In today’s world, digitalization has permeated every aspect of our lives. Websites, social media platforms, emails, instant messaging applications, and various digital files form the foundation of our daily communication, commercial activities, and even our personal freedom of expression. However, the legal risks that come with this digital universe are as crucial as the boundless possibilities it offers. The ability of digital content to quickly change, be deleted, or have its sources concealed makes it difficult to obtain evidence in the event of a potential legal dispute. This is precisely where notarization of digital content in Antalya and throughout Türkiye emerges as one of the most effective ways to ensure legal security.
In this article, we will examine all aspects of notarial identification of digital content, detailing its legal basis, areas of application, and why it is an indispensable legal tool. Our goal is to provide a comprehensive guide on how you can protect yourself against digital rights violations.
What is Notarization of Digital Content and Why Is It Important?
Notarial verification, in accordance with Article 61 of the Notary Law and the provisions of the Code of Civil Procedure (HMK), is the documentation, through an official notary, of a situation, an item, or a piece of content that will be used as evidence in a future or existing lawsuit. Notarial verification of digital content, on the other hand, is the process of recording, in the presence of a notary, any type of information in the digital environment, such as text on websites, images, videos, social media posts, email correspondence, and conversations on WhatsApp or other messaging applications, in an unalterable and undeniable manner.
This identification process is crucial against the inherent risks of “temporality” and “modifiability” inherent in digital content. Considering that a defamatory comment on a website, unauthorized use of a trademark, or copyright infringement can easily be deleted or altered by the relevant person, notarial identification freezes these contents “in their current state,” providing strong and reliable evidence for future legal proceedings.
Challenges Presented by the Digital Environment
The digital environment presents unique challenges in obtaining and preserving evidence:
* Modifiability and Erasability: Digital data can be modified, deleted or completely eliminated much more easily than physical documents.
* Anonymity: Perpetrators of some actions on the Internet can hide their identities by hiding behind the veil of anonymity.
* Difficulty in Source Identification: Determining the exact source or time of creation of a piece of content can sometimes be complex.
* Technical Knowledge Requirement: Collecting and presenting digital evidence may require certain technical knowledge and expertise.
Notary identification overcomes these difficulties and increases the validity and evidentiary power of the obtained digital evidence in court.
What Digital Content Can Be Detected?
Notarial detection can be applied to a wide range of digital content. The key is that the content to be detected must be of a legally disputeable nature and be physically observable by the notary or recordable by technical means. The most common types of digital content that can be detected are:
* Websites and Blogs: Postings containing insults, slanderous articles, images or texts that violate copyright, brand imitations, and elements of unfair competition.
* Social Media Posts: Comments, posts, images or videos containing insults, threats or harassment on platforms such as Facebook, Instagram, Twitter and LinkedIn.
* Emails and Messaging Applications: Correspondence between employee and employer, messages containing threats or blackmail, communications subject to commercial disputes (WhatsApp, Telegram, SMS, etc.).
* Video and Audio Recordings: Videos published without permission, music or film content that contains copyright infringement, audio recordings that contain threats or insults.
* Ads and Comments on E-commerce Platforms: Misleading product descriptions, unfair competitive pricing, reputation-damaging consumer comments.
* Digital Advertisements: Online advertisements that contain unfair competition or misleading information.
How Does the Notary Determination Process Work?
The process of notarizing digital content generally includes the following steps:
1. Application: The relevant person or institution submits a petition to the notary public, stating the digital content they wish to have detected and the reason for their request. Seeking support from a legal professional at this stage is crucial for formulating the request accurately and completely.
2. Notary Review: The notary provides access to the requested digital content upon request. This typically involves visiting the relevant website, viewing a social media profile, or opening an email account via a computer or mobile device.
3. Identification and Reporting: When examining digital content personally, the notary takes screenshots and meticulously records URLs, date and time information, IP addresses (if applicable), and other relevant technical details. Documenting the content in a readable and understandable manner is essential. If necessary, a video recording of the content may also be taken.
4. Preparation of a Report: The notary public prepares a detailed report containing all findings. This report includes the date and time of the report, the exact address of the identified content, screenshots or transcripts of the content, the notary’s observations, and other relevant information. The report is signed and sealed by the notary public.
5. Evidence: This report is an official document and is accepted as strong evidence in the eyes of courts and other legal authorities.
Carrying out the process quickly and accurately is crucial for documenting digital content before it is changed or deleted.
Legal Value and Evidence Quality of Notary Determination
While notary-made records do not qualify as “conclusive evidence” under the Code of Civil Procedure, they do constitute “strong written evidence.” The notary’s impartial and official nature lends their findings a high level of credibility. Courts generally evaluate notary-made records seriously and may base their decisions on them. In particular, officially recording the date and time the content was recorded plays a critical role in refuting claims that the content was later altered or deleted.
These report documents can be one of the first and most important bases not only in court proceedings, but also in alternative dispute resolution methods such as mediation and conciliation, or in complaints filed with the prosecutor’s office.
In Which Areas Does Notarization of Digital Content Play a Vital Role?
Notarization of digital content is an indispensable tool in a wide range of legal fields:
Intellectual and Industrial Property Rights Violations
In cases where a copyrighted work (photograph, text, software, music, etc.) is copied or published without permission, a brand is imitated or used unfairly, the identification of the infringing content through a notary is the first step for the rights holder to take legal action.
Personal Rights and Damage to Reputation
Insults, slander, defamation, privacy violations, or harassing messages posted on social media or websites seriously harm individuals’ personal rights. Immediately recording such content through a notary public provides substantial evidence for the victim to file a compensation claim or initiate criminal proceedings.
E-commerce and Consumer Disputes
Misleading advertising, unfair competitive practices, and false statements about products or services on e-commerce platforms may violate the rights of consumers and competitors. Notarized evidence of such content can be used as evidence in consumer arbitration committees or courts.
Labor Law Disputes
Email, text, or social media correspondence between an employee and employer can constitute crucial evidence in employment law disputes, such as termination of employment, mobbing allegations, or compensation claims. Notarized recording of such digital communications can be powerful enough to alter the course of a case.
Cyberbullying and Harassment
Digital content that includes cyberbullying, threats or harassment towards children or adults can be documented with a notary public and reported to judicial authorities or presented as evidence in legal proceedings.
Why is Professional Legal Support Necessary?
While the process of notarizing digital content may seem straightforward, it’s crucial to accurately identify the content to be identified, present the legal basis completely, and prepare a legally flawless report. An incorrect or incomplete identification can diminish the value of the evidence in court. Therefore, if you encounter a digital rights violation in Antalya or wish to take precautions against future violations, it’s crucial to seek the support of an experienced legal professional.
A legal professional accurately assesses the legal nature of the content to be identified, identifies specific issues that require clarification, and ensures the complete notarial application. They also guide you on how to manage the post-identification legal process, helping you defend your rights most effectively. Protecting your rights in the digital world requires proactive and informed action. Notarial clarification is at the forefront of these steps and is key to strengthening your legal security.