Constitution art.26 + ECHR art.10: Freedom of expression is a fundamental right.
Protected Expressions
- Political speech
- Criticism
- Academic discussion
- Artwork
- Press publication
Borders
- Insult/slander
- Encouragement to violence
- Child abuse content
- State secret
- Obscenity (limited)
ECtHR Approach
- Criticism in the public interest is protected
- Politicians less protection
- Ordinary citizens greater protection
- Even "shocking" speech is protected (limited)
Turkey ECHR Cases
- Insulting the President cases
- Cengiz vs Turkey (Wikipedia)
- Yıldırım vs Turkey (YouTube)
- Turkey generally ruled against
Constitution Court
The Constitutional Court consistently states that freedom of expression is "the basis of a democratic society" and that restrictions must be proportionate.
Human rights lawyer is recommended.