specifying the conditions for restrictions on those freedoms; this clause cannot be understood as delineating the limits of the constitutionally protected sphere of freedom of expression (see Constitutional Court 2006Hun-Ba109 etc., May 28, 2009; Constitutional Court 2012Hun-Ba37, June 27, 2013). For this reason, defamatory factual statements are indeed within the protected sphere of freedom of expression (see Constitutional Court 2013Hun-Ba105 etc., February 25, 2016). In this context, the issue is whether the Provision at Issue infringes freedom of expression in violation of the rule against excessive restriction, because this Provision abridges the freedom of expression by prescribing punishment for defamation of another person through publication of factual statements. Although Complainant L.G. asserts that the Provision at Issue infringes his right to know, freedom of conscience, and bodily freedom, these rights will not be discussed since freedom of expression is most relevant to the Provision at Issue and is curtailed to a great degree. B. Whether Freedom of Expression Is Infringed 1. Legitimacy of the Purpose and Appropriateness of the Means Even if a defamatory statement is recognized as being protected by freedom of expression, if a possibly defamatory fact is alleged publicly, the reputation of the individual defamed, or the social evaluation of the value of him or her, can be injured and his or her right to personality can be violated. Reputation can be understood as a core right safeguarding our existence by ensuring that we are not excluded from forums of social conversation, because the reputation of an individual tends to function, especially in modern society, as a minimum qualification that allows him or her to participate in communication. There is an increased need to impose restrictions on defamatory expression, given that defamatory statements spread rapidly and have a far-reaching effect as the mediums of communication become very diverse nowadays, and given the characteristic nature of reputation to not - 5 -

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