Protection of the child's personality in Turkish civil law, especially in terms of the right to images in new media

With the development of technology, new media platforms have become digital environments where most of the time is spent. In addition to the benefits of new media platforms such as education, communication and socialization, there are also harms due to misuse. These harms can be relevant for people of all ages. However, children are much more affected by the harmful aspects of new media. Compared to the analog world, the fact that the child's right to personality is very open to interventions in the digital field and that violations spread very quickly to a very wide environment points to the importance of the issue. Both national and international law recognize the principle of protecting the best interests of the child. It is of critical importance to evaluate the violation of children's right to personality, especially the violation of the right to draw, which is one of the most violated in the new media. It is possible for the child's right to draw to be violated by different people. These include the child himself/herself, his/her parents, peers and even third parties whom he/she does not know at all. The study consists of three chapters. In the introduction, the importance and topicality of the subject is pointed out and the basic concepts and principles related to the subject are explained. In the second part, the appearance of the child's right to image in digital new media, the basic situations that constitute the violation, the relationship with the violation of other personal values, the responsibility for its violation, the subjects that may cause its violation and the complementary explanations regarding the responsibilities of the new media subjects are examined within the scope of the relevant legislation and the opinions in the doctrine. Current examples, decisions of the Court of Cassation and fictional examples based on developing technologies have been added to this section. In the context of the subjects who violate the child's right to personality, the situation of the child himself/herself, his/her parents, peers and unknown third parties is analyzed and their responsibilities are discussed. In the third part, the protection of the child's right to draw against violations is discussed. In this context, litigation, non-litigation and mixed remedies against the violation of the right to image are discussed.