMALIZATION RHETORIC IS HOLLOW”

Continuing his remarks, drawing attention to ‘normalization’ rhetoric, Prof. Dr. Sözüer concluded his words as follows:

"As seen in the cases of Can Atalay and Osman Kavala, in a system that clearly does not implement the decisions of the Constitutional Court and the ECHR, there is unfortunately no guarantee left for any rights or freedoms.

It has now become clearly evident how hollow the rhetoric of normalization truly is."

HE HAD REACTED ON HIS SOCIAL MEDIA ACCOUNT

Following the access ban imposed on Instagram, Sözüer used the following expressions in a post on his X account:

"The access ban on Instagram is an arbitrary decision that is clearly contrary to the law. It is a violation of freedom of expression. 

Punishing Instagram users in Turkey just because Instagram committed a wrongful act is an unlawful practice.

Instagram and other social media tools use various censorship techniques regarding Palestine.

We have always criticized this. But imposing an access ban on Instagram in Turkey due to a wrongful act by Instagram is a severe violation of many rights."

Indeed, this access ban also deals a blow to and causes damage to legitimate economic activities on the Instagram platform.

This mistake must be corrected as soon as possible.”

The access ban on Instagram is an arbitrary decision that is clearly contrary to the law. It is a violation of freedom of expression. Punishing Instagram users in Turkey just because Instagram made a wrong application is an unlawful practice.
Instagram and other social media tools regarding Palestine...

— Prof. Dr. Adem Sözüer, Attorney at Law https://ademsozuer.com/ (@AdemSozuer) August 2, 2024

News Source: H. Deniz Yılmaz