Fake Twitter Account - Removal of Content

REPUBLIC OF TÜRKİYE

COURT OF CASSATION

7TH CRIMINAL CHAMBER

Merits No: 2014/5036

Decision No: 2014/12937

Date of Decision: 19.06.2014

ACTION: The case file containing the request for reversal in the interest of law (kanun yararına bozma) issued by the Supreme Ministry of Justice under letter dated 13/01/2014, No. 2892, against decision dated 12/07/2013, Miscellaneous Work No. 2013/186 rendered by the appellate authority Büyükçekmece 8th Criminal Court of First Instance regarding the rejection of the objection directed against decision dated 29/05/2013, Miscellaneous Work No. 2013/1077 rendered by the Büyükçekmece 1st Peace Judgeship of Criminal Jurisdiction rejecting counsel for A.. Ş..'s request for the removal of the username, profile picture, and impersonating tweet contents contained in the Twitter account created under the username @er....ner on the social networking site Twitter, was transmitted to our Chamber under notification dated 24/01/2014, KYB No. 2014/22872 of the Chief Public Prosecutor's Office of the Court of Cassation and was read.

In the aforementioned notification:

Taking into consideration the regulation in Article 9/1-2 of Law No. 5651 on the Regulation of Publications Made on the Internet and Fighting Against Crimes Committed Means of These Publications providing:

"A person claiming that his/her rights have been violated due to content may request the content provider, or if unable to reach it, the hosting provider, to remove the content concerning himself/herself from publication and to publish a response prepared not exceeding the scope of the publication on the internet for a duration of one week. The content or hosting provider shall fulfill the request within two days from the date it reaches them. If the request is not fulfilled within this period, it shall be deemed rejected. In the event that the request is deemed rejected, the person may apply within fifteen days to the peace court of jurisdiction at his/her place of residence, requesting a decision for the removal of the content from publication and the publication of the response prepared not exceeding the scope of the publication on the internet for a duration of one week. The peace judge shall decide on this request within three days without holding a hearing. An objection against the decision of the peace judge may be pursued pursuant to the provisions of the Code of Criminal Procedure."

It is understood that the username, profile picture, and impersonating tweet contents contained in the Twitter account created under the username @er....ner are of a nature to violate the honor, dignity, and personal rights of the person concerned; that the posts made from the created fake Twitter account caused the impression as if they belonged to A.. Ş..; and that tweets were sent to the mentioned profile with the impression that the subject username belonged to the person concerned. In the face of these facts, establishing a decision for rejection as written instead of accepting the objection was not found appropriate, and the necessity to set aside the mentioned decision pursuant to Article 309 of the Code of Criminal Procedure No. 5271 was reported based on reversal in the interest of law;

Deliberated and discussed in the name of the Turkish Nation:

JUDGMENT:

Because the content of the notification based on the request of the Chief Public Prosecutor's Office of the Court of Cassation for reversal in the interest of law was deemed well-founded, it was decided unanimously on 19/06/2014 that decision dated 12.07.2013, Misc. Work No. 2013/186 of the Büyükçekmece 8th Criminal Court of First Instance be REVERSED (BOZULMASINA) pursuant to CMK Article 309, and that the username, profile picture, and tweet contents contained in the Twitter account with the username @ertemsener be removed from publication.