Offence of defamation in Turkish Penal Code

With the act of insulting, unlawful behavior is carried out against the honor, respectability and dignity, which is one of the most important elements of the spiritual assets of individuals. When we look at the elements of the crime of insult, it is seen that there are two different alternative movements in relation to the material element. Accordingly, the offense of offense may be committed firstly by referring to a concrete act or fact related to the victim. Another electoral movement of insult is the offense of attacking a person's honor, dignity and respect. Whether or not a movement is offensive may vary depending on time, place and situation, and that any serious criticism or disturbing words against individuals should not be considered as insulting offenses. It should be said that the offense can only be deliberately committed in relation to the moral element. In order to be able to speak of an act that would constitute a crime, there must be an element of illegality in addition to the existence of the material and spiritual element. The reasons for compliance with the offense of defamation can be considered as claim and defense immunity, the exercise of the right, the consent of the victim, the fulfillment of the provision of the law, the legitimate defense and the obligation. In this context, the style of interpretation that will be adopted in the offenses of insult against public officials and politicians is very important in terms of showing the level of democracy and tolerance in the country. KEY WORDS: Insult, Defamation, Honor, Freedom of the Press, Criticism