This is the second article applied, together with Art. 26, in limiting press freedom. Short as it is, it has three concrete consequences for a reporter.
The Full Text of the Article
Article 27 - Everyone has the right to learn and teach, express and disseminate science and art freely, and to carry out research of every kind in those fields.
The right of dissemination may not be exercised for the purpose of bringing about a change in the provisions of Arts. 1, 2 and 3 of the Constitution.
The provision of this article does not preclude the regulation by law of the entry into the country and the distribution of foreign publications.
Three Paragraphs, Three Functions
| Para. | Function |
|---|---|
| 1 | Granting a right - learning, teaching, expressing, disseminating and research of every kind |
| 2 | Limiting - the right of dissemination may not be exercised for the purpose of changing the unamendable articles of the Constitution (Arts. 1, 2, 3) |
| 3 | Reserving - the entry into the country and the distribution of foreign publications may be regulated by law |
The First Paragraph for Reporting
Note, though: scientific research and filming by foreigners in Turkey are subject to a separate permission regime. We cover that in the filming and research guide.
The Second Paragraph: The Unamendable Articles
The three articles referred to are the core of the Constitution: Art. 1 the form of the State, Art. 2 the characteristics of the Republic, Art. 3 the integrity of the State, its official language, flag, national anthem and capital. Art. 4 of the Constitution provides that those three articles may not be amended, nor may their amendment be proposed.
The Third Paragraph: Foreign Publications
That paragraph reserves statutory arrangements on the entry into the country and the distribution of foreign publications. We cover the regime of customs facilities for material brought to Turkey by foreign press and broadcasting organisations in the customs guide.
The Connection with Press Freedom
Art. 28/4 of the Constitution: in limiting press freedom the provisions of Arts. 26 and 27 apply. So Arts. 27/2 and 27/3 also draw the boundaries of press freedom:
- The press may not exercise the right of dissemination for the purpose of changing Arts. 1, 2 and 3 of the Constitution.
- The entry into the country and the distribution of foreign publications may be regulated by law.
Another Example of the Science and Art Exception
Law No. 1117 on the Protection of Minors from Harmful Publications recognises a science and art exception in its own field. The two arrangements share the same logic: leaving a wider space to scientific and artistic content.
Summary
Art. 27 of the Constitution recognises the right to learn and teach, express and disseminate science and art freely and to carry out research of every kind in those fields. The right of dissemination may not be exercised for the purpose of bringing about a change in the unamendable articles of the Constitution (Arts. 1, 2, 3). The article does not preclude the regulation by law of the entry into the country and the distribution of foreign publications. Under Art. 28/4 those provisions also apply in limiting press freedom.