MLSA has taken legal action against the ban on Instagram, arguing that the restriction violates freedom of expression, press, access to information, and communication. The MLSA has requested the suspension and annulment of the decision by the Information and Communication Technologies Authority (BTK).
The BTK's decision, which took effect on the morning of August 2, restricts access to Instagram from Turkey, citing "catalog crimes" as the reason. However, there has been no official explanation provided. The MLSA emphasized that the ban lacks public interest, infringes on the rights of 57 million users, disrupts daily commerce worth 2 billion lira, and results in a daily VAT loss of 400 million lira.
The MLSA has filed a lawsuit with the Ankara Administrative Court to halt the execution of this decision. Co-Director Veysel Ok stated that they would also appeal to the Criminal Judgeship of Peace if the access ban continues.
The association highlighted that the ban on Instagram not only violates press and freedom of expression but also impinges on communication and access to information. They asserted that the rights of 57 million people were violated without justification.
Comparing the situation to other countries, the MLSA Legal Unit noted that Instagram is banned in only five countries, including China, Russia, North Korea, and Iran, which are governed by totalitarian regimes. They stressed that such a ban is unacceptable in any democratic society and that it suppresses freedom of expression.
The MLSA's petition argued that the BTK's authority to impose access bans was nullified by a Constitutional Court decision in January, which stated that access restrictions should be limited to illegal content. The association claimed that the BTK's decision was excessive and beyond its jurisdiction.
Veysel Ok warned that the access ban leads to irreparable damages, infringing on both freedom of expression and communication for millions of users. He also pointed out the significant financial loss for businesses conducting sales through social media, emphasizing that the daily trade volume of 2 billion lira results in a daily VAT loss of 400 million lira. He criticized the treasury for focusing on taxing citizens leaving the country rather than addressing the domestic financial loss.
A statement on the BTK’s website confirmed that Instagram has been blocked since August 2. According to information obtained by Medyascope, the platform was banned for reasons including "insulting Atatürk," "promoting gambling and drugs," and "child sexual exploitation." However, the Constitutional Court had annulled the article granting the BTK president the authority to impose access bans for such crimes in January, with the ruling set to take effect on October 10.
