Two Turkish law professors and cyber-rights activists have filed a lawsuit regarding the recent ban on Instagram by the Turkish government, according to a Monday social media post. The lawsuit, presented by Yaman Akdeniz and Kerem Altiparmak, founders of the İstanbul-based Freedom of Expression Association, requests the cancellation of the ban, alleging it infringes on constitutionally protected rights.

The complaint presented follows Friday’s ban on the social media platform. According to local media, the Information and Communication Technologies Authority (BTK) posted a statement indicating that “instagram.com has been blocked by a decision on the date of 02/08/2024.” This decision follows a series of measures taken by the government since 2020, with the passage of a new social media law that required social media platforms to open offices in the territory and established much tighter government control over online news websites, which were severely criticized.

In a post on X (formerly Twitter), Akdeniz explained that they filed their lawsuit in the Ankara 13th Administrative Court, arguing that the ban by the Turkish government infringed on constitutional rights. They emphasized the lack of transparency and due process in the BTK’s decision, which they claim not only violates freedom of expression but also the right to access information and seek judicial review of administrative actions guaranteed by Article 40 of the Turkish Constitution.

The professors also pointed out that the Instagram restriction was not justified by the government. Furthermore, the complaint alleges that the 5th Constitutional Court emphasized that the state and administrative authorities need to exercise great care in internet regulations and practices. The lawsuit contends that, although Instagram complies with BTK’s demands and does not engage in illegal activities, the blanket ban is arbitrary, disproportionate, and unlawful.

Despite this, the Turkish government has spoken in favour of the initiative. Fahrettin Altun, Head of Communications of the Turkish government, argued on his X account that Instagram is engaging in “censorship, pure and simple” by preventing people from posting condolence messages for the deceased former Hamas leader, Ismail Haniyeh. Altun added that the government “will defend freedom of speech against these platforms.”

After a meeting held between Meta and the Turkish government this Monday, local media reported that negotiations between the parties have been advancing, but the ban remains as there are significant disagreements related to “terrorism content.” Regarding this, the Minister of Transport and Infrastructure, Abdulkadir Uraloğlu, said that they did not achieve the “desired outcome” but “if the requirements we want are met, [they] will lift the access ban.”