An Overview of Criminal Provisions Responding to Hate Speech in Turkish Law

There are several reports and cases that demonstrate the clear increase of hate speech in Turkey through media and especially on social media against some national and religious minorities, asylum seekers, refugees, and LGBTQ. This was also reported by the European Commission which pointed out that...

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Main Author: Aydın Devrim
Format: Article
Language:English
Published: Sciendo 2023-12-01
Series:Journal of Legal Studies
Subjects:
Online Access:https://doi.org/10.2478/jles-2023-0015
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author Aydın Devrim
author_facet Aydın Devrim
author_sort Aydın Devrim
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description There are several reports and cases that demonstrate the clear increase of hate speech in Turkey through media and especially on social media against some national and religious minorities, asylum seekers, refugees, and LGBTQ. This was also reported by the European Commission which pointed out that there is no effective prosecution of incitement to hatred, including by the media. In addition hate speech is not clearly regulated, expressions that can be considered hate speech are interpreted sometimes through provisions that regulate the crime of defamation against a person or the crime of defamation against a part of people. Although tidy legislation which defines and regulates hate speech through media, the internet and, social media is not yet available in the Turkish Penal Code. Major provisions that can be associated with hate speech are available in the Turkish Penal Code in a scattered manner. There are also related regulations in the law governing internet broadcasting and the law governing radio and television broadcasting. Expressions that can be considered hate speech are, in some cases interpreted through provisions that regulate the crime of defamation against the person. The most important problem pertains to the fact that hate speech and hate crimes have not been prescribed under a single title in Turkish Law.
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spelling doaj.art-7c5221b5e9194a2db211cdbb5edaeebf2023-11-20T07:17:48ZengSciendoJournal of Legal Studies2457-90172023-12-01324611612410.2478/jles-2023-0015An Overview of Criminal Provisions Responding to Hate Speech in Turkish LawAydın Devrim01Faculty of Political Sciences, Ankara University, Ankara, TürkiyeThere are several reports and cases that demonstrate the clear increase of hate speech in Turkey through media and especially on social media against some national and religious minorities, asylum seekers, refugees, and LGBTQ. This was also reported by the European Commission which pointed out that there is no effective prosecution of incitement to hatred, including by the media. In addition hate speech is not clearly regulated, expressions that can be considered hate speech are interpreted sometimes through provisions that regulate the crime of defamation against a person or the crime of defamation against a part of people. Although tidy legislation which defines and regulates hate speech through media, the internet and, social media is not yet available in the Turkish Penal Code. Major provisions that can be associated with hate speech are available in the Turkish Penal Code in a scattered manner. There are also related regulations in the law governing internet broadcasting and the law governing radio and television broadcasting. Expressions that can be considered hate speech are, in some cases interpreted through provisions that regulate the crime of defamation against the person. The most important problem pertains to the fact that hate speech and hate crimes have not been prescribed under a single title in Turkish Law.https://doi.org/10.2478/jles-2023-0015defamationhate speechmediacriminal lawturkish law
spellingShingle Aydın Devrim
An Overview of Criminal Provisions Responding to Hate Speech in Turkish Law
Journal of Legal Studies
defamation
hate speech
media
criminal law
turkish law
title An Overview of Criminal Provisions Responding to Hate Speech in Turkish Law
title_full An Overview of Criminal Provisions Responding to Hate Speech in Turkish Law
title_fullStr An Overview of Criminal Provisions Responding to Hate Speech in Turkish Law
title_full_unstemmed An Overview of Criminal Provisions Responding to Hate Speech in Turkish Law
title_short An Overview of Criminal Provisions Responding to Hate Speech in Turkish Law
title_sort overview of criminal provisions responding to hate speech in turkish law
topic defamation
hate speech
media
criminal law
turkish law
url https://doi.org/10.2478/jles-2023-0015
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