Recent Development
The Constitutional Court ("Court")
issued its decision no. 2017/35947
("Application") regarding the sanctions
and measures taken against the freedom of expression and
dissemination of thought and freedom of the press of an applicant,
the owner of a website ("Applicant").
The decision was published in the Official Gazette on November 4,
2020.
Background
The Applicant owns a website that publishes the agendas of labor
movements and includes news, articles and translated documents
about this topic. The website was first subjected to a ban on July
25, 2015 due to its activities. The ban was based on Article 8/A of
the Law No. 5651 on the Regulation of Publications on the Internet
and Prevention of Crimes Committed Through Such Publications
("Law"). Because of the website's
activities, it was considered urgent to block the website in order
to ensure the "protection of individuals' right to life
and property, national security and protection of