TO THE ………….. PEACE COURT JUDGE
APPLICANT
TURKISH REPUBLIC IDENTITY NUMBER:
ADDRESS:
REPRESENTATIVE:
ADDRESS:
SUBJECT: This is our petition requesting the determination of the illegality of the attack on our client via the internet, and the cessation and removal of the publication.
OUR EXPLANATIONS
1-) A close-up photograph of our client, taken while he was meeting with friends, was published on the website “www. ….. .com” on …./…/…. Our client is pictured consuming alcohol in the photograph, and is referred to as an ‘alcoholic’ in the accompanying news article.
2-) Our client is a respected person in his business life and is a well-liked and respected figure in his close circle. Alcoholism is defined as an excessive addiction to alcoholic beverages that harms a person’s physical and psychological health. We cannot accept that a client’s consumption of one or two glasses of alcohol during a meal with close friends is portrayed as alcoholism. This news report clearly constitutes an attack on our client’s personal rights.
3) Our client has been clearly victimized by this news report, which is easily accessible online and constitutes an attack on their private life and personal rights. In this regard, Article 24 of the Turkish Civil Code No. 4721 stipulates that a person whose personal rights have been unlawfully violated may request protection from the court against those who committed the violation.
4) Our client’s respected reputation and commercial standing have been jeopardized by the publication on the website …… . Regarding this unlawful publication, …/…/…. On [date], we applied to the hosting provider requesting the removal of the content related to our client from publication. However, within two days of receiving the request, we did not receive a response, nor was the publication removed from the website.
5) It is necessary to order the removal of the publication containing unfair and false statements about our client from the internet, and to publish our prepared response on the internet for a period of one week to prevent damage to our client’s commercial reputation.
6) Due to the aforementioned issues, we are compelled to apply to your esteemed court for the determination of the illegality of the attack carried out via the internet, and for the cessation and removal of the publication.
LEGAL GROUNDS: Law No. 5651, Articles 9, 9/A; Law No. 5237, Article 134; Law No. 4721, Articles 24, 25; Regulation on the Procedures and Principles Regarding the Regulation of Publications Made on the Internet, Article [number missing]. 10
LEGAL EVIDENCE:
1) Photocopies of images from the relevant website.
2) News clippings from various newspapers.
3) Sample application letter to the website provider.
4) Witness list showing the names and addresses of the witnesses and the subjects they will testify about.
5) Expert Examination.
CONCLUSION AND REQUEST: For the reasons explained above, we respectfully request, on behalf of our client, that the court determine the illegality of the attack carried out via the internet on the website “………..com”, which clearly constitutes a violation of our client’s personal rights, and order the cessation and removal of the publication. …/…/…
ATTACHMENTS:
1)
Requesting Party’s Attorney
Attorney [Name]
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