which Article 301 is to be used. 35 Article 301 has been widely applied by the Criminal
Courts of Peace to regulate online activities.
Any proscribed content under Article 301 is immediately removed without first
requesting the content provider to remove it. This was the case against YouTube in
2007 and 2008. The media-sharing site was blocked a number of times, primarily because of content that allegedly offended Kemal Atatu ¨rk or the so-called ‘‘Turkishness.’’
YouTube made an express agreement to take down offensive videos if advised. 36 Despite this agreement, Turkish courts ordered Turkish Telecom to block access to the
entire site rather than requesting YouTube to take action.
In addition to Article 301, two other articles broadly limit free speech in Turkey:
Article 312 of the Penal Law imposes three-year prison sentences for incitement to
commit an offense and incitement to religious or racial hatred, 37 and Article 81 of
the Political Parties Law forbids political parties from using languages other than
Turkish in written material or at public meetings. The latter affects Turkish Kurds in
particular. 38
Defamation
Defamation is sanctioned under the Turkish criminal law as well as under the civil law.
The Penal Code considers defamation an offense against honor. Article 125, entitled
‘‘Defamation,’’ contains the following provisions:
1. Any person who acts with the intention to harm the honor, reputation or dignity of
another person through concrete performance or giving impression of intent, is sentenced to imprisonment from three months to two years or imposed punitive fine.
2. The offender is subject to above stipulated punishment in case of commission of offense in writing or by use of audio or visual means directed to the aggrieved party.
3. In case of commission of offense with defamatory intent:
a) Against a public officer,
b) Due to disclosure, change or attempt to spread religious, social, philosophical belief,
opinion and convictions and to obey the orders and restriction of the one’s religion,
c) By mentioning sacred values in view of the religion with which a person is connected, the minimum limit of punishment may not be less than one year.
4. The punishment is increased by one sixth in case of performance of defamation act
openly; if the offense is committed through press and use of any one of publication
organs, then the punishment is increased up to one third.
By providing that defamation can be committed by use of audio or other visual means,
the second paragraph of Article 125 brings defamatory acts committed on the Internet
within the ambit of criminal law, with the consequence that the persons who commit
this offense may face imprisonment or fines. 39
Turkey
351
Courts of Peace to regulate online activities.
Any proscribed content under Article 301 is immediately removed without first
requesting the content provider to remove it. This was the case against YouTube in
2007 and 2008. The media-sharing site was blocked a number of times, primarily because of content that allegedly offended Kemal Atatu ¨rk or the so-called ‘‘Turkishness.’’
YouTube made an express agreement to take down offensive videos if advised. 36 Despite this agreement, Turkish courts ordered Turkish Telecom to block access to the
entire site rather than requesting YouTube to take action.
In addition to Article 301, two other articles broadly limit free speech in Turkey:
Article 312 of the Penal Law imposes three-year prison sentences for incitement to
commit an offense and incitement to religious or racial hatred, 37 and Article 81 of
the Political Parties Law forbids political parties from using languages other than
Turkish in written material or at public meetings. The latter affects Turkish Kurds in
particular. 38
Defamation
Defamation is sanctioned under the Turkish criminal law as well as under the civil law.
The Penal Code considers defamation an offense against honor. Article 125, entitled
‘‘Defamation,’’ contains the following provisions:
1. Any person who acts with the intention to harm the honor, reputation or dignity of
another person through concrete performance or giving impression of intent, is sentenced to imprisonment from three months to two years or imposed punitive fine.
2. The offender is subject to above stipulated punishment in case of commission of offense in writing or by use of audio or visual means directed to the aggrieved party.
3. In case of commission of offense with defamatory intent:
a) Against a public officer,
b) Due to disclosure, change or attempt to spread religious, social, philosophical belief,
opinion and convictions and to obey the orders and restriction of the one’s religion,
c) By mentioning sacred values in view of the religion with which a person is connected, the minimum limit of punishment may not be less than one year.
4. The punishment is increased by one sixth in case of performance of defamation act
openly; if the offense is committed through press and use of any one of publication
organs, then the punishment is increased up to one third.
By providing that defamation can be committed by use of audio or other visual means,
the second paragraph of Article 125 brings defamatory acts committed on the Internet
within the ambit of criminal law, with the consequence that the persons who commit
this offense may face imprisonment or fines. 39
Turkey
351