Subject 14 -Turkish Internet Law

Subject 14 -Turkish Internet Law

Introduction

Internet broadcasts are regulated in the Turkish legal system by Law No. 5651, titled “The Law On Regulation Of Broadcasts Via Internet And Combating Crimes Committed By The Means Of Such Publications.”

According to Article 1 of the Law: The purpose and scope of this Law is; to regulate the obligations and responsibilities of content providers, hosting providers, access providers and mass use providers, and the principles and procedures of prevention of crimes committed on the internet through content, hosting and access providers.

Hosting providers

Access providers

Social network provider

Hosting providers companies,

BTK Hosting Providers List

“Internet Service Providers” Access Providers Association Members

“Social media websites.“

Facebook, Twitter etc

For the application of this Law

Ministry means Ministry of Transport and Infrastructure (Turkey)

President means President of Information Technology and Communication Authority

Authority means Information and Communication Technologies Authority

Definition and Responsibilities of Internet Broadcasters

Content Providers

According to the law Content Provider means real persons or legal entities that create, amend or provide all kinds of information or data presented to users on the Internet. In practice, individuals who share content such as messages, posts, and photos on a social networking site can be given as examples of content providers.

The responsibilities of the content provider are regulated by Article 4 of the Law. According to this article;

(1) Content provider is responsible for all content that has made available on the internet.

(2) Content provider is not responsible for the link to the content that belongs to someone else. However, if it is clear from the format of the presentation that the content in question it links to is embraced and intended to be reachable, the content provider is responsible according to the general provisions.

Hosting Providers

According to the law Hosting Provider means real or legal entities that provide or operate systems that host services and content. In practice, individuals and legal entities that provide hosting for a forum site can be given as examples of hosting providers.

Article 5 of the law regulates the liabilities of hosting providers:

(1) Hosting provider is not obligated to check the content it provides or to investigate whether it is an illegal activity.

(2) (Diff: 6/2/2014-6518/88 art.) Hosting provider is obliged to remove the content that is against the law if it is notified according to Articles 8 and 9 of this Law.

(3)(Diff: 6/2/2014-6518/88 art.) The hosting provider must retain traffic information related to the services it offers for a duration ranging from one to two years, as specified by regulations. During this period, the provider is obligated to maintain the accuracy, integrity, and privacy of this information.

(4) (Diff: 6/2/2014-6518/88 art.) Hosting providers can be classified according to the nature of the work they perform within the framework of the procedures and principles to be determined by regulation and can be differentiated according to their rights and obligations.

(5) (Repealed with the Decision of the Constitutional Court dated 8/12/2015 and numbered E.: 2014/87, K.: 2015/112)

(6) (Diff: 6/2/2014-6518/88 art.) The Minister shall be entitled to administrative punishment from one hundred thousand to one million Turkish Liras on the hosting provider who is not included in the declaration of the provision of place or fails to fulfil his/her obligations in this Law.

Access Provider

According to the law Access Provider means real persons or legal entities that provide access to the Internet for its users. Companies that provide internet services such as Turkcell Superonline and Türk Telekom can be given as examples of access providers.

Article 6 of the law regulates the liabilities of hosting providers:

(1) Access provider,

a) Is obliged to block access to illegal content published by any of its users if informed in accordance with the provisions of this Law,
b) Is obligated to keep traffic information specified in the regulation for the provided services for a period of not less than six months and not more than two years, and to ensure the accuracy, integrity, and privacy of such information,
c) Is obliged to inform the Authority, content providers and customers at least three months before the termination and submit the records of traffic information to the Authority in accordance with the principles and procedures provided in the regulation,

ç)(Add: 6/2/2014-6518/89 art.) Is obliged to take preventive measures against alternative access methods with respect to publications for which access blocking decision is taken,

(2) Access provider is not obliged to check whether the content of the information accessed through herself/himself is unlawful and requires liability.

(3) The Minister shall give administrative fine from ten thousand Turkish Liras up to fifty thousand Turkish Liras to the access provider who fails to fulfill one of the obligations stated in articles (b), (c), (ç) (…) of the first paragraph.

Social network provider

According to the law Social network provider means Those natural or legal persons that provide opportunities for users to create, view or share textual, visual, audio, or location data, etc. for the purpose of social interaction. Therefore, organizations such as Facebook, Twitter, and Instagram can be given as examples of social network providers.

