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Is the media adequately protecting children? How are children protected in media law?

Is the media adequately protecting children? How are children protected in media law?

24.09.2024 21:51

The Public Prosecutor Asım Ekren provided information on how children are protected in media-related legislation and what parents can do in case of violations of legal provisions regarding the protection of children. Asım Ekren explained in detail how children are protected in media-related legislation and what parents should do if there are violations of legal provisions concerning the protection of children.

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Public Prosecutor Asım Ekren provided information about the laws and rights related to children's media and internet usage. Referring to laws related to the internet, Ekren stated that commercial mass usage providers are obliged to use content filtering systems and safe internet services to take preventive measures against access to content that constitutes a crime, in order to protect families and children.



"EVERY FIELD HAS ITS OWN REGULATIONS"



Starting his remarks by stating that the law defines a child as a person who has not yet reached the age of 18, even if they are considered mature at an earlier age, Public Prosecutor Asım Ekren informed about how children are protected in media-related legislation and what parents can do in case of violations of legal provisions regarding the protection of children.



Asım Ekren said, "According to media-related laws, children should be addressed according to the type of media present in the law. In other words, is it a newspaper, magazine, radio-television, or the internet, social media? Since these have separate laws, the regulations are also somewhat different."



Reminding that the law regarding the press includes provisions for both the right of children to own publications and the protection of children, the Public Prosecutor stated, "Those who can own periodicals and those who submit declarations for this purpose are also counted as individuals under 18 years of age, provided that it is through their legal representative. This means that a child can own a newspaper if necessary. Additionally, it is considered a crime to publish in a way that reveals or leads to the identification of the identities of individuals under 18 who are perpetrators or victims in periodicals."



"REVEALING THE NAME OF A VICTIMIZED CHILD IS A CRIME"



Summarizing the issue with examples, Ekren stated that actions such as providing a recognizable photograph of a child involved in sexual abuse or openly writing their name and surname are crimes punishable by judicial fines.



Referring to the law related to the internet, Asım Ekren mentioned, "Commercial mass usage providers, that is, those who provide individuals with the opportunity to use the internet in a certain place and for a certain period, are obliged to use content filtering systems and safe internet services to take preventive measures against access to content that constitutes a crime regarding the protection of families and children." He added, "For example, a publication that can encourage children to bad habits such as alcohol and drugs can be evaluated within this scope. In case of violation, depending on the severity of the breach regarding the fulfillment of the obligation, one of the penalties such as warning, administrative fines, or suspension of commercial activities for up to three days can be imposed by the local administrative authority."



"ACCESS CAN BE BLOCKED"



Ekren explained that a publication that raises sufficient suspicion of constituting the crime of sexual exploitation of children can be banned without any time limit, stating, "According to the law, a decision can be made to remove the content and/or block access. Accordingly, the decision is made by the public prosecutor, the judge, and the President of the Information Technologies Authority. This decision is immediately communicated to the relevant content and service providers, and the necessary actions must be taken within four hours at the latest from the notification moment. The decision can be appealed by the concerned parties according to the provisions of the Criminal Procedure Code. (6) For example, all kinds of sexual content related to children can be addressed within this framework."



Responding to the question of what to do if the same publication appears on other websites despite the decision, Ekren emphasized that the same decision is valid for other websites, stating that there is no need to make a new application. He added that if the concerned person applies to the Access Providers Association, the existing decision will also be applied to those addresses.



FINES WILL BE IMPOSED IF THE DECISION IS NOT IMPLEMENTED



Public Prosecutor emphasized that if the decision is not implemented by the responsible person in accordance with the conditions and within the time specified in the law, and provided that the act does not constitute another crime requiring a heavier penalty, they will be punished with a judicial fine solely for non-compliance with the decision. (7) "If this publication also constitutes another crime, for example, if there is an impression that crimes such as human (child) trafficking, exploitation, smuggling of migrants, or using a child in begging or prostitution are being committed, legal action will also be taken."



As part of the legal duties and authorities of the Radio and Television Supreme Council (RTÜK); to promote family and child-friendly productions and series that support the integrity and continuity of the family and the physical, mental, and moral development of children and young people, in accordance with the principles determined regarding children, youth, and family, together with the Ministry of Family and Social Policies, according to the procedures and principles to be determined. (8) Ekren stated that those who broadcast on radio and television must act in accordance with the principles determined regarding children, youth, and family, otherwise, they will face sanctions.



Providing advice to parents regarding laws and rights aimed at protecting their children, Ekren emphasized the importance of parents being careful, diligent, and conscious, stating that it is essential to report publications that violate the law in general and the protection of children in particular to the relevant authorities, expressing that only in this way can valuable contributions be made to create safer tomorrows for children.



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