Removal and Blocking of Access to Social Media Content

Entrance

Social media is one of the most powerful digital platforms today, directly affecting individuals' private lives, professional reputations, business activities, personal data, and public visibility. A post, comment, story, video, live broadcast, or group message on platforms like Instagram, X, TikTok, Facebook, YouTube, LinkedIn, WhatsApp, Telegram, and similar platforms can reach very large audiences in a short time. Therefore, removing illegal social media content and, if necessary, blocking access to it is often as urgent a need for the victim as a criminal investigation or a compensation lawsuit.

Removing social media content means deleting the content directly from the platform or where it is hosted. Blocking access, on the other hand, means making the content inaccessible from Türkiye, even if it hasn't been completely deleted. Law No. 5651 defines "blocking access" as blocking access via domain name, IP address, URL, or similar methods; while "removal of content" is regulated as the removal of content from servers or hosted content by the content or hosting provider.

In practice, requests for content removal and access blocking arise for a wide variety of reasons, including defamation, libel, violation of privacy, unlawful dissemination of personal data, obscene content, child sexual abuse, threats, blackmail, fraud, fake accounts, trademark infringement, damage to commercial reputation, and violation of personal rights. However, the same application process is not used for every type of content. The nature of the content, the victim's request, the platform on which the content was disseminated, the evidence, and the urgency of the violation determine the appropriate application method.

What does it mean to remove social media content?

Content removal is the deletion or removal of an illegal post from its source. For example, the removal of an offensive post on Instagram, the deletion of a post containing personal data on X, the removal of a video violating privacy from TikTok, the removal of an unauthorized video from YouTube, or the deletion of a revealing article from a website are all considered content removal.

Removing content is a more effective method than blocking access. This is because when content is removed, not only is access from Türkiye restricted, but the content's publication on the platform where it was originally located usually ends. In contrast, blocking access, in most cases, only limits access from Türkiye. The content may continue to be viewable from foreign countries or via VPN. Therefore, the ideal solution for the victim is, if possible, to have the content removed from its source.

However, platforms may not accept every application. Just because a post is offensive doesn't automatically mean it will be removed by the platform. Platforms generally make decisions based on their own community guidelines, complaint mechanisms, and legal claims. Therefore, when submitting an application, the nature of the violation, the right it infringes, the victim's connection, the full URL of the content, and supporting evidence must be clearly presented.

What does it mean to be blocked from access?

Blocking access is the technical prevention of access to illegal content from Türkiye. Access blocks can be implemented using URL-based, domain-based, IP-based, or other technical methods. Law No. 5651 primarily provides for URL-based access blocks based on the specific publication, section, or part where the violation occurred; blocking access to the entire site is a more severe intervention and is only considered when URL-based blocking is technically insufficient.

Access restrictions are particularly important in practical situations where the content has not been removed from the platform or the content provider cannot be reached. For example, if a victim's private photo has been published on a foreign-based website, and the site administrator cannot be reached and the content is not removed, blocking access from Türkiye can mitigate the victim's harm.

However, access restrictions should always be considered a last resort. This is because blocking access is directly linked to freedom of expression, freedom of the press, and the right to information. Especially when it comes to news, criticism, content of public interest, political debates, or consumer comments, courts and administrative authorities must strike a fair balance between the right to privacy and freedom of expression.

Application Procedures Under Law No. 5651

Law No. 5651 is one of the fundamental regulations regarding the removal of social media content and the blocking of access. However, the methods in Law No. 5651 vary according to the nature of the content. In general, Article 8 of Law No. 5651 applies to cataloged offenses, Article 8/A applies to public order and cases where delay would be detrimental, Article 9/A applies to the privacy of private life, and Additional Article 4 applies to the obligations of social network providers, along with general private law/criminal remedies.

Article 8 of Law No. 5651 stipulates that decisions may be made to remove content or block access to publications on the internet where there is sufficient suspicion that the content constitutes certain crimes. These crimes include incitement to suicide, child sexual abuse, facilitating the use of narcotics or stimulants, obscenity, prostitution, providing places and means for gambling, crimes against Atatürk, and certain illegal betting regulations.

Article 8/A of Law No. 5651 regulates the decision to remove content or block access in cases where delay would be detrimental due to reasons such as the right to life, the safety of persons and property, national security, public order, prevention of crime, or protection of public health. This article is more commonly applied to content that is of a public order or emergency nature.

