Vagus.tv Restricted By “Yet-to-be-Implemented” Law

Vagus.tv, an online news portal, has been restricted since last Sunday. Vagus.tv Editor-in-Chief Serdar Akinan told bianet that the access to their website has been restricted for five days unlawfully with no court order. 

“Prosecutors and judges have not been informed” 

“Vagus.tv has been restricted due to a media ban imposed on the second row of corruption probe operation. Our lawyers have applied to the case prosecutor in order to confirm the restriction by a court. However, the prosecutor said neither him nor the case judge had made no orders to restrict the website.

“In order to apply for a restriction uplifting, we need to know the case number,” he added. 

Akınan also added that their lawyers were not allowed to enter the building of Telecommunication Communications Authorities (TIB) to learn about the case and case number. 

“They attempt to legitimize the unlawfulness” 

“We will file complaints against those who abused their duties” Akinan continued. 

He pointed out to the omnibus bill on the regulation of internet. 

“The omnibus bill which is currently being discussed in the parliament will exactly do this. An entity assigned by TİB will be able to restrict website within 4 hours after the complaint. I am confronting an unlawful situation here. But I know they will find a way to legitimize the unlawfulness.”

How does the legal process continue? 

Serhat Koç, a telecommunications lawyer, told bianet the likelihood of the next steps in the process: 

“According to the new regulation, TIB will be able to impose restrictions sua sponte. Only under these conditions:

“The catalog crimes identified within the law; encouraging suicide, sexual abuse of children, facilitation of recreational drugs, providing of hazardous materials, obscenity, providing of space for gambling and prostitution and crimes against Atatürk. TIB can impose restrictions even if the server is located outside Turkey.

“There is no time restriction for TIB’s rulings. In order to appeal the ruling, you need to apply to TIB directly. You can receive a reply within 90 days and you can apply to a local court in case the application is rejected.

“The prosecutor has the competence to restrict access sua sponte for 24 hours. However, the court has to issue a ruling in 24 hours. If the court doesn’t issue any ruling, the prosecutor has to be lift the restriction order. Of course, both cases are unconstitutional.”

* You can access Vagus.tv through this address by changing your DNS. (EA/BM)