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The legal resmonsibility that results attacking to personal rights by press

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2007
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Abstract (EN)

Protection of individual rights has gained great importance recently. Developments in technology, whereupon invention of deluxe bugging and surveillance devices has considerably increased interference into individuals? lives. Besides, the late private radio and television channels offering national broadcast as well as newspapers reaching millions of circulation have had an effect in increase of the intrusion of individual rights. In violation of individual rights by means of press, freedom of press ensured by the Constitution is in conflict with individual rights ensured again by the Constitution. We have tried to analyze these conflicting values independently in our study. We limited our study only with violations by print media while we preferred to exclude violations made by mass communication devices. In the first chapter of our Graduate Thesis Study named ?Legal Liability Sourcing From Violation of Individual Rights By Pres?, subjects of individuality concept, start and end border of the individuality, understanding of individual rights, feautures of individual rights, subject of individual rights and protection of individual rights have been studied. The second chapter of our study includes press, press release, freedom and duties of the press, inspects the aggressions by press and main agression types in details. Finally the third chapter studies protection ways in case of a violation of individual rights by press and scrutinizes the court cases against general damages and parties of such violation. Our research has revealed that in case of a violation of individual rights by press in our country, the general damages sentenced are rather low. We can say that the most effective factor is that general mental injury damages can not be a way of enrichment and it should not render being exposed to a violation almost a beneficial matter. In Europe countries and especially in America, astronomical amounts can be sentenced at the end of cases for general damages. On the other hand, we should not elude that. Newspapers in our country, attempt to increase their circulation through sensational news by acting in contravention of individual rights and, should the occassion arise, by venturing to pay a compensation. Since newspapers earn more with their false, distorted news or the news they use just to create a sensation. In other words, low compensation amounts, have practically started to encourage sensational news. Furthermore, the court cases brought before the court which are protracted for along time, increases the grievance of people individual rights of whom have been violated. To be able to protect individual rights more effectively, interpretations claiming that general damages can not be a way of enrichment and should not encourage the disaster as a beneficial matter, should be departed and compensation amounts should be kept at a high level. In addition, procrastination of cases for a long time must be regulated through enforcement of new acts and further injury of individuals should be avoided. Furthermore, some arrangements should be made with the aim of activating the rights of correction and reply stipulated for periodicals in accordance with the Press Bill.

Author

Doğan Bülent Belli

How to Cite

Doğan Bülent Belli (Master Thesis). The legal resmonsibility that results attacking to personal rights by press, 2007, Gazi University.

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