Master'sOpen Access

The right not to be labelled as criminal in mass media law and example from Turkey

2023
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Advisor: Doç. Dr. Sibel Akova Havalı

Abstract (EN)

The concepts of honor and reputation are among the most valuable, important and fundamental concepts for human beings, who are social beings. Each individual wants to protect and maintain the attributes of honour, pride, dignity and prestige, which are a necessity of being human, within the society in which they exist. When evaluated in this context, the presumption of innocence, which is classified among the fundamental rights and freedoms of individuals, and the right not to be labelled as criminal, which is an extension of it, are legally guaranteed and protected within the legal processes. Traditional media such as radio, television and newspapers, which progress in direct proportion to the existence of developing technology, transportation, communication and infrastructure facilities, and mass media, which are considered new media such as the internet, sometimes go beyond the purpose of making news through press organs and interfere with people's right not to be labelled as criminal and usurps.Many news and information sharing, ignoring the presumption of innocence, sometimes create wide repercussions in the society and cause people whose guilt has not been proven to be declared guilty in the eyes of the society. Naturally, this situation overshadows and damages the person's reputation and honor. It is at this point that state power comes into play and makes it possible to carry out legal sanctions and studies in order to protect the relevant rights that the person has and are considered as personal rights. Because freedom of expression and one of its natural consequences, freedom of the press, do not give the right to harm a person's dignity, but reveal the fact that freedom of the press is subject to some limitations. In the study, the conceptual framework of the presumption of innocence, the right not to be labelled as criminal and the right to be forgotten is examined, the current position of the right not to be labelled as criminal in Turkey is investigated, examples of violations of the relevant rights are examined and presented in terms of their positioning. In the process of conducting the research, the literature review method was chosen and the study was carried out. Key Words: Presumption of Innocence, Right Not To Be Labelled As Criminal, Right To Be Forgotten, Freedom of the Press, Personal Data.

Author

Dr. Oktay Özdemir

How to Cite

Oktay Özdemir (Master Thesis). The right not to be labelled as criminal in mass media law and example from Turkey, 2023, Yalova University.

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