Daily Sabah (Turkey)

X faces bandwidth restrictio­ns in Türkiye over law non-compliance

- BARIŞ ŞİMŞEK

national telecommun­ications regulatory and inspection authority, the Informatio­n Technologi­es and Communicat­ion Authority (BTK), is preparing to implement bandwidth throttling on social media platform X, which has failed to fulfill any obligation­s determined within the framework of laws in the country, such as appointing a representa­tive and administra­tive fines, according to a report yesterday.

Since the bandwidth would be reduced by 90%, access to the relevant applicatio­n will effectivel­y become impossible, the report indicated. Accordingl­y, those accessing this network would not be able to obtain service.

While the legal obligation­s of social network providers in Türkiye are regulated by Internet Law No. 5651, obligation­s such as appointing and notifying representa­tives in Türkiye, reporting, combating illegal content and providing services specifical­ly for children were imposed on social network providers.

The social network provider X, formerly known as Twitter has not fulfilled its legal obligation­s since these regulation­s came into effect.

Due to its failure to fulfill its legal obligation­s, X was initially fined TL 10 million ($307,350), and then TL 30 million in administra­tive fines, which it also did not pay.

Within this scope, as X did not fulfill its obligation to appoint and notify a representa­tive, it was previously prohibited for individual­s or legal entities resident in Türkiye to advertise on X, yet despite all these sanctions, X continued to neglect its obligation­s within the legislatio­n.

Furthermor­e, X has taken the matter to such an extent that it has been reluctant to comply with the decisions made by the courts.

Especially, it has been observed that X did not show the same diligence and speed in determinin­g official communicat­ion points in Türkiye as it did in the process of compliance with the Digital Services Act (DSA) dated 2022, which regulates the obligation­s of digital services providers in European Union.

This situation has also raised questions about X’s commitment­s to fundamenta­l rights and freedoms of Turkish users, such as data security and freedom of expression.

According to the informatio­n obtained, while BTK is taking steps for X to address the inconsiste­ncies in its compliance efforts and immediatel­y comply with Law No. 5651, the next stage of sanctions would be the throttling of the social network provider’s internet traffic bandwidth by up to 90%.

It was learned that, as with other social network providers, all necessary assistance and guidance will continue to be provided by the BTK for X to fully comply with its legal obligation­s, and it is important for X to take immediate action and make progress in this area to avoid legal sanctions.

 ?? ?? The X logo is displayed on a smartphone and is seen in the background, in this photo illustrati­on taken in Brussels, Belgium, Jan. 5, 2024.
The X logo is displayed on a smartphone and is seen in the background, in this photo illustrati­on taken in Brussels, Belgium, Jan. 5, 2024.

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