General Framework and Purpose
The Proposal on the Amendment (the “
Proposal”) of the Personal Data Protection Law No. 6698 (the “
Law”), which was submitted to the Justice Commission of the Grand National Assembly of Türkiye on 9 January 2026, has been prepared based on the assessment that the sanction and liability mechanisms envisaged under the Law are insufficient with respect to the sharing of content generated through artificial intelligence tools and the digital obligations arising therefrom.
In the explanatory memorandum, it is emphasized that with the rapid advancement of digitalization, audio, written, or visual content generated by artificial intelligence is being shared without the consent of the individuals concerned, resulting in violations of personality rights. The Proposal further highlights that the current regulations lack sufficient mechanisms to prevent and deter the dissemination of such content. In view of the fact that digital platforms and social media tools play an active role in content creation and publication processes in today’s world, it is stated that digital platforms should be held responsible for preventing, detecting, and removing personal rights violations.
The Proposal aims to establish an effective sanction mechanism against platforms that enable the sharing of content generated through artificial intelligence without the consent of individuals, in order to ensure that the dissemination of digitized content within the scope of the Law takes place without giving rise to violations of rights.
In this context, the Proposal envisages imposing an administrative fine equivalent to 5% of the previous year's revenue on social media tools and digital platforms that enable the sharing of any visual or audio content generated using artificial intelligence tools without the consent of the individuals concerned.
Evaluation
In parallel with the Digital Copyright Law Proposal submitted to the Grand National Assembly of Türkiye on 11 December 2025, the Proposal aims to transform digital platforms into actors assuming more active responsibilities in the prevention of rights violations arising as a negative consequence of the accelerated development of digitalization. Through the Proposal, it is acknowledged that content generated by artificial intelligence may also give rise to personal data violations, and it may therefore be said that digital platforms are intended to be positioned as more effective supervisory and enforcement mechanisms in preventing such violations.
The Proposal introduces a specific regulation concerning platform liability, which is not explicitly addressed under the Law. While the regulation aims to deter the unauthorized dissemination of AI-generated content, it is expected that the details relating to content moderation, freedom of expression, and the interaction between content providers and platforms will be further clarified through subsequent commission deliberations.
Ebrar Turan, Senior Associate
Işılay Işık, Associate
Tan Tümay, Trainee Lawyer