Every interference with press freedom passes first through this article. Article 13 says how a limitation may be made and sets up several separate filters.
The Text of the Article
Article 13 (Amended: 3/10/2001-4709/2) - Fundamental rights and freedoms may be limited only by law and on the grounds stated in the relevant articles of the Constitution, without touching their essence. Those limitations may not be contrary to the letter and spirit of the Constitution, to the requirements of the democratic order of society and of the secular Republic, and to the principle of proportionality.
Five Filters
| No. | Filter | Meaning |
|---|---|---|
| 1 | The essence of the right may not be touched | A limitation may not render the right unusable |
| 2 | Only on the grounds in the relevant article of the Constitution | The list of grounds is closed; no other justification may be invented |
| 3 | Only by law | A limitation may not be made by regulation, circular or administrative decision |
| 4 | May not be contrary to the letter and spirit of the Constitution, to the requirements of the democratic order of society and of the secular Republic | The test of necessity in a democratic society |
| 5 | May not be contrary to the principle of proportionality | The means-end balance |
The Practical Result of the Third Filter: "Only by Law"
An instrument bringing a limitation to press freedom must be a law. A provision of a regulation, a circular or an administrative practice with no basis in statute fails that condition.
The Neighbouring Article: Art. 14 - No Abuse of Rights
Article 14 (Amended: 3/10/2001-4709/3): none of the rights and freedoms in the Constitution may be used in the form of activities aimed at breaching the indivisible integrity of the State with its territory and nation and at abolishing the democratic and secular Republic based on human rights.
The second paragraph establishes the same prohibition against the State as well: none of the provisions of the Constitution may be interpreted in a manner enabling the State or individuals to engage in an activity aimed at the destruction of fundamental rights and freedoms or at their limitation more extensively than stated in the Constitution.
State of Emergency: Art. 15
Article 15: in times of war, mobilisation or a state of emergency, the exercise of fundamental rights and freedoms may be partially or entirely suspended, to the extent required by the situation, provided the obligations arising from international law are not violated.
But the second paragraph leaves a core area. Even in those situations: no one may be compelled to disclose their religion, conscience, thought or opinions, nor be accused on that account; offences and penalties may not be made retroactive; no one may be considered guilty until proven so by a court decision.
The Connection with Press Freedom
Art. 28/4 of the Constitution makes an express reference: in limiting press freedom, the provisions of Arts. 26 and 27 of the Constitution apply. Art. 13, in turn, lays down the procedure and the boundary of those limitations. Read the chain like this:
| Question | Which article answers it? |
|---|---|
| Is there a ground for limitation? | Art. 26/2 (and Art. 27) |
| Is the ground written in the list? | Art. 13 - "only on the grounds stated in the relevant articles" |
| Was it done by law? | Art. 13 |
| Does it touch the essence of the right? | Art. 13 |
| Is it proportionate? | Art. 13 |
| Has it been interpreted broadly? | Art. 14/2 |
We tabulate the full list of grounds for limitation in the grounds guide.
Summary
Art. 13 of the Constitution says that fundamental rights and freedoms may be limited only by law, only on the grounds stated in the relevant articles of the Constitution and without touching their essence. A limitation may also not be contrary to the letter and spirit of the Constitution, to the requirements of the democratic order of society and of the secular Republic, or to the principle of proportionality. Every interference with press freedom must pass through those five filters.