A critical evaluation of the legal regulations referred to as the 'disinformation law' in public discourse

In recent years, the growing influence of digital media has significantly increased the prevalence of information pollution, disinformation, and fake news, which have emerged as key threats to public order and democratic processes. In response, Turkey enacted Law No. 7418 in 2022—publicly referred to as the "disinformation law"—amending the Press Law and several other legal codes. This legal regulation aims to establish a new balance between freedom of expression and the protection of public order. However, due to its ambiguous terminology, broad interpretative scope, and potential for misuse, the law has sparked considerable legal and societal criticism. This thesis critically examines the legal and normative foundations of the so-called disinformation law within the frameworks of constitutional law, human rights law, and criminal law. It evaluates the law's implications for freedom of expression, press freedom, and digital communication rights. Through a comparative legal analysis, the study also reviews similar legislation in other countries to identify best practices and potential pitfalls. The central question addressed is how to balance the legitimate aim of combating disinformation with the need to safeguard fundamental rights and democratic standards. The study finds that while the intention to curb disinformation is legally and socially justified, the legislative approach must be more transparent, predictable, and subject to effective oversight. It emphasizes the necessity of aligning such regulations with the principles of proportionality and necessity, particularly when they restrict fundamental freedoms. Ultimately, the research highlights the importance of formulating legal frameworks that are both effective in addressing digital harms and respectful of individual liberties in democratic societies.