The grounds for limiting press freedom are in this article. Art. 28/4 of the Constitution says that in limiting press freedom the provisions of Arts. 26 and 27 apply. That makes this the most practical provision of the Constitution for a reporter.
The First Paragraph: The Scope of the Right
Everyone has the right to express and disseminate their thoughts and opinions by speech, writing, pictures or other means, individually or collectively. That freedom also includes the liberty to receive or impart news or ideas without interference by official authorities.
The last sentence of the same paragraph opens an exception: this provision does not preclude making transmissions by radio, television, cinema or similar means subject to a system of permission.
The Second Paragraph: The Grounds of Limitation
The exercise of these freedoms may be limited for the following purposes:
- National security (Added: 4709/9)
- Public order (Added: 4709/9)
- Public safety (Added: 4709/9)
- The basic characteristics of the Republic (Added: 4709/9)
- Safeguarding the indivisible integrity of the State with its territory and nation (Added: 4709/9)
- Preventing offences
- Punishing offenders
- Withholding information duly classified as a state secret
- Protecting the reputation or rights and the private and family life of others
- Protecting professional secrets as prescribed by law
- Ensuring the proper functioning of the judicial task
The first five grounds were added to the paragraph later, by Art. 9 of Law No. 4709 of 3/10/2001.
The Other Paragraphs
| Para. | Provision |
|---|---|
| 3 | Repealed - 3/10/2001-4709/9 |
| 4 | Regulatory provisions on the use of the means of disseminating news and ideas are not deemed a limitation of the freedom of expression and dissemination, provided they do not impede their transmission |
| 5 | (Added paragraph: 3/10/2001-4709/9) The forms, conditions and procedures to be applied in the exercise of the freedom of expression and dissemination are regulated by law |
Reading It Together with Art. 13
Art. 26/2 lists the grounds; Art. 13 says how those grounds may be used: only by law, without touching the essence of the right, and in conformity with the requirements of the democratic order of society and the principle of proportionality. We cover the detail in the Art. 13 guide.
The Connection with Press Freedom
Art. 28/4 of the Constitution: in limiting press freedom, the provisions of Arts. 26 and 27 of the Constitution apply. So press freedom has no separate list of limitations of its own; the reference is to Arts. 26 and 27.
We have gathered the full list in the grounds guide.
Summary
Art. 26 of the Constitution recognises the right to express and disseminate thought by speech, writing, pictures or other means, and says that the right also includes the liberty to receive or impart news or ideas without interference by official authorities. The second paragraph lists eleven grounds of limitation. Making radio, television and cinema transmissions subject to a system of permission is not contrary to this article.