RIGHT OF THE PRESS TO INFORM
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 petition, complaint 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 offence of defamation will be in question.
Expression of thought and criticism.
Article 26 of the Constitution entitled. “Freedom of expression and dissemination of thought” reads as follows: “Everyone has the right to express and disseminate. His thoughts and opinions individually or collectively by speech, writing. Pictures or other means. This freedom includes the freedom to receive or impart information. Or ideas without interference by official authorities. The provision of this paragraph does not prevent. Broadcasting by radio, television, cinema or similar means from being subject to a permit system.
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 offenders. 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 criticised person. As long as the words or sentences in question remain within the scope of criticism. It will not be mentioned that the offence of insult has occurred.
IMMUNITY OF CLAIM AND DEFENCE
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. By using legitimate means and procedures, and to a fair trial. In order to enjoy the immunity of claim and defence. The allegations and assessments must be based on real and concrete facts and must be related to the dispute.
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