06 Sep GENERAL ASSEMBLY DECISION ON THE LIMITS OF PRESS FREEDOM
T.C.
SUPREME COURT
Criminal General Assembly
Base No: 1997/4-386
Decision No: 1998/52
Decision Date: 24.02.1998
CRIME OF DEFAMATION THROUGH THE PRESS – GENERAL CASTE FOR THE OCCURRENCE OF CRIME
HONOR OF THE PERSON WHO IS NOT SUFFICIENT AND IS TARGETED
IT IS NECESSARY TO BE INSULTED FOR THE PURPOSE OF VIOLATION OR INCITEMENT
– TO DO NOT OVERCOME THE LIMITS OF THE RIGHT OF THE PRESS TO REPORT AND CRITICIZE
Summary: 10.5.1994, 13.9.1994 and 20.9.1994 of the newspaper in which the defendants are the owner and director of editorial Affairs
in the articles they published in their dated issues., humiliating the complainant and thus insulting
cases filed for alleged crimes have been consolidated by the Local Court and the limit of criticism
it was accepted that he was not hanged, that the elements of the crime were not formed, and the acquittals of the defendants were decided.
After the appeal of the participant, the special apartment criticizes articles in daily newspapers 10.5.1994 and 13.9.1994 and
no matter that the limit of reporting was hung, the participant was humiliated in the environment, treated with a general caste
because of the decision of acquittal on the basis of the opinion of the expert who is looking for a special caste” in the crime of blasphemy
he broke the sentence.
(765 P. K. m. 480, 482)
Case: the acquittals of Omar Mustafa and Enver, defendants for defamation through the press
(Bulancak Criminal Court of First Instance)participating in Provision No. 209-100 on 11.7.1995 days given by nce
the fourth Criminal Division of the Supreme Court examining the file on appeal by 4.6.1996 days 3930/5080
by number;
“Accused Enver is the director of writing.. In the issue of the newspaper dated 13.9.1994, the other accused
Written and published by Omar Mustafa, “what does the prefect want to do?“in the headline article ” I wonder
he’s the prefect.. if he does all the work with such different fake documents, he puts the upper authority to sleep
woe to us if he tries to deceive”, in the issue dated 10.5.1994; written by Enver
“a school without teachers has opened, prefect O.. he thinks he’s the director of National Education””
“And we looked at the governor who had previously changed the documents in the formation of the board of Directors of the teacher’s House
he’s the prefect who put the genius to sleep… he came out in front of us”, giving place to the words, participating in those who read
criticism and news that made the action legal by giving the impression that the prefect edited a fake document
it is generally intentional, without regard to the fact that the limit of giving was hung and the person named was humiliated in the environment
establishment of an acquittal provision by giving weight to the opinion of an expert who is looking for a special caste in the crime of blasphemy”
he broke it with no hits,
Local Court, 17.12.1996 day by issue 337-146;
“The general caste is not sufficient for the occurrence of the crime, and the seref and dignity of the targeted person is violated or
he must be insulted in order to provoke. Information and notice, as well as criticism, insults, insults
it is determined by looking at whether or not it is. That the defendants did not intend to be humiliated, that the elements of the crime
it is believed that it did not occur. Articles are intended to inform and inform the public.”
he resisted the previous provision on the grounds.
Since this provision is also requested by the court of Cassation for review, the file is filed by the Court of Cassation C.
25.12.1997 day notification of the attorney general’s request for “violation ” sent to the first president,
Sentencing was read by the General Assembly, the need was discussed and considered:
Verdict: in the articles published by the defendants in the issues of 10.5.1994, 13.9.1994 and 20.9.1994 of the newspaper in which they are the owner and director of writing., humiliating the complainant and thus insulting
cases filed for alleged crimes have been consolidated by the Local Court and the limit of criticism
it was accepted that he was not hanged, that the elements of the crime were not formed, and the acquittals of the defendants were decided.
After the appeal of the participant, the special apartment criticizes articles in daily newspapers 10.5.1994 and 13.9.1994 and
no matter that the limit of reporting was hung, the participant was humiliated in the environment, treated with a general caste
because of the decision of acquittal on the basis of the opinion of the expert who is looking for a special caste” in the crime of blasphemy
he broke the sentence.
20.9.1994 in the daily newspaper ” let’s not Aglatmay our future” in relation to the article with the title Special
A review by the department has not been made and a decision to overturn it has not been made and to resist by the Local Court on this issue
since the decision cannot be made, the review is dated 10.5.1994 and 13.9.1994
it was decided that it should be done limited to articles in newspapers. Also ruining a private apartment
10.5.1994 and 13.9.1994 in the decision of daily newspapers to write wrong material error
accepted as, 10.5.1994 daily copy due only to the owner of the newspaper and director of editorial Affairs
OAN d.M. a lawsuit was filed against the defendant, Enver, because he did not have this number of officers
stating that he is responsible for both defendants in the decision to overturn, without regard to the fact that there is no case,
CMUY150 and 257. courts, in accordance with the articles, to the crimes and persons declared in the indictment
because it is connected, the decision made by the court was not considered effective in the outcome.
