The answer to this question changed in 2023. Article 9 of Law No. 5651, the basis for removing content and blocking access on grounds of infringement of personality rights, was annulled by the Constitutional Court by its decision of 11 October 2023, file no. 2020/76, decision no. 2023/172. In the official text of the Law the article now stands marked “(Annulled…)”, with no paragraph text beneath it.
Route 1: the right of correction and reply (Law No. 5187, Art. 14)
This is the fastest route and requires no court order. In periodicals — including online news sites — where material infringing the honour and dignity of persons, or contrary to the truth in relation to persons, is published, the person harmed sends a correction and reply text within two months. The responsible editor must publish it on online news sites within one day at the latest, with a URL link provided.
That route does not remove the item but places your own text beside it. If it is not published, application lies to the criminal judge of peace of the place where you are within fifteen days (Art. 14(5)).
Route 2: privacy of private life (Law No. 5651, Art. 9/A)
This article remains in force and works very quickly; but it is available only for infringement of the privacy of private life, not for infringements of personality rights generally.
| Step | Period | Paragraph |
|---|---|---|
| Direct application to the Authority (BTK) | — | Art. 9/A(1) |
| Access providers implement the measure | Immediately, within four hours at the latest | Art. 9/A(3) |
| Submitting the request to the criminal judge of peace | 24 hours from the request | Art. 9/A(5) |
| Decision of the judge | Within 48 hours at the latest; failing which the measure lapses of its own motion | Art. 9/A(5) |
The application must state the full address (URL) of the publication causing the infringement, an explanation of the respects in which the right has been infringed, and information proving identity; where that information is incomplete the request is not processed (Art. 9/A(2)).
Article 9/A(7) has a practical consequence: “Where the content subject to blocking of access has been removed from publication, the decision of the judge shall lapse of its own motion.”
Route 3: an action on personality rights (Civil Code, Arts. 24 and 25)
This is the most comprehensive route. Article 24(1) of the Civil Code: “A person whose personality right is unlawfully attacked may apply to the judge for protection against those making the attack.”
Article 25 lists what may be sought:
- Prevention of the threat of an attack
- Cessation of a continuing attack
- A declaration of the unlawfulness of an attack whose effects continue, even if it has ended
- Notification of the correction or of the judgment to third parties or its publication
- Pecuniary and non-pecuniary damages
- Delivery of the profit obtained through the unlawful attack, under the provisions on agency without authority
Article 25(5) also settles venue: “A claimant may bring an action for the protection of personality rights in the court of their own domicile or that of the defendant.”
Which route when
| Situation | Appropriate route |
|---|---|
| The report is contrary to the truth and you want your account beside it | Law No. 5187, Art. 14 — correction and reply |
| The content concerns your private life and urgent removal is needed | Law No. 5651, Art. 9/A |
| Your personality rights have been infringed and you seek removal, a declaration and damages | Civil Code, Arts. 24–25 |
| The report contains an element of an offence | A criminal complaint to the public prosecutor’s office |
| An old report has lost its currency | The archive and “right to be forgotten” debate |
Limitation for damages
Article 72 of Code of Obligations No. 6098: “A claim for compensation is subject to limitation on the expiry of two years from the date on which the injured party became aware of the damage and of the person liable, and in any event ten years from the date of the act. However, where the compensation arises from an act requiring a penalty for which the criminal laws provide a longer period of limitation, that period shall apply.”
Against whom
Under Article 13 of Law No. 5187, for pecuniary and non-pecuniary damage arising from acts committed through printed works or online news sites, in periodicals the author of the work together with the owner of the publication and their representative, if any, are jointly and severally liable. Where the legal person is a company, the chair of the board in a joint stock company and the most senior manager in other companies are also liable together with the company.
The timetable is covered in the removal timetable guide and the archive question in the archive guide.