The Importance of Content Removal Due to Personality Rights and the Constitutional Court's Annulment

In the past, the most frequently used remedy against social media and internet content due to violations of personal rights was Article 9 of Law No. 5651. This article allowed individuals claiming violations of their personal rights to apply to the content or service provider, or directly request the removal of the content and the blocking of access from a magistrate's court. However, the Constitutional Court, in its decision dated October 11, 2023, numbered E.2020/76, K.2023/172, annulled Article 9 of Law No. 5651 on the grounds that it did not contain sufficient procedural guarantees regarding freedom of expression and the press. The Constitutional Court emphasized that this regulation did not foresee a tiered intervention method, that decisions could lead to indefinite access restrictions, and that it did not adequately provide guarantees for adversarial proceedings.

This cancellation decision is very important in the field of social media content removal. Because it is no longer possible to apply the old Article 9 of Law No. 5651 in the same way in every case where personal rights are violated. Therefore, in cases such as defamation, damage to commercial reputation, unfounded comments, harsh criticism, and attacks on personal rights, the application strategy must be re-established according to the specific case. Platform applications, criminal complaints, Article 9/A of Law No. 5651 if there is a violation of privacy, applications under the Personal Data Protection Law/Turkish Penal Code if there is a personal data breach, relevant specific procedures if there is a trademark or copyright infringement, as well as civil lawsuits based on the provisions of the Turkish Commercial Code and the Turkish Code of Obligations, should be considered together.

Articles 24 and 25 of the Turkish Civil Code constitute the fundamental basis of private law for preventing and stopping attacks on personal rights, determining illegality, rectifying violations, publishing decisions, and claiming compensation. Therefore, the annulment of Article 9 of Law No. 5651 does not mean that personal rights are completely unprotected; however, the scope and applicability of the rapid access blocking mechanism have changed.

Application under Article 9/A of Law No. 5651 due to the Right to Privacy

If social media content violates the right to privacy, Article 9/A of Law No. 5651 remains a very important avenue for recourse. According to this article, individuals who claim that their privacy has been violated due to content published online can directly apply to the Authority to request that access to the content be blocked. The application must include the full URL of the publication causing the violation, an explanation of how the privacy has been violated, and information proving the applicant's identity; any missing information will not be processed.

Applications under Article 9/A of Law No. 5651 are particularly relevant in cases involving the sharing of private photographs or videos, disclosure of private correspondence, publication of health information, family life, sexual life, images from the home, secret audio recordings, or information relating to a person's private life. The most important feature of this procedure is its ability to provide rapid intervention. Upon application to the institution, the President notifies the Union of the request, and access providers implement the measure immediately, at the latest within four hours. However, the applicant must submit the request to block access to a magistrate within twenty-four hours of making the request; if the judge does not make a decision within forty-eight hours, the measure is automatically lifted.

Therefore, time is critical in cases of privacy violations. For example, when a person's private photo is published on Instagram, Telegram, or a website, the URL and evidence must first be obtained, an application under Article 9/A of Law No. 5651 must be made immediately, and then the process at the magistrates' court must be completed within twenty-four hours. Otherwise, the temporary access restriction measure may be lifted.

Platform Applications: Instagram, X, TikTok, Facebook, and YouTube

The first practical way to have social media content removed is often to use the platforms' own complaint mechanisms. On platforms like Instagram, X, TikTok, Facebook, and YouTube, complaints can be filed under headings such as defamation, harassment, nudity, sharing of private images, impersonation accounts, copyright infringement, trademark infringement, fraud, sharing of personal information, and threats.

Platform applications do not always require a court order. In some clear violations, the platform may remove content or close the account according to its own community rules. For example, platforms can take swift action in cases such as fake accounts, sharing nude images, child safety violations, accounts used for fraudulent purposes, or disclosure of personal information.

However, evidence must be collected before filing a complaint with the platform. This is because after the content is removed, evidence necessary for criminal investigations, compensation claims, or identification may be lost. Therefore, the victim should first save screenshots, screen recordings, URLs, usernames, profile links, posting dates, and message content; only then should they file a complaint with the platform.

Article 4 of the Additional Provisions of Law No. 5651 regulates the obligation of social network providers with more than one million daily users in Türkiye to respond to applications made by individuals within a specified period. The current text shows that this obligation has been reshaped with amendments effective from November 1, 2026; therefore, the effective dates and current obligations should be checked separately when making applications to social network providers.

Can offensive content be removed?

Insulting content on social media can be evaluated under criminal law, private law, and platform rules. Swearing, making derogatory remarks, or using expressions that target someone's honor and reputation may constitute the crime of insult under Article 125 of the Turkish Penal Code. However, not every harsh criticism is an insult. Therefore, a request to remove content must clearly explain why the expression exceeded the limits of criticism.

For offensive Instagram comments, X posts, TikTok videos, or YouTube comments, evidence must first be gathered, then a complaint must be filed with the platform, and a criminal complaint must also be filed with the Public Prosecutor's Office. If the perpetrator is known, they are directly stated in the complaint; if the perpetrator is using a fake account, IP-log records are requested from the platform.

