Turkiye: Issued ruling by Turkish Constitutional Court regarding freedom of expression and press in decision to block access to online news site

Description

Issued ruling by Turkish Constitutional Court regarding freedom of expression and press in decision to block access to online news site

On 8 November 2023, the Turkish Constitutional Court ruled that the decision to block access to the internet news site Artı Gerçek violated freedoms of expression and press. This ruling came in response to the site owner's challenge against the block imposed following a news publication on 15 October 2019. The Turkish Ministry of Internal Affairs had requested the block under Article 8/A of Law No. 5651, which was then executed by the Information Technologies and Communication Authority and approved by the criminal judgeship of peace. However, the Constitutional Court, referencing previous decisions, emphasised the importance of careful evaluation in cases involving terms like "terrorism" to prevent misuse and ensure the protection of freedoms. The Court noted that the current form of the law fails to prevent arbitrary authority and does not balance freedom of expression against the need to protect against terrorism. Consequently, the Court declared that the block on Artı Gerçek's website was a direct violation of the law, infringing on fundamental freedoms.

Original source

Scope

Policy Area
Content moderation
Policy Instrument
Content moderation regulation
Regulated Economic Activity
other service provider
Implementation Level
national
Government Branch
judiciary
Government Body
court

Complete timeline of this policy change

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2023-11-08
in force

On 8 November 2023, the Turkish Constitutional Court ruled that the decision to block access to the…

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