FREEDOM OF THE PRESS AND ITS LIMIT

FREEDOM OF THE PRESS AND ITS LIMIT

Press; It is called the “Fourth Power” besides the legislative, executive and judiciary. The main task of the press is to be a public power controlling the state. Thus, the bad practices of the state power can be revealed. The press, which maintains its independence, will both be effective in the formation of public opinion by interpreting and evaluating news, thoughts and information, and will protect freedoms by constantly monitoring and criticizing the political power.

It is noteworthy that the Constitutional Court emphasized the importance of freedom of the press for democracy. According to the court; “The freedom of the press ensures the transmission and circulation of thought, enabling the individual and society to be informed.

It is one of the requirements of a pluralistic democratic order to express ideas, including those most of whom are dissidents, by all means, to provide stakeholders to the expressed thought, and to persuade the relevant people to realize the idea.” In this respect, freedom of expression and dissemination and freedom of the press are vital for the functioning of democracy. is important.

The freedom of the press to fulfill its duties is directly proportional to the realization of the concept of “public interest”. Any obstacle to this freedom will also hinder the realization of the public interest.

Democracy means rule of law. In a democratic system, using the powers of those who hold public power within legal limits is an indispensable condition of democracy. Press and public scrutiny plays an effective role and is as important as administrative and judicial scrutiny.

The freedom of the press is seen as a valid and vital freedom for everyone, since the press, which acts as the public watchdog, depends on its freedom.

The most important reason why the phenomenon of monopolization is considered an obstacle to the freedom of the press is the danger of consolidation of the press organs in the hands of one or more powers. Freedom of the press requires the individual to be able to encounter as wide and varied information as possible and to present the information objectively.

However, monopolization in the press is a factor that prevents multi-directional information circulation, which leads to unrealistic conditioning of the masses through one-way news circulation. Managers or managerial candidates, who know the power of the press to influence the masses, have kept the communication channels under their control in order to come to power and maintain their power in every period of history. They sought ways to organize.

The press has always faced politicians.

The European Court of Human Rights (ECHR) has argued that the acceptable limit of criticism for politicians should be wider than for other individuals, in many of its decisions in objections to the criticism of politicians. On the other hand, in order for any interference with the private life of those who constantly attract the attention of the public to be considered legitimate, there must be a superior public interest compared to the right to privacy of the person’s private life.

Unsal Karabulut