Violation of Constitutional Freedoms by Preventing Access to Content and Websites.

The article discusses the violation of constitutional freedoms in Turkey through the prevention of access to content and websites. It argues that these provisions restrict freedom of expression and the freedom to work and establish private enterprises, as guaranteed by the Constitution. However, it also acknowledges that there are legitimate aims for these restrictions, such as protecting consumers and maintaining the orderly functioning of markets. The Turkish Constitutional Court has declared certain provisions of the Law on Consumer Protection invalid, as they were found to contravene articles of the Turkish Constitution that protect fundamental rights, freedom of expression, and the freedom to work and establish private enterprises. The Court found that these provisions did not uphold the principle of necessity and did not provide alternative, less restrictive measures. The decision will come into effect nine months after its publication in the Official Gazette. The given text discusses a case before the Turkish Constitutional Court regarding the annulment of certain sentences in the Law on the Protection of Consumers. The sentences in question pertain to penalties for breaching advertising regulations and the authority of the Advertising Board. The Constitutional Court decided to annul some of the sentences and gave Parliament nine months to make a new regulation. The decision is in line with previous judicial practice and emphasizes the importance of proportionality and alternative measures in blocking access to content and websites. The legislature now has the opportunity to revise content removal/blocking provisions or introduce a notification system. [Extracted from the article]