Due to the Constitutional Court's annulment of the old Article 5651.9 fast access blocking route regarding violations of personal rights, evaluation is now required more carefully. If the issue is purely defamation or damage to reputation, current procedures such as platform complaints, criminal investigations, claims for moral damages, preliminary injunctions, and general legal remedies should be considered together. If the content also violates privacy or personal data, specific avenues such as Article 5651.9/A, the Personal Data Protection Law (KVKK), or Article 136 of the Turkish Penal Code (TCK) may also be considered.

Content that Involves Personal Data Breach

If a person's phone number, address, national identity information, passport information, bank information, health data, private correspondence, photograph, or location information is shared without permission on social media, it may constitute unlawful dissemination of personal data. In this case, not only should the content be removed, but a criminal complaint and, if necessary, a GDPR application should also be considered.

For example, sharing someone's phone number with a "call and harass" message, disclosing their address, publishing their identity document on social media, sharing information about their illness, or using their private photograph on a fake account can have serious legal consequences. This could constitute a crime under Article 136 of the Turkish Penal Code, which involves unlawfully disclosing, disseminating, or obtaining personal data.

In such cases, a platform application is often more effective because many platforms consider the disclosure of personal information to be against their community guidelines. However, applications made without evidence may lead to proof problems later on. Therefore, before the content is removed, the URL, screenshot, screen recording, sharing date, username, and the specific personal data disclosed should be documented.

Closing down fake accounts

A significant portion of social media content removal requests concern fake accounts. Accounts created using someone else's name, photograph, professional title, company logo, or personal information can constitute violations of privacy rights, personal data, and sometimes fraud. The process becomes even more difficult if the fake account is used for defamation, threats, solicitation of money, deception of customers, sharing of private images, or damage to reputation.

The platform's fake account application mechanism can be used to close a fake account. However, simply closing the account is not enough. To identify the perpetrator, the account URL, username, profile picture, biography text, follower/following list, posts, messages, and any monetary requests must be documented. Accessing IP and log records may be more difficult after the account is closed; therefore, the criminal complaint should urgently request access to the platform's records.

If the fake account is used for commercial purposes, trademark infringement, unfair competition, and fraud provisions may also come into play. For example, if a law firm, doctor, clinic, boutique, bank, shipping company, or public institution is impersonated to solicit money, this situation should be further evaluated in terms of qualified fraud and trademark/reputation infringement.

Criminal Content and Prosecutor's Application

Some social media content not only violates personal rights but also constitutes a direct crime. In cases such as child sexual abuse, obscenity, incitement to suicide, facilitating drug use, illegal gambling, prostitution, threats, blackmail, fraud, or disclosure of private information, a criminal complaint should be filed with the Public Prosecutor's Office.

In accordance with Article 8 of Law No. 5651, regarding cataloged offenses, the judge may order the removal of content or the blocking of access during the investigation phase, or the public prosecutor in cases where delay would be detrimental; and the court during the prosecution phase. The prosecutor's decision, in cases where delay would be detrimental, must be submitted to the judge for approval within twenty-four hours.

In cases involving such content, the victim or complainant must present evidence that clearly demonstrates the nature of the crime. Simply stating "this content is a crime" is not sufficient. The content link, screenshots, username, date and time information, connection to the victim, information about the perpetrator, or digital traces if the perpetrator is unknown, must be attached to the petition. The prosecutor's office should be requested to initiate both a criminal investigation and take the necessary measures to remove/block access to the content.

Gathering Evidence: What to Do Before Removing Content?

The most common mistake in the process of removing social media content is reporting the content without gathering evidence. When the platform removes the content or the account is closed, the victim may be left with only a vague allegation. Therefore, the first step is always to gather evidence.

As evidence, screenshots, screen recordings, URLs, usernames, profile links, posting date and time, comments, likes, whether the post was public, story screenshots, private messages, group chats, phone numbers, IBANs, cryptocurrency wallet addresses, and witness information (if any) should be saved. Screen recordings are especially important for content that can be quickly deleted, such as Instagram stories, TikTok live streams, X posts, or Telegram messages.

If the content constitutes a very serious violation, evidence gathering may be considered through a notary public, a forensic IT expert report, or court proceedings. Especially in cases involving damage to commercial reputation, high-follower accounts, fake accounts, disclosure of private life, or high compensation claims, the reliability of the evidence can directly affect the outcome of the case.

The Importance of URLs in Content Removal Requests

The full URL is extremely important in content removal and access blocking applications. Article 9/A of Law No. 5651 mandates that the full address of the publication causing the violation must be specified in privacy violation applications; requests will not be processed if the information is incomplete.

