{"id":1362,"date":"2011-03-17T11:41:53","date_gmt":"2011-03-17T08:41:53","guid":{"rendered":"http:\/\/privacy.cyber-rights.org.tr\/?p=1362"},"modified":"2011-03-17T11:45:31","modified_gmt":"2011-03-17T08:45:31","slug":"lights-back-on-for-blogger-in-turkey","status":"publish","type":"post","link":"https:\/\/privacy.cyber-rights.org.tr\/?p=1362","title":{"rendered":"Lights back on for Blogger in Turkey"},"content":{"rendered":"<p><a href=\"http:\/\/www.hurriyetdailynews.com\/n.php?n=court-decision-to-ban-blogger-cancelled-by-prosecutors-office-following-new-evidence-2011-03-16\">Hurriyet Daily News: Lights back on for Blogger in Turkey<\/a><\/p>\n<p>Wednesday, March 16, 2011<br \/>\nERISA DAUTAJ \u015eENERDEM<br \/>\nISTANBUL &#8211; H\u00fcrriyet Daily News<\/p>\n<div style=\"text-align:center;\"><img data-recalc-dims=\"1\" loading=\"lazy\" decoding=\"async\" src=\"https:\/\/i0.wp.com\/cyberlaw.org.uk\/wp-content\/uploads\/2011\/03\/tdn2.jpg?resize=300%2C600\" alt=\"tdn2.jpg\" border=\"0\" width=\"300\" height=\"600\" \/><\/div>\n<p>Access to the website, a property of Google Inc., was banned two weeks ago by a local court in Diyarbak\u0131r upon a complaint by Digiturk.<\/p>\n<p>Access to the website, a property of Google Inc., was banned two weeks ago by a local court in Diyarbak\u0131r upon a complaint by Digiturk.<\/p>\n<p>New evidence showing that Google had taken action against copyright violators led a prosecutor\u2019s office in Southeast Turkey to decide Monday to lift the ban on the company\u2019s popular blogging platform Blogger.<\/p>\n<p>The ban, which entered into force Feb. 28 following a court decision, was issued based on a complaint by satellite television provider Digiturk that matches broadcast on its Lig TV channel had been illegally posted by several Blogger users.<\/p>\n<p>\u2018We applied [to have the ban removed] to the prosecutor\u2019s office, which required that an expert opinion be prepared regarding our case,\u2019 cyber-rights activist Yaman Akdeniz, a lawyer and professor at Istanbul Bilgi University, told the H\u00fcrriyet Daily News &#038; Economic Review on Wednesday.<\/p>\n<p>The prosecutor\u2019s office in the Southeast province of Diyarbak\u0131r \u2013 home of the court that issued the ban \u2013 decided to lift the ban after the expert opinion found that the accounts linked to the IP addresses on which Digiturk had filed its complaint had been deactivated by Google, Akdeniz said.<\/p>\n<p>\u2018The court could have also asked for an expert opinion before making its decision [to issue the ban], but it didn\u2019t,\u2019 Akdeniz said. He added that it was obvious the court worked only \u2018[based] on paper,\u2019 not even making the effort to visit the websites it was deciding about.<\/p>\n<p>Despite the prosecutor\u2019s freezing of the Diyarbak\u0131r court\u2019s decision, Akdeniz said the risk of being banned again remains for Blogger and other sites.<\/p>\n<p>\u2018Despite this decision, the risk of banning [Blogger] or any other similar website exists,\u2019 Akdeniz said.<\/p>\n<p>Access to the website, a property of Google Inc., was banned two weeks ago by a local court in Diyarbak\u0131r upon a complaint by Digiturk, which owns the broadcast rights to Turkish Super League games. The decision to issue a blanket ban on the site was harshly criticized by thousands of Turkish bloggers, who said it had restricted their fundamental freedom of expression.<\/p>\n<p>An initial appeal of the court\u2019s decision made by Turkish citizens and Blogger users was rejected by the court for procedural reasons. The prosecutor\u2019s office meanwhile accepted a second appeal based on new evidence that access to the blog accounts on that Digiturk had complained about had been blocked by Google.<\/p>\n<p>According to Akdeniz, the law on artistic and intellectual works requires a complainant to warn the owner of a website accused of breaching copyright, and says complainants have the right to file a court case if the site\u2019s owner does not respond within 72 hours.<\/p>\n<p>\u2018Given that such a [warning] mechanism already exists, at least for the Blogger case, I think people [and companies] should be encouraged to make use of it,\u2019 he said, adding that this would take less time and have less of a cost to all parties.<\/p>\n<p>Google authorities had moved to restore access to Blogger following the court decision, saying in a press release March 3 that the company was concerned about content posted via Blogger that breaches the copyrights of other entities and would take immediate action upon legal notification of such cases.<\/p>\n<p>Thousands of websites are banned in Turkey under the framework of Turkish Law No. 5651, which regulates publications and copyright infringements on the Internet, and Law No. 5846 on artistic and intellectual works. The former has been more common as a basis for court decisions on banning websites.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Hurriyet Daily News: Lights back on for Blogger in Turkey Wednesday, March 16, 2011 ERISA DAUTAJ \u015eENERDEM ISTANBUL &#8211; H\u00fcrriyet Daily News Access to the website, a property of Google Inc., was banned two weeks ago by a local court in Diyarbak\u0131r upon a complaint by Digiturk. Access to the website, a property of Google Inc., was banned two weeks&#8230;<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"jetpack_post_was_ever_published":false,"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_memberships_contains_paid_content":false,"footnotes":"","jetpack_publicize_message":"","jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":false,"jetpack_social_options":{"image_generator_settings":{"template":"highway","default_image_id":0,"font":"","enabled":false},"version":2}},"categories":[164,6,40,8,37,11,78],"tags":[],"class_list":["post-1362","post","type-post","status-publish","format-standard","hentry","category-blogspot","category-censorship","category-digiturk","category-google","category-piracy","category-turkey","category-yaman-akdeniz"],"jetpack_publicize_connections":[],"jetpack_featured_media_url":"","jetpack_sharing_enabled":true,"jetpack_shortlink":"https:\/\/wp.me\/p7wjA8-lY","jetpack-related-posts":[],"_links":{"self":[{"href":"https:\/\/privacy.cyber-rights.org.tr\/index.php?rest_route=\/wp\/v2\/posts\/1362","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/privacy.cyber-rights.org.tr\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/privacy.cyber-rights.org.tr\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/privacy.cyber-rights.org.tr\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/privacy.cyber-rights.org.tr\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=1362"}],"version-history":[{"count":5,"href":"https:\/\/privacy.cyber-rights.org.tr\/index.php?rest_route=\/wp\/v2\/posts\/1362\/revisions"}],"predecessor-version":[{"id":1367,"href":"https:\/\/privacy.cyber-rights.org.tr\/index.php?rest_route=\/wp\/v2\/posts\/1362\/revisions\/1367"}],"wp:attachment":[{"href":"https:\/\/privacy.cyber-rights.org.tr\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=1362"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/privacy.cyber-rights.org.tr\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=1362"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/privacy.cyber-rights.org.tr\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=1362"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}