AMED TIMES - The BTK has closed Instagram without a court order and on its own initiative. By law, the BTK must obtain a court order within 24-48 hours for any closures it initiates.
However, in certain situations, which are defined as "catalogue offences"," the BTK has the power to impose access restrictions without a court order.
Transport and Infrastructure Minister Abdulkadir Uraloğlu announced that Instagram was closed due to allegations of "catalogue crimes" In this case, Instagram could reopen in accordance with the government's decision.
Decision of the Constitutional Court to block
Despite this decision by the government, there is an annulment decision by the Constitutional Court from 10 January 2024. The Constitutional Court annulled Article 9 of Law No. 5651, which regulates access restrictions imposed by courts on the basis of personal rights. It also restricted the power of the BTK President to block access or remove content and declared this unconstitutional. The court ruled that these powers violate the presumption of innocence.
Automatically reopened even if the ban is not lifted
The Constitutional Court's decision to lift the ban will enter into force nine months after its publication in the Official Gazette, i.e. on 10 October 2024. If the BTK does not lift the access ban on Instagram, the platform will automatically reopen on 10 October 2024.
Is the date for the reopening of Instagram known?
To summarise, the access ban imposed by the BTK on Instagram is considered unconstitutional in accordance with the Federal Constitutional Court's decision to lift the ban. If the BTK does not comply with this decision, Instagram will be reopened on 10 October 2024 at the latest. However, the steps taken by the government during this process will also determine the future of the platform.
