Istanbul IT Lawyer: Cyber ​​Crimes, Content Removal

The placement of technology, artificial intelligence, cloud systems and e-commerce infrastructures at the center of life on a global scale has forced traditional legal disciplines to undergo a radical transformation. Cyber ​​crimes, committed by using computers, smartphones and internet networks as criminal tools or by directly targeting these systems, are among the areas where courthouses spend the most work today. Especially in Istanbul, Turkey's digital economy, startup and finance center, disputes arising from IT law pose a vital risk for both individuals and corporate companies.

IT law; Unlike classical disputes, it requires a deep technical infrastructure, protection of digital evidence and full command of the functioning of internet mechanisms. From violation of personal rights through social media to cyber fraud cases; It is a company specialized in this wide field, ranging from companies' KVKK (Personal Data Protection Law) compliance processes to the removal of false news from the internet. istanbul IT lawyer Acting with support is the key to preventing loss of rights.

1. Basic Computer Crimes and Penalties Regulated in the Turkish Penal Code

Cyber ​​crimes are specifically sanctioned under the title of "Crimes in the Field of Information Technology", articles 243 to 246 of the Turkish Penal Code (TCK) No. 5237. In the fight against cybercrime, correctly determining which article the action falls under is critical for defense or complaint strategy.

• Entering and Remaining in the Information System (TCK Article 243): The basic form of this crime is to unlawfully enter or remain in all or part of an information system without authorization. As emphasized in the Supreme Court decisions, the crime is completed by entering a system that is not open to the public by cracking the password or exploiting a systemic vulnerability.
• Blocking, Corrupting the System, Destroying or Changing Data (TCK Article 244): Preventing or disrupting the functioning of an information system or corrupting, deleting, changing or making inaccessible the data in the system is punishable within this scope. Placing illegal data into the system or sending existing data to another place are also among the qualified forms of this crime.
• Misuse of Bank or Credit Cards (TCK Article 245): Anyone who obtains or retains a debit or credit card belonging to someone else by any means and uses it without the consent of the card holder to provide an unfair benefit to himself or someone else is punished within the limits of Heavy Penalty.

In the comparative table below, we summarize the most common cyber crimes, their legal basis, penalty limits and competent courts to hear the dispute:

2. Content Removal and Access Blocking from the Internet within the Scope of Law No. 5651

In case of violation of personal rights, privacy of private life or commercial reputation on the Internet through false news, videos or images, rapid protection mechanisms should be put into effect within the scope of Law No. 5651 on the Regulation of Publications Made on the Internet and Combating Crimes Committed through These Publications.

• Violation of Personal Rights (5651 Art. 9): Natural or legal persons about whom unfounded, defamatory or defamatory content is published on their websites may directly request the removal of the content from publication (URL-based access block). While an application was previously made to the Criminal Judgeship of Peace, the Criminal Judgeship of Peace is no longer competent. Precautionary removal is requested from the Civil Court of First Instance in cases filed against you regarding your personal rights being violated. Or, if there is a Prosecutor's Office Investigation regarding the incident, it must be requested from the relevant prosecutor's office. As of 2026, if you apply to the Criminal Judgeships of Peace, a rejection decision will be inevitable.
• The Importance of Rapid Response: Since digital data spreads very quickly on the internet, timing is vital in online reputation management and crisis management processes. With the guidance of an expert IT lawyer, access blocking and content removal decisions can be taken from the Criminal Judgeships of Peace within 24 to 48 hours.

3. KVKK Compliance Processes and Data Breach Crisis Management for Corporate Companies

Istanbul is a city where Turkey's largest e-commerce sites, technology startups and holding centers are concentrated. This situation makes Personal Data Protection Law No. 6698 (KVKK) compliance processes a necessity for corporate companies.

• KVKK Compliance Projects: It is a legal obligation for companies to be registered in the Data Controllers Registry (VERBIS), to prepare explicit consent and clarification texts regarding the protection of employee and customer data, and to establish internal data protection policies. If deficiencies are detected, exorbitant administrative fines are imposed by the Personal Data Protection Board.
• Data Breach Crisis Management: In case of cyber attacks on company databases and leakage of customer/employee data, it is legally required to make a "Data Breach Notification" to the Personal Data Protection Board and the affected persons within 72 hours at the latest. A law office that works in coordination with cyber security teams in these moments of crisis minimizes both administrative penalties and prestige losses that may occur.

4. Local and Sectoral Dynamics of IT Law in Istanbul

The locations where IT disputes occur most frequently are generally the regions where technology giants, digital agencies and media organizations are headquartered.

• Cyber ​​disputes and KVKK processes of corporate companies operating in the plazas area, which is the heart of the technology, e-commerce and start-up ecosystem, Şişli IT lawyer And mecidiyeköy IT lawyer constitutes the focal point of their search. Cases and prosecution investigations in this region are mainly Istanbul (Çağlayan) Courthouse It is carried out by the Cyber ​​Crimes Investigation Bureau and the Criminal Courts of First Instance.
• In the coastal axis, where media, advertising and digital publishing activities are concentrated, there are issues such as content removal from the internet, copyright violations and online reputation management processes. Beşiktaş IT lawyer And sariyer IT lawyer support comes to the fore.
• Legal processes for software companies and e-commerce initiatives clustered on the Anatolian Side, especially in Kartal and Ataşehir regions. Istanbul Anatolian (Kartal) Courthouse is followed up by.