According to Additional Article 4/9 of the law, the obligations of a social network provider do not eliminate the responsibilities and obligations arising from being a content or location provider. Therefore, a social network provider also has the obligations of a location provider.

The obligations of a social network provider are regulated as follows under Additional Article 4 of the law.

Obligation to Appoint a Representative for Social Network Providers

The foreign social network providers with more than one million daily accesses from Turkey are required to designate at least one person, whose contact information shall be featured on its website in a manner that is distinctly visible and accessible, as a representative in Turkey to follow required procedures with regard to notices, memoranda or requests by the Authority, the Association, and any legal or administrative authority, to answer to any applications made under this Law, and to ensure that any other obligations within the scope of this law are fulfilled. The social network provider is responsible for sharing the identification and contact information of this individual with the Authority.(13/10/2022-7418/34) In case the representative is a real person, this person must be a resident of Turkey and a Turkish citizen.(13/10/2022-7418/34 md.

In the event that the daily access from Turkey is more than ten million; the real or legal person representative determined by the foreign social network provider shall be fully authorized and responsible in technical, administrative, legal and financial aspects, without prejudice to the responsibilities of the social network provider, and if this representative is a legal person, it must be a branch established directly by the social network provider as a capital company.

- The Authority will send a notice to those who fail to comply with the obligation to appoint a representative and duly notify the Authority.
- If they fail to fulfill this obligation within 30 days of relevant notification, the President is entitled to issue to the social network provider an administrative fine of ten million Turkish liras. If the above-mentioned obligation is not met within 30 days of the implementation of the fine, the social network provider is to be given an additional administrative fine of thirty million Turkish liras.
- If this obligation is not met within thirty days of the issuance of the second fine, the tax residents in Turkey who are both natural and legal persons, are banned from placing additional advertisements in, and establishing new contracts or making financial transactions with the social network provider in question in this context. If the above-mentioned obligation is not met within three months of the implementation of the ban, the President may apply to a criminal court of peace to request that the social network provider’s internet traffic bandwidth be reduced by fifty per cent.

If the application is deemed valid and the obligation in question is not fulfilled within 30 days of the implementation of the judge’s decision, the President shall apply to a criminal court of peace to request that the social network provider’s internet traffic bandwidth be reduced by ninety per cent. Taking into account the nature of the service provided, the judge may decide to set a lower percentage, as long as it is no lower than fifty per cent.

The President would be entitled to appeal to these decisions under the provisions of Law no. 5271. The judge’s decision shall be sent to the Authority to be notified to the access provider. The access provider must implement the decision immediately and within four hours of notification. In the event that the obligation to appoint and declare a representative is fulfilled, only a fourth of all the administrative fines issued to the social network provider shall be collected, the advertisement ban shall be lifted, and the decisions shall be rendered null and void. The Authority shall then notify access providers to end the interference into internet traffic bandwidth.

Facebook Turkey Representative

Representatives of Foreign-Based Social Network Providers

Obligation of Social Network Provider to Respond

According to Additional Article 4/3 of the law those foreign or local social network providers with over one million daily access from Turkey are obligated to respond to applications made by persons with regard to content under articles 9 and 9/A of this Law within forty-eight hours. Negative responses must also include a justification.

According to Article 6 of the Law published in the Official Gazette numbered 31202 on 31.07.2020, social network providers failing to fulfill this obligation are subject to an administrative fine of five million Turkish liras.

Obligation of Social Network Provider to Report

According to Additional Article 4/4 of the law Those foreign or local social network providers with over one million daily visits from Turkey shall submit biannual reports, written in Turkish, featuring statistical and categorical information regarding the implementation of decisions to remove and/or block content, as well as applications that fall under the scope of paragraph three. The reports on applications within the scope of paragraph three shall also be published on the social network provider’s own website, with all personal data removed.

The reports submitted by social network providers to the Authority shall also include information on their algorithms, advertising policies and transparency policies regarding title tags, featured or reduced access content.

Social network provider shall take the necessary measures in cooperation with the Authority in its own system, mechanism and algorithm regarding the non-publication of content and title tags related to the crimes within the scope of this Law and shall include these measures in its report.

Social network provider is obliged to treat its users equally and impartially and the measures taken for this issue shall also be included in the report to be submitted to the Authority.

The social network provider, in collaboration with the Authority, takes necessary measures within its own system, mechanism, and algorithm to prevent the publication of content related to offenses within the scope of the Law and title tags. The provider includes these measures in its report.”

