A Procrustean Bed for Freedom of Expression Online? A Critical Review of the Internet Law in Türkiye

This article aims to critically and holistically examine Internet Law (Law no. 5651 on the Regulation of Publications on the Internet and Combatting Crimes Committed by Means of Such Publication) in Türkiye, characterising it as a “Procrustean bed” for freedom of expression online. By analysing the legal framework against constitutional safeguards and international standards – specifically Article 10 of the European Convention on Human Rights and the relevant case law of the European Court of Human Rights – the author argues that whether the law arbitrarily truncates diverse online discourse to fit a rigid, politically influenced mold. The analysis explores the historical evolution, purpose, and scope of the law, its institutional framework, and the expanding obligations of first-generation actors (content, hosting, access, and mass use providers) and social network providers. Central to the critique is the fact that access blocking and content removal regime envisaged by the law is often based on decisions taken by administrative authorities – particularly the President of the Information and Communication Technologies Authority – rather than the judiciary in practice. The author highlights systemic issues related to the catalogue crimes under Article 8, the non-delayable cases of Article 8/A, the annulled Article 9 regarding personal rights, and Article 9/A regarding blocking access to content due to privacy in the light of the Constitutional Court decisions. Despite landmark rulings from the Constitutional Court identifying structural violations of the “prima facie” doctrine and the principle of proportionality, the article concludes that legislative amendments and administrative practices continue to prioritise political suppression over constitutional safeguards, creating a chilling effect on digital expression in Türkiye.