Turkey's internet censorship problem

EXECUTIVE SUMMARY: The Internet is a global system wherein computer networks and worldwide systems are connected to one another electronically. Billions of people are able to have access to all sorts of information through the Internet without any limitations. In this sense, the Internet is like an incredible library that all citizens of the world can freely use. The Internet has no central administration; it cannot be directed by any individual, institution or government. Despite this, every country in the world is working to classify Internet content according to their own priorities.

In 2007 Turkey promulgated Law No. 5651 to regulate and supervise Internet content. Initially, this law was devised to protect children from harmful content and to prevent the encouragement of suicide, prostitution and drug use, but in the ensuing period it paved the way for the restriction of Turkish society's right to information. Access can be blocked to any content that is not deemed to be in line with Turkish law. In order to block access, the Domain Name and Internet Protocol (IP) methods are employed.

The authority vested in Law No

YouTube has been banned under the authority vested in Law No. 5651 for approximately three years due to the online sharing of some videos insulting Mustafa Kemal Atatürk, the founder of the Republic of Turkey. Despite the existence of the ban, Internet users are able to bypass it and have access to YouTube using a variety of methods, which brings about the fact that YouTube is still amongst the 10 most visited websites in Turkey. The blocking of all IP addresses used by YouTube to broadcast has resulted in an access block to some websites belonging to Google and using the same IPs. In the face of public reaction, officials emphasized that Google does not pay any taxes in Turkey, changing mass perception of the issue. This view has developed a new notion in Turkish society that YouTube has been blocked because its owner, Google, does not pay taxes, whereas in reality access block and tax issues are independent of one another. The former has to do with freedom of thought, while the latter falls into the responsibility and authority of the Finance Ministry.

While we are faced with a multidimensional problem, it has become clear that censorship will never be able to bring the Internet under full control. Taking away a society's freedom of having access to information is a violation of basic human rights. And as for the technicalities of access bans, they can be overcome using a number of technological possibilities already available. This inconsistency also decreases the position of the law in the eyes of society, while the censorship itself harms the image of Turkey as a developing, democratic nation. It is clear that the access bans imposed by the courts will not bring a lasting solution. Law No. 5651, which regulates the Internet, should be amended in a manner that will support the freedom of thought and expression, and in accordance with the Council of Europe's Convention on Cybercrime. This process of amendment should be conducted via a transparent, participatory and pluralistic method that respects the right of adults to freedom of thought and access to all forms of Internet content. Courts specializing in Internet affairs must be established. Internet journalism should be defined and its journalists should be recognized and fully accredited by public institutions and establishments. The Press Bulletin Authority (BÄ°K) should create the necessary infrastructure to allow for the representation of online journalism in Turkey.

The developments in information technology of the last decade have affected Internet communication - which includes all forms of media and the entire world in its network - in many dimensions. This has led to a process wherein single products serve multiple functions, such as technological products like the iPhone, BlackBerry, VoIP and webTV, known as "technological convergence." This phenomenon has been described by 21st century thinkers such as Henry Jenkins as the democratization of information and has also changed the public's consumption patterns at their very base.

Daily average of six hours on the Internet

- Youths aged 15-25 spend a daily average of six hours on the Internet. A large portion of this time is spent with e-mail, reading online news and browsing social networking sites.

Today the Internet is no longer just a tool used by professionals; it has entered the everyday lives of people of all age groups and every social status. Without the means provided by the Internet, it would not be possible to provide basic services related to banking, education, healthcare, commerce, entertainment, communication, the state bureaucracy and news gathering.That's why, thinking of the Internet as just one form of media, one workplace or one school is akin to the blind man's description of an elephant - it only tackles the issue in one dimension. In modern societies the Internet resembles the structure of the nervous system in the human body. While evaluating the Internet, we need to take into consideration the dimensions of all possibilities it sets before us.

The Web 2.0 technology that began to be used in 2004 invited Internet users to participate actively and develop their own content much more easily. Through this technology, popular social platforms are used actively by millions of people every day. The possibilities brought by the Internet have democratized information, enabling it to be easily shared by all. For this reason, the Internet access is now a civic right and is viewed as a necessity. The unlimited sharing of information has also brought about brand new philosophical understandings and commercial models along with itself.

Social networking, recreational and friendship websites such as YouTube, Facebook, Twitter, Flicker, MySpace and LinkedIn are parts of the Internet arena along with its other spheres where it is a part of cooperation, organizing, marketing, distribution and education. Fortune 500 companies, international establishments, foundations and universities take their places among social networks and are shared as the part of a two-sided effect, both producing products and coming up with new policies together. Millions of people from different nations and cultures are contributing to the development of a brand new global system and economy through the Internet.

