Violation and preservation of personality rights around the internet media

Violation of personality rights and the preservation methods applied against these violations constitute the main subject of our thesis. Even though violation of personality rights are the violations which haven?t occured in recent years, these violations pour out the İnternet media parallel to the development of science and technology. This situation has caused the issues to be more complicated of which solutions are much more difficult, anyway.When the difficulty of defining the personality right is put aside, the personality rights can be stated as the whole of valuations such as material, moral, economic valuations which can be gained by birth, aren possible to give up by the person?s self-control, can be put forward to everyone and are linked to the person tightly.The rights have been violated in the İnternet media in several ways. Actually, the violations of all these rights can?t be succeeded around the İnternet media, possibly. For example, it is not possible for a person to be violated with the rights of living, the privacy of the body in the environment of the İnternet media. Because these rights can be violated with the result of a verbal attack. Whereas, the main property upon which the personal rights are violated in the İnternet media is that the violation is achieved in virtual environment.The speed that the İnternet has and the ability of operating without being stopped depend on the existence of some technical elements. We can name these elements as the structural elements of the İnternet. The structural elements of the İnternet are TCP/IP, web tecnology, intranet and extranets. The most important one of all these elements is TCP/IP. TCP/IP is the rules which provides the realization of data interchange without creating any problems for the computer which are linked to the İnternet network. TCP/IP is a kind of communication protocol. This protocol has become the most common protocol as it has provided much more advantages as compared to the other ones.The violation of personality rights around the İnternet environment can be realized in many ways. Nowadays, the most common of the violations of personality rights around the İnternet environment is the broadcast to be observed in the web site. In these broadcasts, the attacks oriented to the honour and dignity of the person and attacks to the professional and economical rights are the most common. Violations of domain name, e-mails, attacks to be organized by means of spams, fake mail, spoofing, phishing, attacks to be realized by means of pharming methods, trojen horses, chameleons, attacks to be realized by using network viruses and worms have taken an important place in the violation oriented to the personality rights.The penetration of the violation of personality rights around the İnternet has revived the responsibility of İnternet service provider. In addition to the responsibilities of İnternet service provider which are originated by the contract, İnternet service providers also have the legal and criminal responsibilities.The violation of personality rights around the İnternet carries a composition of a tortious act. So, the responsibility of the person who violates the personality rights in the İnternet is designated according to the basic tortious acts.The person whose personality rights have been violated in the İnternet can sue, as he can apply to the related authorities in order to institute an inquiry. These lawsuits are prevention, suspension, fixation, material and moral compensations, transaction without succession which are found in article 25 in Civil Code. At the end of these lawsuits the declaration of the decision to the third persons can be claimed.