New law proposed by AKP ushers in 'block first, court order later' era

The regulation was published in the Official Gazette today (Friday, July 31) and entered into force.

With the regulation, some of the BTK's powers are being transferred to the Cyber Security Presidency.

All physical/digital assets, systems, and financial liabilities used by the BTK to exercise the powers transferred to the Cyber Security Presidency will be handed over to the new institution within 3 months from the date the law enters into force.

Under the regulation, powers regarding content removal without a court order, authority over social network platforms and gaming platforms, bandwidth throttling, and legal wiretapping authority are being transferred to the Cyber Security Presidency.

The Association of Freedom of Expression had described the process as a "digital obedience regime" in a statement made when the law was first proposed.

CONTENT REMOVAL WITHOUT A COURT ORDER

With the regulation, a content removal decision can be made upon the request of the Cyber Security Presidency without a court order, and content providers will be obliged to implement the decision within 2 hours.

The decision will also be submitted to a criminal judgeship of peace for approval within 24 hours, and the judge will announce their decision within 48 hours. Otherwise, the decision will automatically be revoked.

The Presidency will be able to impose administrative fines ranging from 20 thousand liras to 100 thousand liras per violation on those who fail to fulfill their obligations regarding the duties and powers regulated in this Law.

In the previous regulation, a court order was required for a content removal decision. It was stipulated that the content should be removed within 4 hours after the court conveyed its decision to the content providers.

SOCIAL NETWORKS AND GAMING PLATFORMS ALSO TRANSFERRED TO SGB

Foreign-sourced social network providers with more than 1 million daily accesses in Turkey are required to have a representative.

Furthermore, platforms with over 10 million accesses are obliged to implement decisions regarding content removal/access blocking related to the right to life, safety of life and property, national security, public order, and the protection of general health immediately and within at most one hour.

With the new regulation, the BTK's powers over social media and gaming platforms have been transferred to the SGB.

LEGAL WIRETAPPING AUTHORITY PASSES TO SGB

The SGB is being tasked with providing the technical means for legal wiretapping and intervention.

Law No. 5809 on Electronic Communications granted the BTK the authority to impose an obligation on operators to provide technical means for legal wiretapping and intervention. Accordingly, authorized institutions such as the MIT (National Intelligence Organization) and the Police were conducting wiretapping with a court order. The BTK, on the other hand, was regulating the technical infrastructure required for these operations.

With the new regulation, the necessary technical infrastructure will be prepared by the SGB.

LEGAL BASIS FOR BANDWIDTH THROTTLING REMOVED

With the new regulation, the only legal basis for bandwidth throttling is also being removed.

In the old regulation, the authority for bandwidth throttling was more clearly defined.

In the previous regulation, bandwidth throttling was notified to the BTK via a measure determined by the Presidency and was conveyed to access providers and data centers by the President of the BTK. The decision was implemented within two hours and submitted to the approval of a criminal judgeship of peace within twenty-four hours. If the judge did not make a decision within forty-eight hours, the provision was automatically revoked.

With the new regulation, Article 60/10 of Law No. 5809, which was the only legal basis for bandwidth throttling, is being repealed.

In the new regulation, the SGB can also make decisions ex officio or upon the request of intelligence or security institutions.

SGB WAS ESTABLISHED IN 2025

The Cyber Security Presidency was established by a Presidential decree on January 8, 2025.

It was placed on a legal footing with the Cyber Security Law No. 7545, which entered into force on March 12, 2025. The law regulated the Presidency's duties and powers, cyber security audits, certification processes, and obligations regarding critical infrastructure in detail.

On December 25, 2025, digital government, the e-Government Gateway, and artificial intelligence applications in the public sector were added to the Presidency's responsibilities.

News Source: 12punto