For Turkey, the Internet (Information Society) project is at least as important as the nation's EU bid and the Southeastern Anatolia Project (GAP). The country's economy, education, culture, public administration and democracy should be restructured in light of the means presented by the Internet. In this sense, the e-state project has become a very important development for Turkey.

The possibilities brought about

The possibilities brought about by the Internet are also breaking down conventional economic models of media. The possibilities presented by the increasingly more common laptop computer, 3G Internet and smart mobile devices such as the iPhone and BlackBerry are forcing a change in the way newspapers function. In the near future, when the iPad is expected to be widely used, this will be an indicator of a great digital revolution.

Newspapers are shaped by editors a day in advance, printed and distributed. This period requires significant amount of time and money. But online newspapers can be updated at any moment. It takes a long stint in the archives to access old issues of print newspapers, while accessing back issues of online newspapers and online archives is much faster through the Internet. Thanks to search engines, it is possible to reach many alternative news outlets in various languages. In addition, the opening of articles to public comments in online newspapers helps faster recycling of news. The Internet presents us a whole new style of thinking and reader profile. Thanks to the Internet, everyone has started to become their own news editor.

While Internet technologies display rapid development, the same speed has not been achieved with regard to legal regulations governing online activities. Lawmakers see a need for lengthy studies, research and various legal opinions when it comes to making new laws, while innovation on the Internet can reach millions of users in just a few hours. For that reason, regulations in the drafting stage are affected by daily events and quickly become obsolete or lose their relevance.

Even if the Internet bears some characteristics similar to those of conventional press publication activities, it is also very different. The Internet provides an opportunity for everyone to express themselves, while the expansion of Web 2.0 social platforms turns users into individual content creators, even allowing them to become journalists. A digital camera, a computer with an Internet access are all anybody needs to operate as a journalist. For this reason, there is a need for an autonomous law to supplement the regulations that exist within the Radio and Television Law, the Law on Radio and Television Establishment and Publication, and the Press Law.

An Internet website is technically neither a newspaper nor a magazine nor book. The domestic and foreign publication concept is very subjective. For this reason, a number of items stipulated as mandatory in the existing press laws are not applicable to Internet media. It is impossible to address needs with regard to legislation for the Internet with a single law, as the online environment is very difficult to monitor and control. While bringing order to the Internet, the main goal should be focused not so much on paving the way for supervision and control, but on ensuring the benefit of the society by letting it free. A precautionary measure can unwittingly lead to the obstruction of development. It is very important to regulate the Internet as little as possible and to set technology free whereas the process of legislation along with enforcement should be participatory and transparent as much as possible, including all shareholders. Legal arrangements are not sufficient in and as of themselves; many of the arising problems regarding the Internet have to do with enforcement/application. Courts dedicated to the Internet are a necessity, along with judges, prosecutors and expert witnesses who specialize in online affairs.

The Turkish Internet Law (No

The Turkish Internet Law (No. 5651) went into effect with its publication in the Official Gazette in May 2007 and governs "the regulation of publications on the Internet and fighting crimes committed through these publications." This law aims to set forth the basics and methods when it comes to the responsibilities and duties of content, space and usage providers and countering the usage of these spheres to commit crimes.

Law No. 5651 was introduced with the goal of preventing crimes committed through publishing on the Internet. These crimes are an important part of the public agenda -- especially with the spread of child pornography -- and so legislation on these topics have proceeded rather quickly.

The commission of a crime

Turkish Internet access bans are put in place when there is sufficient reason to suspect the commission of a crime, as specified in Article 8 of this law. These crimes are broken down into two fundamental types:

The decision to block access to websites that have been proven to commit one of these crimes is made by a judge in the case of an investigation and by a court in the case of prosecution. Courts and the Telecommunications and Communications Ministry have the ability to close down websites that contradict the law. Decrees to block access are implemented within 24 hours.

With its speedy passage in 2007, Law No. 5651 has been the subject of heavy criticism due to some negative aspects with regard to its implementation. This law began as an effort to protect children from harmful content and prevent the encouragement of suicide, prostitution and drug use, but over time the law paved the way for applications that would restrict a societal right, to have access to information. Some prohibitions that are put into effect under the scope of the law are reminiscent of political censorship methods. As it currently stands, Law No. 5651 seems to be designed without a good grasp of the Internet's structure.

The rules introduced

Some of the rules introduced by this law conflict with the freedom-based nature of the Internet and result in various problems. The best known example of this amongst public is the ban on access to YouTube. At the root of this problem are demands made by regulations under Law No. 5651 that are not valid in international law.

