Turkey is analyzing Germany’s model for its social media regulation that is expected to be submitted to Parliament by the ruling Justice and Development Party (AK Party) in October, Hürriyet daily reported on Monday.
The AK Party, which has been looking at the models of EU countries including Germany, France and the U.K., is planning to create a unique model for Turkey.
Ali Özkaya, AK Party Afyon deputy and constitutional commission deputy chairperson, told Hürriyet that social media regulation does not mean censorship.
According to the news outlet, Germany changed its criminal code on terrorism and violence in 2017. Sharing content that features terrorism, sexual crimes and pornography or insults the freedom of conscience and religion has been criminalized as has spreading disinformation online.
In Germany, social media platforms are given 24 hours to remove content that is illegal. Otherwise, a monetary fine of up to 50 million euros ($58.97 million, TL 505.25 million) is given. German citizens have the right to file a complaint if they determine content has broken the law. Furthermore, a "warn-remove" complaint system is being implemented.
Özkaya noted that these articles must be included in Turkey’s social media regulations as well.
Those engaging in disinformation could be banned from using social media for a period and issued monetary fines.
Social media users caught spreading disinformation in Germany can receive a sentence ranging from one year to five years, he said, adding that a regulation to protect the freedom of speech can be created.
New social media regulations in Turkey went into force in late 2020, marking the start of a new era for the Turkish public using platforms such as Twitter, Instagram and Facebook.
According to the AK Party and the Nationalist Movement Party (MHP), the new regulations aim to protect citizens’ personal data and made social media platforms like Twitter, Instagram and Facebook appoint representatives in the country to remove unlawful content and block harmful content.
The government stated that the legislation was needed to combat cybercrime and protect users.
The bill sets a formal definition of what is a social media provider and ensures the platforms designate a responsible representative for investigations and legal proceedings relating to offenses on platforms.
Social media providers are defined as real or legal entities that allow users to create, monitor or share online content which can be in the form of text, visual content, voice recordings or locations for social interaction.
Foreign-based social network providers that have more than 1 million daily visitors in Turkey will assign at least one representative in the country. That individual's contact information will be included on the website in a way that is obvious and easy to access.
The representative has to be a Turkish citizen if they are not a legal entity.
The representative will be tasked with responding to individual requests to take down content violating privacy and personal rights within 48 hours or to provide grounds for rejection. The company will be held liable for damages if the content is not removed or blocked within 24 hours.