Problem to be solved, 10.5.1994 and 13.9.1994 daily newspapers, press reporting and
apart from the general caste for whether it has exceeded the limits of the right to criticize and for the November crimes of insulting and insulting
it also depends on whether a special caste should be sought.
Compliance with the law in crimes committed through the press, the basis of the Constitution 28 and continuation
it is the consent of magdurun with the right to inform and criticize those who receive their articles. Criticism of reporting
for the acceptance of the right, the news that is the subject of explanation or criticism is real and up-to-date,
finding public interest and decency in disclosure, a mental link between disclosure and subject matter
must be present. About those named in the news or article, diminutive words should not be used. This
in the absence of even one of the elements, the right to inform and criticize cannot be mentioned,
the action would be unlawful.
“On the other hand, the rights to inform, criticize and defend the exercise of a right are only
it may be for the crime of defamation; without attributing a verb to someone, his seref and
no one who says or writes a word that tarnishes his reputation can claim that he has exercised his right.
Because no one has that right. Even by attributing a specific substance to the perpetrator
if he commits the crime of insults as well as insults, and there is a reason for compliance with the law in the case, this reason
although it prevents insults from being a crime, it does not prejudice the existence of insults and the perpetrator is responsible for insults
it is necessary to be punished” (Prof. Sahir Erman, insults and curses, sh. 130).
In judicial decisions and teaching, no special caste is sought in the crimes of insults and insults November,
General November is considered sufficient. TCY.in 480 and 482. the articles did not mention motive,
the purpose of the accused was not given importance. The words said and the writings written are of an insulting nature
it is enough to know that it is, and to deliberately say or write it. In these crimes, the crime is spiritual
its element is the general caste.
In the case, the owner, the director of writing and the author, the accused d.M. 10.5.1994 daily copy of the newspaper
“What does the prefect want to do? B…The Prefect is trying to change the documents going to O … ” in the headline article,
“District teacher’s house management and supervisory boards were not established, documents were filled, skateboarding
after” stating ” that he was in a meaningless attitude earlier … the day does not pass
another has been added to the scandal. Proposed by the director of National Education of the district and proposed by the governor
the members chosen from among the names are the prefect (Dec.O) the name of the two members by the method of changing the document
he’s changing. Prefect O…, rewriting the article from the District Director of National Education, District
He uses the name of the director of National Education, changes the names, cancels the previous approval of the governor
he adds, the county and the Provincial Director of National Education sign it to the governor with his own signature without his signature. Governor
he puts his own bureaucrats to sleep and increases the signature. In the bureaucracy, all the articles change like this, everyone
if he can write without wearing any office on his own, then no other authorities..
He’s The Prefect.. if he does all the work on such different fake documents, he will trick the upper authority by putting it to sleep
if it’s working, woe to us..”it was said.
Late creation of Educational Management and supervisory boards, proposed by the director of National Education
although there is public interest and interest in making news about the change of names by the prefect
even, maintaining the intellectual connection between the way the news is delivered and the subject and their behavior in the news Dec.
diminutive judgments about the participating prefect, which have been criticized, should be avoided. Whereas
the article described the actions of the prefect involved as “scandalous”. An article as a circle supervisor
it is the natural right of the signatory prefect to change the names on the list. This process, a forged document
transfer as if edited and disclosure that it was done “by changing the document”, the participant
saying that he “tried to trick the governor by putting him to sleep” is humiliating, personal value to the participant
the judiciary are.
13.9.1994 day issue made by accused Enver, accused Omar Mustafa
he wrote “ ” a school without teachers has been opened, Prefect O.. He thinks he’s the director of National Education” ”
in the article, the reasons why a school remains without a teacher, even though student registration has been made and schools have been opened
after it was stated that it had been investigated “” We Asked, We investigated, we looked at that before the management of the teacher’s House
he’s the prefect who changed the documents in the formation of the council and put the governor to sleep…”
it is being tried and the savings of the prefect participating in the continuation are being criticised. Attendee,
while the savings related to changing the positions of teachers in the district were reported and criticized,
repeating the words in the previous article, since the participant changed the documents and put the governor to sleep
abuse of the right to mention, notice and criticism, and defendants compliance with the law
they can’t take advantage of themselves.
Criticism and reporting limits in both articles related to the crime hang and the impression that the participant edited the fake document
he was humiliated in the environment by waking up, not looking for a special caste for the occurrence of the crime, and writing
a general caste consisting of knowing that it is of an insulting nature and asking to be November is sufficient
it is against the law to resist the previous provision without regard to it.
In this respect, the Local Court must decide to overturn the resistance provision.
Conclusion: for reasons described, Local Court resistance (deterioration), 24.2.1998 day
it was decided by unanimous decision in accordance with the opinion in the communique.
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