Restrictions of internet access in Turkey: legislation, methods and practice

Abstract

The opportunities presented by the internet expand certain rights while also leading to the violation of others. States are obligated to establish cybersecurity for their citizens and protect personal rights against various infringements. However, this rationale can sometimes be used to obscure digital authoritarianism. Therefore, the age-old dilemma of balancing freedom and security is at the heart of internet law. It is inevitable that methods such as internet access restrictions, which every state resorts to, must be evaluated comprehensively in their legal, technical, and practical dimensions to enable more accurate analysis of national practices. This study analyzes the justifications for internet restrictions in Turkey compared with their implementation. Contrary to what is envisaged by legal regulations, it has been found that precautionary measures are mostly issued by administrative authorities. There is inconsistency between lower and upper judicial authorities, and judicial decisions are rendered ineffective by the legislative branch. The methods of restriction are applied ambiguously. Some regulations deviate from the legislative intent, while others are rendered ineffective by the administration. To solve structural problems, action is needed from the legislative body, and addressing implementation issues requires a more fundamental paradigm shift.