The exercise of these freedoms may be restricted for the purposes of national security,
public order, public security, protecting the basic characteristics of the Republic and the
indivisible integrity of the State with its territory and nation, preventing offending, punishing
offenders, not revealing information duly classified as a State secret, protecting the reputation
or rights and private and family lives of others or protecting professional secrets set forth in
the law or duly performing the duty of hearing cases.
Regulatory provisions concerning the use of means to disseminate information and
thoughts shall not be deemed as the restriction of freedom of expression and dissemination of
thoughts on the condition that the transmission of information and thoughts is not prevented.
Forms, conditions and procedures to be applied in exercising the freedom of expression
and dissemination of thought are regulated by law.”
33. As per the said regulations, the freedom of expression covers not only the
freedom to “have a thought and conviction” but also the existing freedom to “express and
disseminate thought and conviction (opinion)” and the associated freedom to “receive and
give information or opinion”. In this framework, freedom of expression means that
individuals can freely access news and information and other’s thoughts, that they cannot be
condemned for the thoughts and convictions they have and that they can freely express, tell,
defend, convey and disseminate to others these through various methods by themselves or
together with others (B. No: 2013/2602, 23/1/2014, § 40).
34. Freedom of expression is one of the foundations of a democratic society and it is
among the indispensable conditions for the development of the society and the selfdevelopment and self-realization of the individual. The light of truth springs forth from
collision of ideas. In this context, establishing social and political pluralism is dependent on
expression of all kinds of thoughts in a peaceful fashion and freely. In the same manner, an
individual can realize his/her unique personality in an environment where he/she can freely
express his/her thoughts and engage in discussion. Freedom of expression is a value that we
need in defining, understanding and perceiving ourselves and others and, in this framework,
in determining our relations with others (B. No: 2013/2602, 23/1/2014, § 41).
35. As stated frequently in the judgment of the ECHR, in order for the freedom of
expression to fulfil its social and individual function, not only the “information” and “thoughts”
which are considered to be positive, accurate or not harmful by the society and the state but also the
information and thoughts which are considered to be negative or inaccurate by the state or a
segment of the society and are disturbing for them should be freely expressed and the individuals
should be sure that they will not be subject to any sanctions due to these expressions. Freedom of
expression is the basis of pluralism, tolerance and open-mindedness and without this freedom, it is
not possible to speak of “a democratic society” (Handyside / United Kingdom, App. No: 5493/72,
7/12/1976, § 49).
36. The Constitution guarantees not only the thoughts and convictions but also the
styles, forms and tools of expression. In article 26 of the Constitution, the tools to be used in the
exercise of the freedom of expression and dissemination of thought are stated to be “speech,
writing, pictures or other media” and with the expression “other media”, it is indicated that all kinds
of tools of expression are under constitutional protection (App. No: 2013/2602, 23/1/2014, § 43).
37. In this context, the freedom of expression is directly related to a significant
portion of other rights and freedoms guaranteed by the Constitution. The freedom of the press
which guarantees the dissemination of ideas, thoughts and information by means of visual and
printed media tools is also one of the tools to be used in the exercise of the freedom of
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