THE RIGHT OF THE PRESS TO REPORT NEWS
For news items published in the press to be considered within the scope of the right to report news, they must be accurate and up-to-date, be of public interest and benefit, and the expressions used in the news must be relevant to the event. The factual value of the news should be assessed according to the conditions prevailing at the time the news was reported.
USE OF THE RIGHT TO PETITION, REPORT, AND COMPLAIN
Citizens and, subject to the principle of reciprocity, foreigners residing in Turkey have the right to submit written petitions and complaints concerning themselves or the public to the competent authorities and the Grand National Assembly of Turkey. The allegations and assessments contained in the text of the complaint or notification must be based on real and concrete facts and must be related to the dispute, otherwise it will constitute the crime of slander.
EXPRESSION OF OPINION AND CRITICISM
Article 26 of the Constitution, titled “Freedom of Expression and Dissemination of Thought,” states: “Everyone has the right to express and disseminate their thoughts and opinions individually or collectively through speech, writing, pictures, or other means. This freedom includes the freedom to receive or impart news or ideas without interference from official authorities. This provision shall not prevent the publication of radio, television, cinema, or similar media from being subject to a licensing system.
The exercise of these freedoms may be restricted in the interests of national security, public order, public safety, the fundamental characteristics of the Republic, the protection of the indivisible unity of the State and its territory and people, the prevention of crime, the punishment of offenders, the non-disclosure of information duly designated as a State secret, the protection of the reputation or rights of others, their private and family life, or professional secrets as provided by law, or the proper performance of judicial duties. Therefore, as long as the words spoken fall within the scope of the relevant article, they are considered defamatory.
Criticism does not have to take the form of praise or admiration, so it is normal for it to contain harsh and provocative expressions; however, this does not give the right to attack the personality rights of the person being criticized. As long as the words or sentences in question remain within the scope of criticism, it will not be considered a crime of insult.
IMMUNITY OF CLAIM AND DEFENSE
According to Article 36/f.1 of the Constitution, everyone has the right to a fair trial before the courts as a plaintiff or defendant, using legitimate means and methods. For immunity of claim and defense to apply, the allegations and assessments must be based on real and concrete facts and must be related to the dispute.