BTK Regulations for Social Network Providers – Breaking News
The decision of the Council for Information Technology and Communication (BTK) entered into force after publication in the Official Gazette.
The decision lays down the obligations of the social network provider and the procedures and principles with regard to the implementation of these obligations.
Accordingly, social network providers based abroad with more than 1 million daily access from Turkey are required to designate at least one authorized natural or legal person as their representative in Turkey.
The Representative will have to comply with the requirements of the notices, notices or requests to be sent by the BTK, the Access Providers Association, the judicial authorities, the responsibility arising from being the content or hosting provider of the social network provider and other obligations under law.
Social network providers will be required to include the address of the representative for notification in Turkey and their email address on their website in a way that can be easily retrieved and directly consulted.
48 HOURS TIME
The concerned social network providers will ensure that the applications of individuals can be easily received and that the application can be made in the Turkish language option.
Network providers must answer applications in the affirmative or in the negative, stating reasons, within 48 hours of the application being submitted. Requests in Turkish will be answered in Turkish.
Social network providers will take the necessary measures to host the data of users in Turkey in Turkey.
SEVERE PENALTY IF NO REPRESENTATIVE
The provider of the social network, which does not fulfill its obligations with regard to the determination of a representative, will be informed by the BTK.
An administrative fine of 10 million lira will be imposed on the social network provider who does not appoint a representative within 30 days of the notification. If no representative has been appointed within 30 days of the administrative fine being served, an additional administrative fine of Lit 30 million will be imposed.
Social network providers who fail to comply with their obligation to respond to requests from individuals will be fined 5 million liras. Anyone who does not comply with the notification obligation will be sentenced to an administrative fine of 10 million lira.
REPORTING PROCESS
These social network providers, which have daily access to more than 1 million people from Turkey, will submit reports in Turkish to the BTK in periods of 6 months, containing statistical and categorical information on the implementation of the decisions to restrict access to the content communicated to them and the applications to be submitted by individuals.
In the report, information on the technical infrastructure for implementing decisions to remove content and/or block access, and the receipt and assessment of requests from individuals, and information on the qualifications and administrative capacity of staff to decisions to be implemented, detailed process information on the implementation period and manner and geographic scope of the decisions, the number of applications received from individuals, categorical and statistical information on the process, such as its type, positive or negative evaluation, response, reasons for the negative answers, the duration of the conclusion, the authority that made the decision and sent the decision with regard to the decisions sent by the judicial or administrative authorities, the way the decision was sent, the type of decision, the determination of the legislation on which the decision is based, There will be categorical statistical information, such as the duration of the implementation of the decisions.
In addition, information about measures taken to treat users equally and impartially, information about necessary steps to update preferences for recommended content and to allow users to control the use of users’ personal information, title tags, featured or restricted content algorithms limit, and transparency and advertising. The report will also include information on the company’s policies, the establishment of an advertising library and its publication on the website.
ADVERTISING LIBRARY WILL BE MADE
Social network providers are required to create an ad library. In this library, the advertiser includes the content and type of the ad, the time period it has been on the air, the audience and parameters used to determine the audience, and the number of people and groups they reach.
The social network provider will place the ad library on its website in a manner that is highly visible and readily accessible.
INFORMING THE LEGAL AUTHORITIES
Information necessary to reach the perpetrators who have created or distributed Internet content related to child sexual abuse, disseminated misleading information to the public, disrupted the unity and integrity of the state, committed crimes against the constitutional order and the functioning of this order, crimes against the state secrets and espionage crimes, the prosecutor will be handed over to the judicial authorities in the investigation phase by the representative of the relevant social network provider in Turkey, at the request of the court where the proceedings are conducted during the prosecution phase.
SEPARATE SERVICE IS OFFERED FOR CHILDREN
Social network providers will take the necessary measures to provide segregated services specific to children.
Social network providers provide content, advertisements and other services that are offered to users who may be perceived as children, taking into account the age of the child, the best interests of the child, protection of the physical, psychological and emotional development, prevention of sexual abuse and commercial risks against children, protection of children’s personal data with a high level of privacy settings and minimum standards. will consider issues such as data processing safeguards, contract, user settings and data policies, in a way the child can understand.
These network providers will set up a Turkish, clear, understandable and easily accessible request mechanism for accounts that have been hacked or impersonate others, and will complete the requests within a reasonable time.
The social network provider is responsible for preparing a crisis plan for emergencies affecting public safety and public health and for communicating this to the BTK.