Constitutional Court annulled law clause for closure of media organizations

ANKARA - The Constitutional Court decided to annul the article of the law, which stipulates the closure of media organizations and the transfer of assets to the treasury, underlining that it is unconstitutional.
The Constitutional Court decided to annul the article, which stipulates the confiscation of the properties of media organizations "Law of the Amendment and Adoption of the Decree-Law Regarding the Measures Required to be Taken under the State of Emergency and Making Regulations on Certain Institutions and Organizations" unconstitutional.
In the reasoning of the annulment decision of the Constitutional Court, it drew attention to the fact that the law in question was aimed at eliminating the threats or dangers that caused the declaration of the State of Emergency, however, allowed it to be applied in a way that exceeded the state of emergency. In the decision of the Constitutional Court it was underlined: "The examination of the rule should be made in the context of the other provisions of the constitution, especially the article in which the restricted right is regulated, and of course the 13th article, which is of fundamental importance in terms of the limitation and assurance regime of the rights and freedoms in the ordinary period. The law in question imposes restrictions on freedom of expression and press by foreseeing the closure of private radio and television organizations, newspapers and magazines, publishing houses and distribution channels under certain conditions."
In the 13th article of the Constitution, "Fundamental rights and freedoms can be restricted only by law and depending on the reasons specified in the relevant articles of the constitution without interfering with their essence. Recalling that these restrictions cannot be contrary to the word and spirit of the Constitution, the requirements of the democratic social order and the secular republic, and the principle of proportionality, the Constitutional Court said: "Accordingly, the restrictions on the freedom of expression and press must be made by law, and must comply with the reason for restriction stipulated in the Constitution, the requirements of the democratic social order and the principle of proportionality. Article 28 of the Constitution, which provides for the closure of periodicals only by the court decision, saw the closure as a heavy sanction and stated that a court decision was necessary even for temporary closure. The rule ignores the means to achieve the same goal by regulating the direct and permanent closure of these private radio and television organizations, publishing houses and distribution channels, and that would create fewer restrictions on freedom of expression and press. It is indisputable that direct closure constitutes the heaviest intervention in fundamental rights and freedoms among all the means to achieve the same goal. The Constitutional Court decided that the rule was unconstitutional and canceled for the reasons it announced."

View More Articles

10:06 Prisoners on hunger strike for 205 days today
10:03 Peace Delegation member Yıldırır not allowed in Héwler says HDP is in betrayal
20:09 Deniz Poyraz laid to rest on the shoulders of the women
16:48 The Board Chair of hotel the killer frequently goes is Governor of İzmir
14:49 Taxi driver: We took him to the HDP building frequently
13:38 Murderer of Deniz Poyraz arrested
12:36 Poyraz statement from Demirtaş: We know the perpetrator
12:24 New application submitted by Öcalan's attorneys, family and guardian
12:22 Footage of killer Gencer: Wearing gloves in the middle of summer
12:05 Statement from jailed women politicians of HDP
11:53 First conversation between police and Gencer: what's your name bro
11:44 Police erased camera records of HDP building
10:52 Prisoners on hunger strike for 204 days
10:44 Killer of Deniz Poyraz sent to court
10:44 Peace Mothers to the KDP: You are the next target
10:00 Mother and father of Deniz Poyraz: She's the daughter of all of us now
09:24 Mother of murdered Deniz Poyraz: I stand strong, I won't cry!
09:23 HDP İzmir Co-chair Baydur: Police did not respond and stopped me from helping
17:51 HDP Co-Chair Sancar: We had a meeting there, a massacre was planned
15:20 Assailant of İzmir HDP building trained in Syria!
15:04 Çepni: Minister of Interior organized the attack
14:33 Mother of Deniz, murdered in HDP building: My daughter is gone, thousands will be coming
12:56 HDP: It is the government that points our party as a target
12:16 Assailant who stormed the HDP İzmir Provincial Building killed the party member he took hostage
11:56 HDP İzmir Provincial Building set on fire
11:53 Şenyaşar Family: Isn't there one state official with conscience to hear our voice?
11:52 Fire caused by Turkish military operation in Bitlis continues
11:52 Aydeniz: Turkey wants Kurds to fight a war among themselves
10:21 Letters and conversations with visiters to be recorded in prisons
10:05 Kobané Case attorney: One-man regime in effect in court
09:29 180 Peshmerga lays down arms
09:29 Hunger strike action in prisons enters day 203
12:54 Soma miners trial: Families leave Court
11:25 Bitlis governor imposes ban on actions and events until 30 June
11:21 Hunger strike action in prisons enters day 202
16:36 4 HDP politicians released in Kobané Case
15:33 Şenyaşar Family: So many laws, no justice
15:32 Lawyers of Öcalan submit new application for a visit in İmralı
14:44 HDK's new spokespersons: The Kurdish question is the dominant factor
13:55 The grain confiscated in North and East Syria was shared among TMO Urfa Office illegally in Urfa
13:33 Peshmerga Commander: Let's form a front against civil war
10:48 41st group takes over the rotating hunger strike
10:47 'They used to burn villages, now they are setting forests on fire'
10:20 HDP Committee visiting Maxmur: It could have been a massacre!
09:43 Kobané Case: Court Board is following orders
15:05 International Day of the Right to a Fair Trial: Pretence of fair trial must end
14:44 Lawyers of Öcalan submit new application for a visit in İmralı
13:23 Campaign from Peace Delegation in Hewlér
12:59 Kobanî trial: Request for recusal rejected again
12:58 Şenyaşar family demanding justice for 3 years: Perpetrators passing by us everyday