Protection of the Right to Reputation on Social Media (Content Removal)

With the increasing influence of digital platforms, the protection of personal rights has gained a new dimension. Particularly for individuals against whom no criminal investigation has commenced or who have been acquitted, the lawful removal of content on social media has become a fundamental human right. This process is regulated by Law No. 5651, and to prevent the violation of the presumption of innocence, individuals are enabled to protect their reputation by requesting content removal or delisting from search engines.

In today's world, with the increasing influence of digital platforms, the necessity of protecting personal rights has acquired a different dimension. Especially for individuals against whom no criminal investigation has yet commenced or who have been acquitted, the lawful removal of content on social media platforms constitutes a fundamental human right.

Baseless allegations or misinformation regarding past judicial proceedings disseminated on social media can severely damage an individual's reputation in the eyes of society. Therefore, within the framework of the right to reputation in Turkish law, content removal and delisting from search engines are made possible.

Law No. 5651 on the Regulation of Publications on the Internet is one of the fundamental legal instruments to be invoked in this process. The Law meticulously regulates mechanisms for blocking content and access, particularly in cases of infringement of personal rights. However, in practice, due to the technical and legal complexities of these processes, it is crucial for individuals to act through a criminal defense attorney. Strict adherence to procedural rules is essential to prevent loss of rights. Indeed, the presumption of innocence is explicitly protected under Article 38 of the Turkish Constitution, and portraying individuals against whom no criminal investigation exists or who have been acquitted as guilty constitutes a clear violation of the Constitution.

As emphasized in the decisions of the Constitutional Court, the right to privacy and personal rights are among the fundamental values that must be protected in social media content. The Court regards the right to reputation as an extension of human dignity.

According to the jurisprudence of the European Court of Human Rights, an individual's fame and reputation are an integral part of the concept of private life. Consequently, unjust publications on social media constitute a violation of private life under Article 8 of the European Convention on Human Rights.

However, the public's right to information and an individual's right to reputation can sometimes conflict. At this juncture, it is essential for courts to conduct a balancing test when evaluating content removal requests.

Consequently, applications for content removal based on alleged infringement of personal rights under Law No. 5651 can be made to the Magistrates' Criminal Courts. Upon application, the court may assess the existence of the infringement and decide on the removal of the content or the blocking of access. In this process, decisions rendered by the Criminal Chambers of the Regional Courts of Appeal serve as guidance for the courts of first instance, establishing significant jurisprudential consistency in the evaluation of applications.

The established jurisprudence of the Court of Cassation also emphasizes that portraying an individual as guilty on social media, despite their acquittal in criminal courts, constitutes an infringement of personal rights. In this context, the swift removal of such content has been adopted as a principle.

Particularly for individuals against whom a decision of non-prosecution has been rendered, the imputation of criminal charges in social media content constitutes a clear illegality. For these individuals, content removal requests have virtually become a necessity. During the application process, aspects such as the platforms where the content is located, the nature of the content, and whether it targets the individual must be meticulously analyzed. Content removal and the right to be forgotten are evaluated within the framework of these data. If the content removal application is to be made directly to the platform, the presence of the platform's representative office in Turkey is also of particular importance. Direct removal requests can be submitted through the representative office.

Should the content not be removed or requests remain unanswered, the path to direct application to the Magistrates' Criminal Court becomes available. The Court, when rendering a decision, must consider both the provisions of the Constitution and the judgments of the ECHR. During the application process, adherence to procedural economy and the complete submission of necessary documents are of utmost importance. Otherwise, the application may be rejected.

The application petition prepared by a criminal defense attorney must meticulously detail the nature of the infringement, the damages suffered by the client, the current legal status, and the URL addresses of the content requested for removal.

Furthermore, aspects such as the publication date of the social media content, its reach, and its impact on society are among the criteria the court will consider when exercising its discretion.

In its individual application decisions, the Constitutional Court emphasizes the necessity of exhausting effective remedies in claims of infringement of the right to reputation. Therefore, the appeal process against decisions of the Magistrates' Criminal Court must also be properly followed.

The removal of content on social media is important not only for the protection of an individual's honor and dignity but also for maintaining public order. For the assurance of public trust, the protection of an individual's innocence is essential.

While a decision to block access can render content directly invisible, permanent deletion of content may additionally require __DIR__ . '/../../footer.php'; ?>