Social network provider shall include on its website in a clear, understandable and easily accessible manner which parameters it uses when providing suggestions to users.

Social network provider shall take the necessary measures to update users’ preferences regarding the content it recommends and to offer the option to limit the use of their personal data, and shall include these measures in its report.

Social network provider shall create an advertisement library containing information such as content, advertiser, advertisement duration, target audience, number of people or groups reached, and publish it on its website and include this in its report.

A social network provider failing to fulfill the reporting obligation is subject to an administrative fine of ten million Turkish liras.

Twitter Transparency Report

Facebook Transparency Report

Obligation to Host the Data of Social Network Providers in Turkey

According to the 6th paragraph of Additional Article 4 of the law those foreign or local social network providers with over one million daily accesses from Turkey are required to take all necessary measures to store data belonging to users in Turkey inside Turkey.

For this obligation, no sanction is stipulated in the law.

Obligation of Social Network Provider for Compensation of Damages and Penalties

According to the 14th paragraph of Additional Article 4 of the law In the event that the content whose illegality is determined by a judge or court decision is notified to the social network provider, the social network provider who does not remove the content or block access within twenty-four hours despite the notification is liable for compensation for the damages incurred. In order for this legal liability to be exercised, it is not required that the content provider be held responsible or that the content provider be sued.

In the case of violations requiring the aforementioned administrative fine, penalties are applied with a one-fold increase for each repetition within one year.

Responsibility of Social Network Provider Towards Judicial Authorities and Children

According to Additional Article 4/5 of Law No. 5651, The information necessary to reach the perpetrators who create or disseminate internet content subject to the following crimes under the Turkish Criminal Law:

a) Sexual abuse of children (Article 103),
b) Publicly disseminating misleading information (Article 217/A),
c) Disrupting the unity and territorial integrity of the State (Article 302),

ç) Crimes against the Constitutional Order and the Functioning of this Order (Articles 309, 311, 312, 313, 314, 315, 316),

d) Crimes against State Secrets and Espionage (Articles 328, 329, 330, 331, 333, 334, 335, 336, 337),

shall be provided to the judicial authorities by the representative of the relevant social network provider in Turkey upon request by the public prosecutor during the investigation phase and by the court where the trial is conducted during the prosecution phase.

In the event that this information is not provided to the requesting public prosecutor’s office or court, the relevant public prosecutor may apply to the Ankara Criminal Judge of Peace with a request to reduce the internet traffic bandwidth of the foreign social network provider by ninety percent.

In case of a decision to reduce the bandwidth of internet traffic, this decision shall be sent to the Authority to be notified to access providers. The requirements of the decision shall be fulfilled by the access providers immediately and within four hours at the latest following the notification. If the social network provider fulfills its obligations under this paragraph, the sanctions shall be lifted and notified to the Authority.

According to Additional Article 4 paragraph 7; The social network provider shall take the necessary measures to provide differentiated services specific to children.

Other Obligations of Social Network Providers

According to Additional Article 4/14 of the law In the event that the content whose illegality is determined by a judge or court decision is notified to the social network provider, the social network provider who does not remove the content or block access within twenty-four hours despite the notification is liable for compensation for the damages incurred.

In the event that a social network provider learns of content that endangers the safety of life and property of persons and in case of inconvenience in delay, it shall share this content and information on the creator of the content with the authorized law enforcement units. ( Article 4/16)

In order for this legal liability to be exercised, it is not required that the content provider be held responsible or that the content provider be sued.

The social network provider is obliged to establish an effective referral mechanism in collaboration with the Authority for the removal of title tags and featured content through a warning method.

The Authority may request all kinds of explanations from the social network provider regarding the social network provider’s compliance with this Law, including organizational structure, information systems, algorithms, data processing mechanisms and commercial attitudes. The social network provider is obliged to provide the information and documents requested by the Authority within three months at the latest. The Authority may inspect the social network provider’s compliance with this Law on site at all facilities of the social network provider.

The social network provider is directly responsible for the content through which a crime is committed by providing a platform for someone else’s publication using title tags or featured content if the illegal content has been reported to them, and yet the content is not removed immediately and at the latest within four hours from the notification of the content.

