A Review on Freedom of Thought-Expression and Internet Regulation under the Law No. 5651

Abstract

The aim of this study is to evaluate the denial of access on the Internet in terms of legal regulations that determine the boundaries of freedom of thought and expression in Turkey. For this purpose, legal regulations in Turkey especially the "the Law No. 5651 pertaining to the regulation of publications posted on the Internet and fighting against crimes that are committed through these publications" were examined and the relationship between denial of access and censorship were evaluated based on the literature. In consequence of the study, it is brought to attention that the legal regulations and practices about the denial of access in Turkey causing the establishment of perception of censorship conform to a paternalistic approach rather than the policies established by the United Nations, the European Union and Council of Europe and guiding principles. In this scope, various necessary measures concerning the issue were recommended.