The blocking internet access within the scope of Law No: 5651 and the Access Provider Union

In the current study, it was aimed to investigate the tools of Blocking of the Internet Access and Excluding the Content out of Broadcasting for the purpose of challenging against the violating the rights realized on the Internet within the scope of the law no 5651 Regulating the Broadcasts on the Internet and the Crimes Committed by means of these Broadcasts. In this context, the mechanisms of Blocking the Access and Excluding the Content of the Broadcast in the articles of 8/A, 9 and 9/B added to the Law with the changes carried out in 2014 and 2015 other than Article 8, the authorities to make a decision and the cases to be decided, the juridical quality of the verdicts, the mechanisms of exceptions against decisions, the authorities to fulfil the decisions, the techniques to be used in the application of the verdicts, the duration of the blocking of access precautions and ending it were all investigated. In addition, as a result of extending the blockage of the access cases given in the law with the above mentioned changes, Union of Access Providers that was established in order to eliminate the uncertainty experienced in the determination of the authorities to fulfil the decisions was also investigated. In the study, the tasks and responsibilities of the union were mentioned, and the fact that it is a private entity despite being founded with this law, it requires obligatory membership and that it decides the blocking of the access were investigated. Finally, after the investigation of Internet Watch Foundation acting in England and considered to be the counterpart of the union, its common and different features with the Union of Access Providers were mentioned. vii Besides being a private law entity, Union of Access Providers is an institution embodying some public authorities, approaching to public law private entity in doctrine, and the one that can be included in private law entity. While it has some similarities with the Internet Watch Foundation in terms of both as an institution and a quality, it is different when it comes to the field of activity and its content. Keywords: The Law with a No 5651, Blocking the Access, Excluding the Content out of Broadcasting, Union of Access Providers, Internet Watch Foundation.