ARTICLE 19 & İFÖD

‘TikTok’s decision enables expansion of censorship regime in Turkey’

Freedom of expression organizations ARTICLE 19 and İFÖD have criticized TikTok’s decision to appoint a local representative in Turkey in compliance with the new social media law: “This decision seriously threatens free speech on its platform.”

İstanbul

‘TikTok’s decision enables expansion of censorship regime in Turkey’

* Photo: Pixabay

ARTICLE 19 and Freedom of Expression Association (İFÖD) have released a statement regarding the TikTok's decision to open a local representative in Turkey in compliance with its new social media law.

As reported by the state-run Anadolu Agency (AA), China-based video-sharing app TikTok, on January 8, agreed to appoint a formal representative in Turkey, according to a statement by Turkey's Deputy Transport and Infrastructure Minister Ömer Fatih Sayan.

A day later, Sayan wrote on Twitter, "One of the foreign-sourced social network providers Dailymotion with more than 1 million daily access from Turkey has appointed a representative in Turkey."

"We expect the same step as soon as possible from social networks that have not yet appointed representatives," Sayan added.

Releasing a statement within the context of TikTok's decision, the freedom of expression organizations have warned that "TikTok's compliance with social media law enables expansion of censorship regime."

'It will result in reduction in online freedoms'

"Tik Tok's decision to comply with Turkey's new repressive laws on social media seriously threatens free speech on its platform and enables the Turkish government to expand its censorship regime," ARTICLE 19 and İFÖD said in their joint statement on January 8.

"The decision follows a similar decision by YouTube in December, in spite of calls by civil society not to appoint a local representative," they reminded the international community and briefly added:

"Tik Tok's announcement of the decision came with a commitment to maintain free expression on its platform. However, the climate for freedom of expression in Turkey is marked by government censorship and imprisonment of dissenting voices. The amendment to the Internet Law affecting social media companies is part of efforts to expand further government censorship to online speech, and will inevitably result in a major reduction in online freedoms for Turkish people."

'They risk becoming implicated in rights violations'

ARTICLE 19's Head of Europe and Central Asia Sarah Clarke said:

"TikTok may claim it will maintain users' ability to freely express themselves on its platform in Turkey, but the reality is that this new law makes that impossible. The Turkish government already issues more takedown requests to social media platforms than almost any other country, and under the new law this is likely not only to increase, but social media companies who comply with the law will face far greater pressure to allow these requests.

"People in Turkey have the right to be able to exercise their rights to free expression online and to freely access social media.

"By appointing a local representative, companies like TikTok seriously risk becoming implicated in rights violations. Until Turkey reforms its law in line with human rights standards, companies who comply with the new law are at risk of their platforms becoming a tool of repression against Turkish people."

'It will have serious repercussions'

İFÖD's Co-Founder Yaman Akdeniz also said:

"TikTok is completely misguided about the situation in Turkey and its compliance with the Turkish law will have serious repercussions for freedom of expression in Turkey. In the absence of due process and an independent judiciary, TikTok and other social media platform providers with a local presence will be complicit in rights violations in Turkey."

About the social media law

According to a new social media law that came into effect in Turkey as of October 1, 2020, social media platforms and companies such as Twitter, Facebook, Instagram, YouTube, Periscope, Linkedin, Dailymotion and TikTok have to appoint a legal representative in Turkey.

After the first 30-day period to appoint their representatives, authorities fined social media platforms 10 million Turkish liras (~1.2 million dollars) in November After the second 30-day term, the penalty rose to 30 million Turkish liras.

If companies still do not comply with the requirement by 90 days, Turkish advertisers will be banned from their sites.

Three months after the advertising ban, authorities will be able to reduce the internet bandwidth of these platforms by 50 percent first and then 90 percent after another month of non-compliance.

If the social media giants appoint local representatives, 75 percent of the fine will be waived and their bandwidth restored.

As part of the law, social media firms are obliged to answer requests from Turkey in Turkish. They must respond to requests on personal and privacy rights within 48 hours. The representative to be appointed by the companies should be a citizen of Turkey or a legal entity based in Turkey.

The platforms are also required to publish semi-annual reports for showing request statistics on personal and privacy rights.

Social networks that do not remove illegal content within 24 hours despite a court verdict will be held responsible. In addition, social media companies should take necessary measures to host Turkey-based users' data in Turkey.

(SD)