1. Law No. 7252 – Establishment of Digital Platforms Commission
Law No. 7252 on the Establishment of Digital Platforms Commission and Amendment of Certain Laws which was published in the Official Gazette No. 31199 on 28 July 2020 (the “Law”) regulates establishment of a Digital Platforms Commission (the “Commission”) within the Turkish Parliament for the purposes of analysing, consulting, reporting or providing recommendations and opinions to prevent breach of laws, personal rights, the right of privacy of individuals and other fundamental rights and freedoms and damages to physical or psychological development of children and performing the duties assigned to it as explained in detail in this document.
2. Form of the Commission
The Commission consists of seventeen members and the number of seats from each political party will be determined according to their percentages represented within the total number of party groups. The Commission shall conduct its meeting with at least 2/3 of its total members and pass decisions with simple majority of the attendees in the meetings.
3. Duties of the Commission
a) Discussing on and review of the works/tasks it is assigned with; review of the draft laws proposed to the Turkish Parliament, presidential decrees issued during the state of emergency in the event of such request by the Head of Commission or special commissions, and providing of opinions.
b) Providing opinions and recommendations regarding controlling the use of the internet to prevent breach of the laws, personal rights, fundamental rights and freedoms and privacy of the individuals, and to prevent damages to the physical and physiological development of children.
c) Providing opinions and recommendations on fighting against crimes committed through use of the internet.
d) Following international developments regarding the subjects mentioned in subparagraphs (b) and (c), conduct inspections abroad on these subjects if it is required, and provide opinions and recommendations on the same.
e) Organising informative events and projects in relation to lawful use of the internet.
4. Authorities of the Commission
The Commission shall have the authority to:
a) Request information and documentation from public institutions, content providers, access providers, hosting providers and natural persons and legal entities whether local or foreign that operate under the Law No. 5651 Regarding Regulation of Publications within the Internet and Preventing Crimes Committed Through Internet in connection with their duties and responsibilities.
b) Benefit from the works of public institutions and organizations, universities, non-governmental organizations and public professional organizations in relation to their duties.
c) Consult with experts to obtain their opinions if considered necessary.
The rationale of the Law provides that establishment of Commission aims to allow legislative authorities to contribute to the activities and works with the purpose of lawful use of internet. It is recognized that establishment of Digital Platforms Commission would help taking of effective prevention and inspection measures against crimes committed through internet, also in consideration with the the recently enacted Law No. 5651
The Commission is expected to stand as an effective mechanism of the Turkish Parliament in reducing possible damages to the personal rights and breach of privacy rights of the individuals, physical and psychological development of children; informing the public in relation to lawful use of the internet and preventing the crimes committed through Internet. . The practices of the Commission will show whether and to which extent the Commission will play an active role on regulating digital platforms and legislative procedures in time.
@Kesikli Law Firm
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