EVALUATİON OF THE LAW NO. 7253 ON AMENDMENT OF THE LAW ON THE REGULATİON OF BROADCASTS MADE ON INTERNET AND COMBATİNG CRİMES COMMİTTED THROUGH THESE BROADCASTS İN THE CONTEXT OF FREEDOM OF EXPRESSİON AND PERSONAL RİGHTS

Abstract

The internet environment, which transforms/changes our definitions of the concept of communication and our social life, and the new media order it brings, requires new and different legal regulations. The validity of social morality and legal rules that regulate the rules of living together in societies living in the unity of space and time, in an environment where space and time become meaningless, and people become anonymous with virtual identities apart from their real identities is debatable. The new media needs its own ethical and legal regulations that are compatible with the constantly changing conditions with the developments in technology. In this respect, it is essential that both states and international organizations can balance freedoms, especially personal rights and freedom of expression, on the one hand. On the other hand, it is essential to bring applicable rules in this area, which has a complex structure to control, independent of international borders. Freedom of expression has gained a strong, fast, and practical usage area with the development of new media technologies and the spread of social media platforms that allow user-derived content and interaction. However, social media platforms operating as global commercial enterprises may encounter significant problems in the process of balancing between the violation of personal rights and freedom of expression. Economic, political, and legal conflicts of interest between states, social media platforms, and users carry the regulations mentioned above to a sensitive dimension. This study is based on the freedom of expression and personal rights of Law No. 7253, which was adopted on 29.07.2020 and published in the Official Gazette on 31.07.2020. aims to be examined in context. These two rights, which are often contradictory and which are supposed to be handled within the framework of the concept of superior value, have found a new and largely uncontrolled area with social media platforms. On the other hand, with the heavy sanctions envisaged by Law No. 7253 includes the threat of turning social media platforms into a kind of censorship mechanism by encouraging them to remove content.