Restriction of freedom of expression

This study examines the terms and conditions under which freedom of expression can be limited in ordinary and state of emergency periods. National and international written texts on freedom of expression, which is a fundamental right and freedom, have been examined in detail. In this context, the relevant decisions of the European Court of Human Rights and the Constitutional Court, as well as the literature review, have been analysed and the conditions under which the freedom of expression can be restricted have been studied. As a result, the criteria of legality, legitimate purpose and being necessary in a democratic society are discussed under separate headings, taking into account the reasons for limitation of the freedom of expression, which is not an absolute right, written in the Constitution or international texts. On the other hand, since the restrictions to be made are subject to different criteria in ordinary and state of emergency periods due to the Constitution, both periods are analyzed in two separate sections as ordinary and extraordinary. By emphasizing the principles and procedural conditions specific to the ordinary and state of emergency periods, the problems encountered in practice are tried to be explained with court decisions.