Blocking access to internet content for the prevention of crimes and freedom of expression

In this study, within the scope of Articles 8 and 8/A of the Law No. 5651 on the Regulation of Publications on the Internet and Combating Crimes Committed through These Publications (Law No. 5651), the measure of blocking access to internet content in order to combat criminal content on the internet and the relationship of this measure with freedom of expression are discussed in the context of the freedom-security balance. In the fight against offences committed online, in parallel with technological developments and the increase in the number of internet content, the frequency of application of this measure is increasing, which may sometimes result in the violation of freedom of expression, which is a fundamental right. For this reason, the first part of the study is devoted to the freedom of expression, and in this context, the theories that reveal the reasons for the existence of freedom, its forms of appearance, the legal foundations of its recognition as a right and sample case law are included. In the second part, general information on the measure of blocking access is firstly given in the context of comparative law, and then the provisions of Law No. 5651 on the subject are analysed with a focus on Articles 8 and 8/A. In the last part, the judgements of the European Court of Human Rights and the Constitutional Court regarding the violation of the freedom of expression due to the blocking of internet content for the purpose of preventing the commission of a crime, and the criticisms and suggestions regarding the articles of Law No. 5651 subject to the study are included.