The limitation of freedom of press and publication in the context of freedom of expression

The freedom of expression (freedom of expression and dissemination of thought), which constitutes the foundation and the essential requirement of the freedom of press and publication (in other words, it is the `sine qua non? of the freedom of press and publication), is a fundemental right and freedom that is regulated, protected, in other words guaranteed by international conventions and constitutions being foremost, with laws in democratic societies. In today?s world, where the importance of fundemental rights and freedoms is more and more noticeable with each passing day, the countries which are governed by democracy, along with this awareness, take various preventive measures for the recognition of rights and freedoms and ensuring their usage in their legislations. The press and publication to be free depend on these rights and freedoms to be provided and also that they are applicable. In fact, in environments that not ensure free thinking, neither science nor social or cultural lives? development can be mentioned. For this reason, it is extremely important and necessary for countries to take every precaution to ensure the usage of these rights and freedoms which are attributed to that much importance. Freedom of expression that is protected under international agreements and constitutions, and the freedom of press and publication are observed limited for some public considerations ( such as protection of public order, public safety, public morals, private life, family life and reputation,and rights of others and so on?) and also for various ideological, social, political and so on? reasons. Pressure type limitations, which are completely distant from the legitimate limiting reasons that exist in laws, have destructive effect on rights and freedoms. I cannot be accepted in countries governed with democracy. From this determination forth, in this thesis study, both the legitimate limitation reasons which are foreseen in international conventions and constitutions, and pressure type indirect limitations are discussed in detail. On the other hand, in the 21st century, where the active role of media can not be denied in the powers? hierarchy, the misuse of this power by using for various purposes, caused the importance and necessity of an ethical posture in press and publication (in media) reach the point that cannot be overlooked. Because, both the kind of attitude of media that is distant from public publishing and the sense of responsibility, and also excessive limitations that destroy rights and freedoms, are the biggest obstacles to the freedom of press and publication. Here, while on the basis of these findings, the foundation and the limitations of the freedom of expression and the freedom of press and publication are being examined in a comprehensive manner, ?free but responsible press and publication? motto is being questioned about being fulfilled or not within the framework of the existing publishing approach in-depth debate. Key Words 1. Freedom of expression 2. Freedom of press and publication 3. Limitations 4. Ethical and responsible publishing 5. "Free but responsible press and publication" motto