MEDIA MONITORING DATABASE
The Constitutional Court Decision – Freedom of Expression and Press of bianet Violated
RELATED PERSON OR INSTITUTION
bianet
CITY
İstanbul
YEAR OF INTERFERENCE
2019
LAST UPDATED
15/11/2019
TYPE OF STATEMENT
Political
MEDIUM
Internet
Internet News Portal
RIGHTS GUARANTEED UNDER THE RIGHT OF FREEDOM OF EXPRESSION
Right to Impart Information and Ideas
TYPE OF INTERFERENCE
Judicial Interference
Criminal Peace Judgeships
Decision to block access
THE LEGAL GROUNDS FOR INTERFERENCE
Law on Regulating Broadcasting (Publication) in the Internet and Fighting Against Crimes Committed by Means of Such Broadcasting
Art. 9

The Constitutional Court has announced its ruling regarding the objection of bianet against an access ban imposed on its news article “İntihal: Aradaki Farkı Bulun” (Plagiarism: Find the Difference) published in 2011. The news was about Ömer Dinçer, the then Minister of National Education. 

After this article was published, Dinçer stated that his personal rights were violated and requested an access block for the news, which was also published in several other websites. On July 8, 2015, the İstanbul 9th Penal Court of Peace ruled for an access block for the article. On July 8, 2015, the İstanbul 9th Penal Court of Peace has ruled for an access block for the article.

In the justified ruling of the Constitutional Court, which is dated March 7, 2019 , it has been indicated that “freedom of expression and freedom of press as per the Articles 26 and 28 of the Constitution” have been violated. Concluding the verdict, the Constitutional Court has ruled that a copy of its verdict shall be sent to the İstanbul 9th Penal Court of Peace for a retrial so that the consequences of the violation in question could be eliminated.