5. Detailed and Reasoned Frequently Asked Questions (FAQ)

Question 1: Is it a crime under the Turkish Penal Code to steal the password of my social media or e-mail account and what is the penalty?

Reply: Yes, this action is a qualified cybercrime regulated directly under the Turkish Penal Code. As clearly emphasized in the established decisions and current jurisprudence of the Supreme Court regarding cyber crimes; The act of preventing the owner's access to the system by obtaining the password of a person's e-mail, social media accounts such as Instagram, Facebook or Twitter, TCK art. 244/2 According to the law, it constitutes the crime of "making inaccessible and changing data in an information system". The perpetrator who committed this crime will be judged by the courts. Imprisonment from 6 months to 3 years is ruled.

Question 2: An unfounded news about me or damaging my commercial reputation has been published on the internet. How can I get an access ban decision from the Criminal Court of Peace?

Reply: In accordance with Article 9 of Law No. 5651, persons whose personal rights or commercial reputation have been violated due to internet broadcasting can directly apply to the Criminal Judgeship of Peace on duty where the real estate or their settlement is located. In the petition, the exact internet address (URL link) of the content subject to violation must be clearly stated, screenshots must be attached and the damage caused by false claims must be concreted. If the violation is determined as a result of the examination carried out by the judge, without delay URL-based access blocking A decision is made and this decision is sent to the Access Providers Association (ESB) for implementation. ESB is obliged to implement the decision within 4 hours.

Question 3: What evidence is most used in cyber crimes and why is computer forensics (IP, log, port analysis) vital?

Reply: The basis of criminal proceedings in cyber crimes is digital evidence. Identification of suspects or defendants; This is done through IP addresses, server logs (access logs), port numbers, HTS (call and base station signal) data and CGNAT (internet connection records). As stated in the current criminal chamber decisions of the Supreme Court of Appeals for 2025 and 2026, merely having an IP address belonging to a person is not sufficient for conviction; because IP addresses can be manipulated by external interventions (breaking Wi-Fi password, using VPN, etc.). For this reason, the presence of an expert forensic report in the file and the examination of the digital data by preserving its integrity (hash values) directly determines the course of the case.

Question 4: What is the legal liability of the bank if my credit or debit card is used for internet expenses without my consent?

Reply: The Supreme Court's recent decisions regarding banking and IT law have greatly aggravated the "objective duty of care" of banks. Even if the customer has the obligation (slight fault) to keep his/her own password safe, if the bank has not systematically activated unusual spending detection algorithms (lack of 3D Secure verification, suspicious transaction blocking, etc.) and has not fully ensured cyber security, the bank will be liable for any material damage incurred. is held directly responsible in accordance with the objective responsibility principle. In these cases, even if the perpetrator cannot be identified, the stolen amounts can be collected retroactively with legal interest through a compensation lawsuit filed against the bank.

Question 5: Are effective remorse provisions applied in cyber crimes, is reconciliation possible?

Reply: Since most cyber crimes concern public order, they are legally not within the scope of agreement (Ex: TCK 243, 244 and 245 are not subject to reconciliation). However, there are regulations that regulate the crime of misuse of debit or credit cards. TCK art. paragraph 245/5 Accordingly, the penalty to be imposed if the material damage (money) suffered by the victim is completely remedied during the investigation phase. up to two thirdsIf it is resolved at the prosecution (lawsuit) stage, Effective regret discount of up to half is applied. Thanks to this reduction, the penalty amount can be reduced to less than 2 years and brought to the Suspension of Announcement of Sentence (HAGB) or postponement limit.

IT law and cyber criminal cases are a field that requires advanced technical-legal expertise, not only in reading the articles of the law, but also in technical analysis of log files taken from servers, IP registration records, cyber attack methods and crypto asset movements. For individuals facing cybercrime charges, the statements of the police and prosecutor's office within the first 24 hours are the most critical threshold that determines the entire future of the case. Similarly, protecting the rights of corporate companies whose commercial reputation has been damaged by false news on the internet or citizens who are victims of cyber fraud is possible with millimetric time tracking.   

Attorney Mehmet Emin Kurşun Law Firm; It provides comprehensive legal protection in the field of cybercrimes and cybercriminal prosecution to corporate companies and individual clients, especially in Istanbul's digital trade and finance centers such as Şişli, Mecidiyeköy, Beşiktaş and Sarıyer. With our deep-rooted experience in Criminal Judgeships of Peace and Criminal Courts of First Instance in Çağlayan and Kartal courthouses; From IP address objections to favorable resolution of HTS and CGNAT records; We manage all processes with great care and with the principle of zero error, from finalizing access blocking decisions within 24 hours in accordance with Law No. 5651 to managing KVKK data breach crises. We are with you at every stage with our Istanbul-based expert staff to secure your rights against the risks of the digital world and to manage cyber trial processes with professional armor.