Operator companies failed to provide communication in the earthquake zone. Citizens will sue these companies. Commenting on the inadequacy of GSM operators, TBB President Sağkan said, “It is unacceptable that GSM operators are negligent and instead of solving the problem, they advise our citizens to ‘use their phones less’.”
The 7.7 and 7.6 magnitude earthquakes that occurred 9 hours apart on 6 February in Kahramanmaraş caused heavy destruction. Although days have passed, communication failures in the earthquake zone continue.
The rebellion of the citizens who could not deliver aid to their relatives under the rubble due to the collapse of the communication infrastructure continues. It is stated that the earthquake victims are preparing to file a lawsuit against the operators against this situation, which caused them to be billed for the service they could not receive and to lose their relatives.
According to the news of Sözcü, when 3 operators with more than 11 million subscribers in 10 provinces hit by the earthquake could not provide service at the most critical time, citizens revolted against the authorities who caused them to lose their relatives because they could not communicate.
Erinç Sağkan, President of the Union of Turkish Bar Associations, said: “The negligence of GSM operators and their advice to our citizens to ‘use their phones less’ instead of solving the problem is unacceptable. The Ministry of Transport and Infrastructure and GSM operators have serious flaws and responsibilities.”
THEY HAVE CRIMINAL RESPONSIBILITIES
Sağkan summarised as follows:
“Criminal and Legal Liability of Telecommunication Companies, ICTA and the Ministry Communication service and especially electronic communication service is a public service. Pursuant to the Law No. 5809 on Electronic Communications, this public service is performed by a private company, but there are also obligations for the company.
In various subparagraphs of Article 6/1 of the Law, it is regulated as the responsibility of the Information and Communication Technologies Authority to carry out the procedures related to the communication services to be carried out, to carry out audits, to ensure that those operating in this field comply with the legislation and to take measures to ensure that the public service is carried out properly.
Article 12 of the Law regulates the rights and obligations of the operator companies. Accordingly, it is the obligation of the companies to “take necessary measures to ensure uninterrupted communication in disaster situations” (Article 12/2-ğ).
Disruption of communication during an earthquake and the resulting loss of life and property is definitely a negligence. They are criminally liable according to the intensity of the fault. In addition, if a causal link is established, legal indemnification responsibilities will come to the agenda since they also cause a wrongful act.
Likewise, there is also a service defect and compensation applications can be made in the administrative judiciary within the framework of full judgement lawsuits. Criminal and administrative responsibilities in the form of neglect of duty may arise for the Ministry and ICTA officials.”
PROF. YAMAN AKDENİZ: PRIORITY IS BTK’S AUTHORISATION
Prof. Yaman Akdeniz, a faculty member at Bilgi University Faculty of Law, said: “The base stations in the region collapsed. The mobile base stations that went afterwards were not enough. The main reason for the disconnection there is the problem that these base stations cannot be used between operators… BTK does not allow operators to use each other’s base stations. Without solving this problem, it will not be possible to make the communication there healthy. In other words, communication with the region must be established immediately. After that, there will definitely be a struggle for the loss of rights of the citizens against the operators.”
“BTK: DOES NOTHING BUT ISSUE FINES”
Lawyer Gökhan Ahi, former member of Istanbul Bar Association Informatics Law:
“We can say that the ICTA does not do anything other than fining operators. However, in areas where earthquake fault lines pass, operators can be obliged to have a backup sector in every field for disaster situations, mobile base stations with satellite transmission to be operated by the Ministry can be positioned, balloons can be used to provide Internet access, backup frequencies can be defined for critical infrastructures and critical institutions.”
“TURKEY HAS FAILED IN THIS REGARD”
Lawyer Mehmet Ali Köksal, Member of the Legal Working Group of the Informatics Association of Turkey:
“Turkey has failed in this issue. The infrastructure in Turkey is not correct and sufficient. The Information and Communication Technologies Authority and the Ministry of Transport and Infrastructure are responsible for this. The burden on communication bills in Turkey is the exorbitant tax levied by the state. The reason for that exorbitant tax is the SCT introduced due to the earthquake. But the SCT was neither spent on earthquake-related infrastructure nor on the works that would save lives in earthquakes. It was spent on road and bridge construction and airport investments.”
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