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
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