Simply stating "This person shared this on Instagram" or "I have a video on TikTok" is not enough. The full link to the content, username, post or video link, screen recording if it's a story, profile link if it's a private message, and message dates must be provided. For Twitter/X posts, the share link should be clearly stated; for YouTube videos, the video URL; for websites, the news or page URL; and for Telegram channels, the message link or channel information should be as clear as possible.

Providing the correct URL is also important for ensuring that access restrictions are applied proportionally. Requesting a full site access ban when URL-based blocking is possible can raise issues regarding freedom of expression and proportionality. Therefore, the application should be directed at the specific content where the violation occurred.

Can a content removal request, a criminal complaint, and a compensation lawsuit be filed simultaneously?

Yes, depending on the specifics of the case, content removal/access blocking, criminal complaints, and compensation lawsuits can be pursued simultaneously. These methods are not alternatives to each other. Content removal or access blocking aims to stop the dissemination of unlawful content. Criminal complaints investigate the criminal liability of the perpetrator. Compensation lawsuits aim to compensate the victim for their material or moral damages.

For example, if a video containing serious insults about a person is published on TikTok, a request can be made to the platform to remove the content, a complaint can be filed with the Public Prosecutor's Office regarding insult and violation of personal data, and a lawsuit for moral damages can also be filed. If the video violates private life, an application can also be made under Article 9/A of Law No. 5651.

Strategy is crucial in these processes. In some cases, a quick application for content removal should be made first, followed by legal action for penalties and compensation. In other cases, to prevent the loss of evidence, a notarized statement or screen recording should be obtained first, and then an application should be made to the platform.

What to do if a content removal request is rejected?

If the platform application is rejected or the content is not removed, legal avenues will be explored. If the content violates privacy, an application can be made under Article 9/A of Law No. 5651. If the content constitutes a crime, an application can be made to the Public Prosecutor's Office requesting the removal of the content or the blocking of access to it. If the content constitutes an attack on personal rights, a request can be made under Articles 24-25 of the Turkish Penal Code and Article 58 of the Turkish Code of Obligations to stop the attack, determine the illegality, award compensation, and take appropriate measures.

Due to the repeal of Article 9 of Law No. 5651, instead of the old expedited criminal justice model for violations of personal rights, preliminary injunctions in general courts, private civil lawsuits, criminal investigations, platform applications, or special regulations should be used depending on the nature of the specific case. This situation requires a more carefully established application strategy, especially for defamatory and insulting content.

The Right to be Removed from Search Engine Results and to be Forgotten

In some cases, even if the original content has been removed, it may still appear in search results on Google or other search engines. In such situations, a request to remove the results can be made to the search engines. Requests for the right to be forgotten and removal from search engine results may be particularly relevant for older news articles, cases resulting in acquittal or dismissal of charges, pages containing personal data, private life information, or outdated content.

Under the previous version of Article 9 of Law No. 5651, the judge could decide whether the applicant's name should be associated with the internet addresses in question and which search engines should be notified. However, the situation after the repeal of Article 9 should be evaluated separately. Currently, search engine applications should be considered within the framework of the Personal Data Protection Law (KVKK), personal rights, the right to be forgotten, and platform policies.

Conclusion

The removal and blocking of access to social media content is one of the most current and sensitive areas of information technology law. An Instagram story, X post, TikTok video, Facebook post, YouTube comment, WhatsApp message, or Telegram post may constitute defamation, violation of privacy, breach of personal data, fraud, fake account, threat, blackmail, or damage to commercial reputation. In such cases, the victim must act quickly, protect evidence, and choose the correct legal avenue of recourse.

Law No. 5651 still provides important avenues for redress in areas such as cataloged crimes, public order, and the privacy of private life. Specifically, regarding content violating the privacy of private life, Article 9/A of Law 5651 provides a direct application to the Institution and a rapid access blocking mechanism. However, the fact that the old Article 9/A avenue based on personal rights was annulled by the Constitutional Court has made it necessary to carefully establish an application strategy for defamatory and reputational content in accordance with current legislation.

The most important step for the victim is to gather evidence before the content is removed. Screenshots, screen recordings, URLs, usernames, date and time information, profile links, messages, comments, and any payment/threat information should be saved. Then, depending on the nature of the violation, the platform application, application under Article 9/A of Law No. 5651, complaint to the prosecutor's office, compensation lawsuit, preliminary injunction, application under the Personal Data Protection Law, or trademark/copyright applications should be evaluated.

In conclusion, removing social media content is not simply a matter of "reporting" it. Each case must be examined individually, considering the legal nature of the content, the evidentiary conditions, the urgency, the platform's structure, the balance between freedom of expression and violations of privacy and personal rights. A properly and promptly conducted process will both stop the spread of illegal content and protect the victim's rights to criminal penalties and compensation.