Changes to the Law No. 5651

1. Overview

Türkiye’s Law No.5651 for Regulating Internet Publications and Preventing Crimes Committed via Such Publications, passed in 2007, has been revised several times to address changing digital issues, including the development of deepfakes. Deepfakes are not mentioned by name in the law, but present interpretations and complementary regulations affect their regulation.

2. Scope of the Law

The primary focus of Law No.5651 is on online content that offends public order, personal rights, and national security. The deepfakes are indirectly under the law, but are utilized in non-consensual pornography, fraud, or political manipulation that falls under the law. The law operates on the broadcasting and production of the information. Waiver can be allowed for material related to journalism, satire, or scholarly endeavours, but these are handled on an ad hoc basis.

3. Main Provisions

• Prohibited Activities (Article 8): aims to prevent access to online content that is illegal, such as obscenity, crime, or prostitution. Where deepfakes are not expressly mentioned, but they equate to the same, they can fall under the scope of access blocking pursuant to this article.
• Consent Requirements: There is no express mention of consent requirements for deepfakes in the law. However, unauthorized use of someone’s face or voice in deepfakes can be justified on the basis of violation of individual rights under other applicable Turkish laws.
• Platform Obligations: Social networking services with over 1 million users per day in Türkiye are required to have a local representative and react to content removal requests within 48 hours. Non-compliance with this law can result in administrative penalties and bandwidth restrictions.

4. Punishments and Implementation

Transgressions of Law No. 5651 could result in administrative fines, nose diameter caps on download speed, and orders to remove. Compliance enforcement is within the purview of the Information and Communication Technologies Authority (ICTA). The Personal Data Protection Authority (KVKK) could also impose fines where the ‘deepfakes’ unfairly process personal data under the Turkish data protection regime.

5. Important cases or precedents

The Turkish Basic Court declared in October 2023 that some provisions of Law No. 5651, which allowed the ICTA President to order content removal without a court order, were unlawful. This proves that content restrictions in Türkiye are subject to court review.

6. Comparison to Global standards

Tukey’s response to containing deepfakes is less precise than the EU’s draft AI Act, which specifically addresses content takedown and platform responsibility and follows the global trend in trying to curb the dissemination of objectionable digital content.

7. Practical Implications

Content producers should seek clear permission if they are using individuals’ likenesses to prevent prosecution. Victims of deepfakes abuse can appeal to the ICTA or seek judicial recourse with the courts. Sites need to act fast to comply with content take-down notifications to escape penalties.

8. Future Outlook

With advances in deepfake technology, Türkiye can enact more direct legislation to overcome its shortcomings. Endless debate creates space for the possibility of more comprehensive legislation, particularly for AI-based content, to ensure individual rights and public order.