A new regulation announced in recent weeks by Justice Minister Akın Gürlek has sparked widespread debate in Turkey. The proposal, which requires identity number verification for users under the age of 15 when accessing social media platforms, has been met with concerns over “digital profiling” and “censorship,” rather than the promised enhancement of “security.”
The Ministry of Justice has justified the initiative as a measure to combat fake accounts and prevent crime. However, critics argue that the regulation aims to eliminate the right to anonymity, one of the most fundamental safeguards for individuals in the digital sphere. Packaged with technical mechanisms such as electronic sealing and e-Government integration, the system carries the risk of making every user interaction subject to state oversight.
Meanwhile, YouTube’s representative in Turkey issued a statement regarding the proposed legislation. The statement warned that such restrictions could have negative consequences for young people and announced that, in order to comply with the law, the platform would be required to close the accounts of users and content creators under the age of 15.
The regulation will clearly be unconstitutional
The proposed regulation conflicts with the “right to request the protection of personal data,” which is guaranteed under Article 20 of the Constitution. The Constitution stipulates that everyone has the right to request the protection of their personal data and that such data may only be processed in cases provided for by law. Placing citizens’ identity information within such a tightly controlled system also opens the door to irreversible security vulnerabilities.
Lawyer Veysel Demirkaya from the Association of Lawyers for Freedom (ÖHD) elaborated on the potential security risks arising from the regulation and explained the issue of violating the relevant constitutional provision as follows:
“If the proposed regulation is enacted, it will be unconstitutional because it will violate the right to respect for private and family life as regulated in Article 20 of the Constitution. Individuals on social media do not produce content solely under their real names; they also create content and express their opinions using anonymous identities. This situation stems from the right to freedom of expression. Of course, severe insults and defamation cannot be accepted within the scope of freedom of expression. However, disproportionately restricting constitutional rights through legal regulations and forcing individuals to register on these platforms with their identity information would also clearly violate the right to freedom of expression regulated under Article 26 of the Constitution.
As reflected in the media, the stated aim of the proposed law is to prevent acts such as insults, defamation, and the dissemination of misleading information to the public under Article 217/A of the Turkish Penal Code through accounts whose real owners cannot be identified. However, due to the concerns experienced by the government, it is not possible to disproportionately restrict constitutional rights, particularly core rights, by law. Therefore, the proposed legal regulation will clearly be unconstitutional.”
It will pose extremely serious risks to legal security
Lawyer Veysel Demirkaya stated that another significant aspect of the proposed regulation concerns the potential seizure and misuse of personal data. Referring to an example from the case publicly known as the “Istanbul Metropolitan Municipality (IMM) case,” Demirkaya said:
“Another dimension of the proposed law is the disproportionate collection of personal data and the transfer of this data to companies based abroad. This situation will pose extremely serious risks to legal security. At a time when even data held by official state institutions has been leaked, there is no guarantee that private companies will protect this information in accordance with proper procedures or that it will not fall into the hands of malicious actors.
Moreover, in the case known to the public as the ‘İBB case,’ espionage allegations were raised against the defendants, claiming that personal data belonging to individuals living in Istanbul had been transferred to companies headquartered abroad. These allegations were included in the indictment prepared by the chief public prosecutor of the time. However, the striking point is that the individual who is currently announcing this legislative proposal and stating that agreements have been made with foreign-based companies is now serving as the Minister of Justice. This situation creates clear contradictions.
In conclusion, the sharing of personal data, biometric photographs, and signature samples with foreign companies in this manner would clearly violate individuals’ rights to the protection and confidentiality of their personal data.”
It contradicts several articles of the Constitution
The proposed regulation clearly conflicts not only with Article 20 of the Constitution but also with Article 22. The Constitution stipulates that the confidentiality of communication is fundamental and that any interference cannot occur without a judicial order. Since mandatory identity verification would result in every step individuals take in the digital sphere being recorded, it creates a lasting pressure on the confidentiality of communications.
As also noted by lawyer Veysel Demirkaya, this situation carries the risk of evolving into a mechanism of “self-censorship” affecting the “freedom of expression and dissemination of thought” guaranteed under Article 26 of the Constitution. The awareness that users’ identity information is stored within the system whenever they share critical opinions may lead to the suppression of dissenting voices and transform digital public spaces into environments reserved only for “approved” participants.
A review of similar practices worldwide indicates that the model toward which Turkey is moving aligns more closely with authoritarian control mechanisms than with democratic standards. For instance, in regions such as the European Union, debates on “age verification” are generally conducted through privacy-focused and anonymous solutions. In contrast, Turkey’s establishment of a centralized control mechanism based directly on the national T.R. identity number exceeds the principle of proportionality set out in Article 13 of the Constitution.
It goes beyond a matter of digital profiling
Veysel Demirkaya also emphasized that the proposed regulation would constitute a violation of the right to freedom of expression, which is recognized as a core constitutional right.
Demirkaya said: “If the proposed verification system is implemented, social media users in Turkey who fail to complete identity verification will have their accounts rendered invisible to other users in the country. The most significant consequence of this situation is that many individuals who express their political views or hold different worldviews through anonymous accounts or pseudonyms will no longer be able to freely express their opinions.
This would amount to a violation of the right to freedom of expression, which is among the core rights guaranteed by the Constitution. Indeed, this regulation goes beyond being merely a matter of digital profiling; it would severely restrict individuals’ ability to express themselves. Therefore, I believe that the proposed regulation will result not only in profiling but also in the silencing of individuals’ voices, create significant pressure on freedom of expression, and serve the purpose of constructing a totalitarian regime.”
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