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Applicable law in violations of personal rights in social media environment

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2023
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Abstract (EN)

Social media is one of the most frequently used communication platforms today. Parallel to its widespread use, social media is also a common area where you can experience violations of personal rights. Personalality rights violations committed in the social media environment are among the areas of important legal disputes today. As in other branches of law, these disputes are often the subject of discussion in the field of Private International Law. In the globalized world, which is almost surrounded by technology, conflicts including foreing element in is increasing. In this case, the question about international jurisdiction oh the states and which state's law will be applicable to the dispute, regarding the violations of personality rights that occur in the social media environment and that contain a foreign element. The choice between the right to personality and freedom of expression is effective on the basis of the answer to this question. Another aspect that influences the answer is the way the real world and cyberspace are handled. In the context of private international law, the main subject of our research is the question of whether the classical connecting factors and the violations of personality rights in social media can be resolved and whether there is a need for new connecting factors. This dissertation consists of two main parts. In the first part of our study, the basic concepts were examined and in this context, the internet and social media were discussed in detail in the first part. In this context, the structure, functioning and main factors of the internet and social media are examined respectively. Adding to this information on the management concept of the internet and social media is given and the current legal regulations in this field are included. In the second part, the concept of personal rights is examined. First of all, the right to personality is explained conceptually, violations of personal rights are mentioned and legal protection methods against violations of personal rights are emphasized. Finally, the section has been completed by examining the violations of personality rights from the perspective of the internet and social media environment. In the third part of our study, the issue of determining applicable law to the violations of personal rights in the internet and social media environment is discussed. In this context, first of all, the applicable law in the context of internet and social media, the qualification of violations of personality rights, various connecting factors and theories were examined. Finally, information on Turkish law and current regulations in the European Union has been given.

Author

İrem Ceren Atik

How to Cite

İrem Ceren Atik (Master Thesis). Applicable law in violations of personal rights in social media environment, 2023, MEF University.

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