The Authority may request all kinds of explanations from the social network provider regarding the social network provider’s compliance with this Law, including organizational structure, information systems, algorithms, data processing mechanisms and commercial attitudes. (Additional Article 4/18)

The social network provider is obliged to provide the information and documents requested by the Authority within three months at the latest. The Authority may inspect the social network provider’s compliance with this Law on site at all facilities of the social network provider. (Additional Article 4/18)

The social network provider is obliged to create a crisis plan for extraordinary situations affecting public security and public health and notify the Authority accordingly.

The President may impose an administrative fine of up to three percent of its global turnover in the previous calendar year on a social network provider that fails to fulfill its obligations under the sixth, seventh, thirteenth, sixteenth, eighteenth and nineteenth paragraphs of this Article. (Additional Article 4/20)

The procedures and principles regarding the implementation of this Article shall be regulated by the Authority.(Additional Article 4/21)

In the event that the administrative fines imposed by the President under this Law are not paid within the legal period more than once within one year, the President may decide to prohibit the real and legal persons who are taxpayers resident in Turkey from placing new advertisements for up to six months to the relevant foreign social network provider, and no new contract may be established and no money transfer may be made in this context. The advertisement ban decision shall be published in the Official Gazette. In the event that the foreign social network provider pays the administrative fines in full and notifies the Authority, the advertisement ban decision shall be lifted. (Additional Article 4/11)

The President may decide to impose an administrative fine from ten thousand Turkish Liras to one hundred thousand Turkish Liras on real and legal persons resident in Turkey and taxpayers who violate the advertisement ban imposed pursuant to this Article. (Additional Article 4/12)

The Access Providers Association

Access Providers Association has been established to ensure the implementation of decisions of removal of content and/or blocking access outside the scope of Articles 8 and 8/A of this Law. (Article 6/A-1)

The Association is a private legal entity. The center of the Association is Ankara. (Article 6/A-2)

The Association is an organization that is formed and coordinated with the participation of all internet service providers authorized under the Electronic Communication Law dated 5/11/2008 and numbered 5809 and other operators providing internet access services. (Article 6/A-5)

Access blocking decisions shall be carried out by the access providers. All hardware and software required for the implementation of the decisions shall be provided by access providers themselves.(Article 6/A-6)

By operation of the access blocking decisions shall be sent to the Association. The notification made to the Association in this regard shall be deemed to be made to access providers. Access providers are obliged to establish the necessary technical infrastructure for the notification of decisions. (Article 6/A-7)

The Association may object to decisions submitted to it which it considers contrary to the legislation.(Article 6/A-8)

Internet service providers that are not members of the Association cannot operate.(Article 6/A-10)

Blocking Access to Internet Broadcasts and Removal of Content

According to the law o) Blocking Access means blocking access from the domain, blocking access from the IP address, blocking access to the URL, and blocking access by using similar methods. (Article 2/o)

“Content removal means” removing content from servers or hosted contents by content or hosting providers,(Article 2/ö)

The Association may notify the decisions to remove content and/or block access to the electronic mail addresses of the relevant content or hosting providers, which can be identified from their respective websites. (Article 6/A-11)

Blocking Access and Removal of Content Due to Catalog Crimes

According to the Article 8 of the Law It shall be decided to remove the content and/or to block access to publications that are made on the internet medium and that has adequate reason for suspicion that the content constitutes the following crimes:

a) The crimes under the Turkish Criminal Code dated 26/9/2004 and numbered 5237;

1) Encouragement of suicide (Article 84),

2) Sexual abuse of children (Article 103, first paragraph),

3) Facilitate the use of drugs or stimulants (Article 190),

4) Hazardous substance for health (Article 194),

5) Obscenity (Article 226),

6) Prostitution (Article 227),

7) Providing space and facilities for gambling (Article 228).

b) Crimes in the Law Concerning Crimes Committed Against Atatürk dated 25/7/1951 and numbered 5816.
c) the crimes regulated under the Law on Regulation of Betting and Games of Chance in Football and Other Sports Competitions dated 29/4/1959 and numbered 7258.

ç) the crimes regulated under first and second paragraphs of Article 27 of the Law on State Intelligence Services and National Intelligence Organization dated 1/11/1983 and numbered 2937.

Making the Decision

The decision to block access is given ;

by the judge in the case of the investigation
by the court in the case of prosecution.
In case of any delay in the investigation, the public prosecutor may also decide to remove the content and/or to block access.In this case, the public prosecutor’s decision shall be submitted to the judge’s approval within twenty-four hours, and the judge shall make his decision within twenty-four hours at the latest. If the decision is not approved within this period, the measure shall be removed immediately by the public prosecutor.

