Turkey Doubles Down on Violations of Digital Privacy and Free Expression

Turkey's recent history is rife with human rights-stifling legislation and practices. The Internet Law, its amendments, and the recent decision of Turkey’s regulator (BTK) further cemented that trend. The Internet Law and amendments require large platforms to appoint a local representative, localize their data, and speed up the removal of content on-demand from the government. Turkey has also adopted a data protection law; however, it has failed to protect fundamental rights in practice. For instance, Turkey implemented emergency surveillance decrees, after the 2016 coup, that granted the Turkish government unrestricted access to communications data without a court order—a carte blanche for government spying. Platforms should stand with their users and uphold international human rights law and standards that protect privacy and free expression. We fear that platforms instead might knuckle under pressure from the Turkish government.

All these legal changes are happening in the midst of Turkey's rule of law and democracy deficit, and lack of independence in the judiciary. Turkey has dismissed and forced the removal of more than 30 Turkish judges and prosecutors, which the European Commission explained has led to self-censorship in the judiciary, further undermining its independence and impartiality. The government has also jailed political opponents, which the European Court of Human Rights has recognized, beyond any reasonable doubt, that the extensions of detention of a political opposition leader had pursued the predominant ulterior purpose of stifling pluralism and limiting freedom of political debate, a core component of a democratic society.

Forced Appointment of Turkish Representatives or Face Hefty Fines

In Turkey, foreign companies with a large social media presence in Turkey are required to appoint a local representative by November 2nd--30 days after BTK sent them a first warning. The law requires this of companies with “daily access” of one million; but it is unclear how “daily access” is measured. This representative must be a duly incorporated company under Turkish law or a Turkish citizen. But the appointment of a legal representative is a complex decision that can make companies vulnerable to domestic legal actions, including potential arrest and criminal charges.  Appointing a local representative requires difficult line-drawing choices that are hard to get right when legally mandated.

Prior to this requirement, the Turkish government sent takedown content or access-blocking demands to platforms' headquarters in the EU or the U.S.  Some local representatives may now respond to such government demands, and can potentially be subject to retaliation for non-compliance with a disproportionate order. Facebook has communicated to the Turkish Government that they won’t comply with the law. Twitter, Google, and TikTok have not made any official statement about their intentions on appointing Turkish representatives, though the deadline expired on November 2nd. To date, only the Russian social media company, VKontakte