In his written statement, Attorney Kürşat Ergün, President of the IT Law Association, reminded that Facebook, Instagram and WhatsApp have not been able to serve their users for a long time, pointing out that these platforms are also frequently used for commercial purposes.
Stating that traders, business owners and commercial content producers earn commercial income through the advertisements they publish within the scope of their agreements with the platforms, Ergün said:
“In this case, the question of how this loss of income will be compensated comes to mind. With the latest amendment to the law numbered 5651, in which the basic regulations regarding the internet are made, foreign social network providers with more than 1 million daily access from Turkey; at least one authorized person in Turkey. It has been made mandatory to designate a representative as a representative and to include the contact information of this person on the website in a way that can be easily seen and directly accessed.
Facebook and Instagram also determined the representatives of Turkey. As clearly stated in the law, these representatives are obliged to fulfill the requirements of the notification, notification or requests to be sent by judicial or administrative authorities. Therefore, individuals and institutions claiming to have suffered commercial losses will show Facebook and Instagram companies as parties in the lawsuits they will file; can make the notifications through the representative office during the trial.
Ergün stated that decisions have been made regarding the jurisdiction of local courts in various countries regarding which country’s law will be applied in the trial, and that many countries have condemned Facebook to pay compensation with the judgments made in their own courts according to their own laws.