A copy of the decision to remove the content and/or to block access given by the judge, the court or the public prosecutor shall be sent to the Authority for further action. (Article 8/3)

In cases where the content or location provider of publications constituting the crimes specified in the first paragraph is located abroad, or even if the content or location provider is domestic, a decision on the removal and/or blocking of content related to publications constituting the crimes specified in subparagraphs (2) and (5) and (6) and (7) of subparagraph (a) and subparagraph (c) of the first paragraph shall be rendered ex officio by the President of the Information Technologies and Communication Authority (‘President’). This decision is communicated to the relevant content and location providers, as well as the access provider, requesting necessary actions to be taken. https://www.ihbarweb.org.tr/

The decision to remove the content and/or to block access shall be executed immediately and no later than four hours as of the notifications of the decision. (Article 8/5)

Failure to Implement the Decision Sanction

Responsible person of content, hosting or access providers who fail to carry out the requirements of the decision to remove content and/or block access which is rendered as precautionary measure, shall be punished with judicial fine from five hundred days up to three thousand days unless the offense does not constitute another crime which requires heavier punishment. (Article 8/10)

In the event that the decision to remove content and/or block access which is given as an administrative measure is not fulfilled, the President shall give administrative fines to content, hosting and access provider from a hundred thousand Turkish Liras up to a hundred thousand Turkish Liras. If the decision is not fulfilled by the access provider within twenty-four hours after the administrative penalty is given, the Authority may decide to revoke the authorization. (Article 8/11)

Removal of content and/or blocking access in non-delayable cases

According to Article 8/A of the law, In cases related to one or more of the following the decision of blocking access and/or removing content on broadcasting on the internet may be given.

The protection of the right to life and individuals’ right to life and property,
Protection of national security and public order,
Prevention of crimes being committed, or the protection of general health

Making the Decision

According to Article 8/A of the law, the relevant decision is issued by the following authorities:

- The judge

In cases where delay would be detrimental, within twenty-four hours, it is submitted for the approval of the judge for the Presidency of the republic.

Upon the request of the relevant ministries concerning matters related to the preservation of national security and public order, prevention of crime, or protection of public health, it is submitted for approval by the criminal judgeship of peace within twenty-four hours by the President of Information Technology and Communication Authority.

The decision shall be communicated by the President to the access provider and to the relevant content and location providers immediately. The decision to remove the content and / or block access is implemented within four hours of the date of immediate and latest notification of the decision.

Failure to Implement the Decision Sanction

A criminal complaint shall be filed against those who make and disseminate internet content that constitutes a crime in the scope of this article by the President to the Chief Public Prosecutor’s Office. The information necessary to reach the factions of these offenses is given to judicial authority by the content, location, and access providers upon the judge’s decision. The responsible person of content, hosting and access who does not provide such information, shall be punished by a judicial fine from three thousand days up to ten thousand days unless the offense does not constitute another crime which requires heavier punishment. (Article 8A/4)

Administrative penalties from fifty thousand Turkish Liras up to five hundred thousand Turkish Liras shall be given by the President to the content providers and hosting providers about access providers that fail to comply with the decision to remove the content and / or prevent access in accordance with this article. (Article 8A/5)

Removal of Content and/or Blocking Access Due to Violation of Personality Rights

According to the Article 9 The real and legal persons, institutions and organizations claiming that the personality rights are violated due to the content published on the internet;

May ask to the content provider, or to the hosting provider if they cannot reach the content provider, to remove the contents from the broadcasting by using warning method. Requests of persons claiming violations of personality rights due to content published on the Internet are responded by the content and / or hosting provider within twenty-four hours at the latest. (Article 9/2)
They may also request the removal of content and/or blocking of access by directly applying to the judge. The judge can decide on the removal and/or blocking of access to the content within the scope specified in this article based on the requests. (Article 9/3)

The judge shall make his or her decision to deny access under this article mainly by means of denying access to the content in the form of a publication, section, part (URL, etc.) in which the infringement of the right of personality takes place. Unless it is compulsory, it cannot be decided to prevent access to the entire publication on the website. However, if the judge believes that the infringement cannot be prevented by means of blocking the access by specifying the URL address, he may also decide to prevent access to the publication at the entire website, provided that the reason is stated. (Article 9/4)

