The shortest and strongest article of the Law. In two paragraphs it determines both the content of the right and its limit.
The First Paragraph: Five Rights
The press is free. That freedom includes the rights to obtain information, to disseminate, to criticise, to comment and to create works.
| Right | Its content |
|---|---|
| Obtaining information | Reaching news and documents |
| Disseminating | Presenting what is obtained to the public |
| Criticising | Assessment and criticism |
| Commenting | Drawing meaning from a fact |
| Creating works | Producing original content |
The Second Paragraph: The Grounds of Limitation
The exercise of press freedom may be limited only in conformity with the requirements of a democratic society, for the purposes of protecting the reputation and rights of others, the health and morals of society, national security, public order, public safety and territorial integrity, preventing the disclosure of State secrets or the commission of offences, and securing the authority and impartiality of the judicial power.
The Grounds of Limitation
- Protecting the reputation and rights of others
- Protecting the health of society
- Protecting the morals of society
- Protecting national security
- Protecting public order
- Protecting public safety
- Protecting territorial integrity
- Preventing the disclosure of State secrets or the commission of offences
- Securing the authority and impartiality of the judicial power
Together with Art. 13 of the Constitution
Art. 13 of the Constitution: 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; limitations may not be contrary to the requirements of the democratic order of society and to the principle of proportionality.
A Comparison with Art. 26/2 of the Constitution
| Ground | Constitution Art. 26/2 | Law No. 5187 Art. 3/2 |
|---|---|---|
| National security | Yes | Yes |
| Public order | Yes | Yes |
| Public safety | Yes | Yes |
| Territorial / national integrity | Yes - "the indivisible integrity of the State with its territory and nation" | Yes - "territorial integrity" |
| State secret | Yes - "duly classified" | Yes |
| Preventing offences | Yes | Yes |
| Reputation and rights | Yes | Yes |
| The health and morals of society | Not separately listed | Yes |
| The authority and impartiality of the judicial power | Yes - "the proper fulfilment of the judicial task" | Yes |
Its Concrete Counterparts in the Law
The abstract grounds in Art. 3 take concrete form in the penal articles of the Law: Art. 19 (not fulfilling the delivery obligation), Art. 20 (sexual assault, murder and incitement to suicide), Art. 21 (non-disclosure of identity), Art. 22 (obstructing, destroying and damaging a printed work) and Art. 25 (seizure, confiscation and prohibition of distribution).
We cover the whole table of sanctions in the sanctions table guide.
Summary
Art. 3 of Law No. 5187 recognises press freedom and lists its content as the rights to obtain information, to disseminate, to criticise, to comment and to create works. Limitation is possible only in conformity with the requirements of a democratic society and on the grounds listed in the article. That criterion accords with the principles of the democratic order of society and of proportionality in Art. 13 of the Constitution.