Reasons Of Lawfulness In The Crime Of Defamation
RIGHT OF THE PRESS TO REPORT NEWS
In order for the news in the press to be evaluated within the scope of the right to inform, the news must be accurate and up-to-date, there must be public interest and benefit, and the expressions used in the news must be related to the event. The truth value of the news should be evaluated according to the conditions at the time the news was given.
exercising the right to file a petition and complaint
Citizens and foreigners residing in Turkey on the basis of reciprocity have the right to apply in writing to the competent authorities and the Grand National Assembly of Turkey about their wishes and complaints concerning themselves or the public. The allegations and evaluations in the text of the complaint or denunciation in question must be based on real and concrete facts and must be related to the dispute, otherwise the crime of defamation will be in question.
expression of thought and criticism
Article 26 of the Constitution titled “Freedom to express and disseminate opinions” states that “Everyone has the right to express and disseminate his/her thoughts and opinions individually or collectively through speech, writing, pictures or other means. This freedom shall include the freedom to receive or impart information or ideas without interference by public authorities. The provision of this paragraph does not preclude the granting of permission for broadcasting by radio, television, cinema or similar means
The exercise of these freedoms may be restricted for the purposes of national security, public order, public safety, the protection of the fundamental characteristics of the Republic and the indivisible integrity of the State with its territory and nation, the prevention of crimes, the punishment of criminals, the non-disclosure of information duly designated as a State secret, the protection of the reputation or rights, private and family life or professional secrets prescribed by law, or the proper performance of judicial duty. “ is regulated as follows. Therefore, as long as the words spoken remain within the scope of the relevant article, they are considered within the scope of defamation.
Since criticism does not have to be in the form of praise and admiration, it is usual for it to contain harsh and provocative expressions; however, this does not give the right to attack the personal rights of the criticized person. As long as the words or sentences in question remain within the scope of criticism, it will not be mentioned that the crime of insult has occurred.
IMMUNITY OF CLAIM AND DEFENSE
According to Article 36/f.1 of the Constitution, everyone has the right to claim and defend himself/herself as a plaintiff or defendant before the judicial authorities and to a fair trial by the use of legitimate means and procedures. In order to enjoy the immunity of claim and defense, the allegations and assessments must be based on real and concrete facts and must be relevant to the dispute.