There is a demand for hosting providers in Turkey to apply and register with the Information Technologies and Communications Authority (BTK) and display the contact information online for both content providers and hosts. This would mean the registration of all those responsible for website creation and content in Turkey, which is technically impossible to implement.

The case of catalog crimes

In the case of catalog crimes, the Telecommunications Directorate has the absolute authority to ban sites if they are based abroad. This practice contradicts the constitution's universal law and the fundamental principles of rulings by the European Court of Human Rights. There is no practical counterpart on the Internet for the concept of "abroad" theoretically speaking. According to the current understanding in Turkey, in order to be considered a domestic website, it must be registered with the BTK.

In blocking access to websites in Turkey, the Domain Name or Internet Protocol (IP) methods are employed. A domain name is a website's online name and address. An IP address is the simplified version of a numbering system that computers use to recognize one another. A website determined to be in violation of the law can have access to its blocked domain. When the IP is blocked, however, all websites that publish via that IP are affected by this situation.

IP to the address of a business center

Should you liken an IP to the address of a business center and the domain name to one of the shops there, then using the IP blocking method is analogous to shutting down an entire business center because of violations committed in one workplace.

With today's technology, it is possible to block offensive content only, instead of blocking an entire publication or website. This is called object-based blocking. Nevertheless, in order for such a system to function, the required infrastructure is both very expensive and slows down the Internet considerably as a control mechanism. Thus, it is preferable not to adhere to any access blocking and censorship-type models.

Law No. 5651 has also drawn harsh criticism from Europe. Organization for Security and Cooperation in Europe (OSCE) Representative on Freedom of the Media, Miklos Haraszti, has issued a call for Turkey to change its Internet legislation and pledges it has made to the OSCE to reflect international standards.[8]

The second "Internet Content Regulation" workshop held on April 20-22, 2010, at Kartepe in Kocaeli debated problems related to Law No. 5651 and the Internet access restrictions stemming from it. The workshop ended with the publication of the Kartepe Criteria in a 94-article document that was created in three days by 65 individuals from 40 different institutions. [9]

Google was founded in California, USA, in 1998 and is an Internet search and advertising firm open to the public. It directs Internet traffic with over 1 million computer servers around the world. Google responds to over 1 billion global Internet search requests each day. The interest shown in Google as a search engine quickly led to the firm's rapid growth and expansion of its investments outside the realm of search engines to include online advertising, social sharing networks, e-mail, photograph and VoIP applications. The Nexus One telephone that was presented to the market last year has become the most serious rival of the iPhone. According to Alexa data, Google is the world's most-frequented website. Due to its size, Google has been the target of strong criticism in many countries.

Among the most important problems in the Internet arena is the tax issue. The Internet's international structure has caused the problem related to digital products, that can easily bypass the customs house, to become seriously complicated.

The Internet is a common space shared

The Internet is a common space shared by all citizens of the world. It has no central system of governance or administration. Prohibitions and regulations regarding freedom of expression do not apply in this sphere. This reality must not be overlooked when considering all manners of legal regulation. For a social state that places importance upon democracy and information technologies, the priority should be devising solutions that will bring uncensored and cheap Internet access to all of its citizens. Within this context we recommend;

· Specialized expert courts should be established to deal with Internet-related issues. Specialization in online law should be assigned importance by the judiciary, and the system of expert witnesses should be made more functional.

Major role in the dissemination of thoughts

· Websites that play a major role in the dissemination of thoughts and ideas on the Internet (such as blogs, forums, video-sharing and social networking sites, etc.) should be evaluated as part and parcel of democracy and pluralism. Ideas that do not incite violence or criminal offense should be seen through the context of freedom of expression. Sanctions that ought to be applied in situations where the Internet has been abused and caused harm to individual freedeom and rights should not negatively affect Internet users' basic rights and freedoms.

· It is very important to regulate the Internet as little as possible and to set technology free whereas the process of legislation along with enforcement should be participatory and transparent including all shareholders.

Eye on the Internet'

· With an eye on the Internet's international nature, when fighting cybercrime international cooperation ought to be ensured, and the catalog crimes in Law No. 5651 should be reevaluated. New regulations should be enacted to prevent illegal organ trade and identity theft. Signing the Council of Europe's Convention on Cybercrime is a very important step in this regard.

· In order to protect minors from harmful online content, content ratings ought to be developed by experts, and families must utilize free child filters for the Internet.

· Online journalism ought to be clearly defined, and accreditation ought to be ensured for journalists at online news outlets and in public institutions and establishments. Internet journalists should be able to benefit fully from all the rights and freedoms provided for other journalists under the law. Internet publishing should also be represented at the B?K.