Decisions by the judge to remove the content and/or to block access under the scope of this article are sent directly to the Association. (Article 9/5) The decision to remove the content and/or to block access issued to the relevant content, hosting, and access provider by the Access Providers Association shall be implemented immediately and within four hours of notification by the relevant content, hosting, and access provider. (Article 9/8)

In the event that the publication regarding the violation of the personal right subject to the decision of removal of the content and/or blocking access given by the judge within the scope of this article is published on other internet addresses, the present decision is also applied to these addresses if the person concerned applies to the Association. (Article 9/9)

The objection against the acceptance of the application by the Association shall be made to the judge who issued the decision. The provision of this paragraph shall not apply to decisions to block access to the entire publication on the website. (Article 9/9)

In the law, there is also a provision similar to the right to be forgotten. Upon the request of an individual whose personal rights were infringed upon by the content of an online broadcast, a judge may rule that the applicant’s name not be associated with the website in question. The ruling shall indicate which search engines the Access Providers Association will notify. (Article 9/10)

The responsible person of content, hosting and access who does not fulfil the decision of the judge of the court of peace in accordance with the conditions stated in this article and duration of his case, shall be punished with judicial fine from five hundred days up to three thousand days. (Article 9/11)

Blocking access to content due to the privacy of private life

According to the Article 9/A Persons who claim that their privacy is violated due to the content of a broadcast on the Internet may apply directly to the Information and Communication Technologies Authority and request the implementation of the measure to block access to the content.

This request shall contain the full address (URL) of the publication that caused the violation, an explanation of from which aspects the right was violated, and information to prove identity information. If the information is missing, the request shall not be processed. (Article 9A/2)

The President shall immediately notify the Association of such request for implementation; access providers shall immediately fulfill this request within four hours at the latest. (Article 9A/3)

Blocking access is implemented by blocking access to the content (in the form of URL) about the broadcast, section, part, picture, video that violates the privacy of private life.(Article 9A/4)

In non-delayable cases subject to the violation of the privacy of the private life, the Authority shall block access directly upon the order of the President. (Article 9A/8)

Article	Making The Decision	Implementation of the Decision	The Decision Reaching the Association of Access Providers
8-Catalog Crimes	-by the judge in the case of the investigation -by the court in the case of prosecution. -In case of any delay in the investigation, the public prosecutor In cases where the content or location provider of publications constituting the crimes specified in the first paragraph is located abroad, or even if the content or location provider is domestic, a decision on the removal and/or blocking of content related to publications constituting the crimes specified in subparagraphs (2) and (5) and (6) and (7) of subparagraph (a) and subparagraph (c) of the first paragraph shall be rendered ex officio by the President of the Information Technologies and Communication Authority (‘President’).	within four hours of the date of immediate and latest notification of the decision.	No
8- Non-delayable cases (Right to life and the protection of individuals’ life and property safety, preservation of national security and public order, prevention of crime, or protection of public health)	-The judge -In cases where delay would be detrimental, within twenty-four hours, it is submitted for the approval of the peace criminal judge for the Presidency of the republic. -Upon the request of the relevant ministries concerning matters related to the preservation of national security and public order, prevention of crime, or protection of public health, it is submitted for approval by the criminal judgeship of peace within twenty-four hours by the President of Information Technology and Communication Authority.	within four hours of the date of immediate and latest notification of the decision.	No
9-Violation of Personality Rights	The Judge (Prior to this, application can be made to the content and hosting provider.)	within four hours of the date of immediate and latest notification of the decision.	Yes
9-A-Violation of private life	Submission for approval by the judge within twenty-four hours, BTK (Information Technologies and Communication Authority	within four hours of the date of immediate and latest notification of the decision.	Yes

Publicly Disseminating Misleading Information to the Public

With the new article added to the Turkish Penal Code on October 13, 2022, the offense of “Publicly Dissemination of Misleading Information to the Public” has been regulated.

Article 217/A: (1) A person who, with the intent of creating fear, anxiety, or panic among the public, openly disseminates false information regarding the internal and external security, public order, and general health of the country, in a manner suitable to disturb public peace, shall be punished with imprisonment up to one to three years.

(2) If the perpetrator commits the offense by concealing their true identity or within the framework of an organization’s activities, the penalty given according to the first paragraph is increased by half.

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