DoctorateOpen Access

State's competence of internet regulation and imposing administrative sanctions with regards to public law

2013
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Advisor: Prof. Dr. Murat Sezginer

Abstract (EN)

Regulation of the Internet by the state brings about many criticisms. Especially regulations which are put into action within the context of public law may cause assertions regarding violations of the fundamental rights and freedoms. Starting from this point of view, in this study which discusses examination of the regulations made by state concerning the content of Internet within the context of public law, as a general thing, it is attemted to determine the approach of the state to the Internet and put forth the necessity of establishing a sensitive balance regarding regulation in the process of solving the conflicts with relation to the field of the fundamental rights and freedoms. While this requirement is presented, it is evaulated whether censorship must come to mind when the subjects are state and Internet, Internet is a field in which state should never intervene or state does have a regulation right in the area of Internet, who rules the Internet, where state stands in the process of solving legal problems caused by Internet, what the international initiatives concerning the regulation of Internet do mean. Besides it is put empasis on where the subjects such as struggle with cyber crimes, storing personal data, control of Internet communication with the aim of interception, providing national cyber security, prevention of access to the content of Internet, filtering, removal of content from transmission and right of reply, criminal and administrative liabilities of Internet service providers, conduct of Internet domain names, do take place concerning the relation between state and Internet, whether laws which are put into effect regarding the regulation of the Internet in our country are cencorship themed and finally what the regulations made by these laws does amount to in the context of democracy and human rights. In this study which aims at finding answers for these issues, it is made an attempt on manifesting a perspective from the point of public law. Key Words 1. Regulation of Internet. 2. Public law and Internet. 3. Filtering. 4. Freedom of expression and Internet. 5. Internet censorship.

Author

Dr. Yasin Söyler

How to Cite

Yasin Söyler (Doctorate thesis). State's competence of internet regulation and imposing administrative sanctions with regards to public law, 2013, Gazi University.

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