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High court overturns insult fine in important ruling for free speech

High court overturns insult fine in important ruling for free speech

Turkey’s Supreme Court of Appeals has overturned a lower court ruling in which writer Perihan Mağden was fined TL 5000 for insulting TV celebrity Acun Ilıcalı in an interview published in the Hürriyet newspaper in 2014, according to a report by Canan Coşkun published in Cumhuriyet

Veysel Ok, who formerly represented Mağden and who is the lawyer who made the appeal ruling said the verdict has the potential to set a precedent, adding that it is a very good decision for freedom of expression. “This is an important decision because it protects criticism, even when it is harsh or offensive. The Supreme Court of Appeals ruling underlines that the boundaries of criticism are even larger for TV celebrities and publicly known figures.  We are glad to see that such a strong ruling, which is in line with European standards, has come out, especially in these times.”

The ruling which was issued on Jan. 24 and relayed to Lawyer Ok on Jan. 29 said the interview “fell within the scope of criticism and that the litigators, as a public person, has the obligation to be more tolerant of criticism.”

The ruling concerned an interview published in the Hürriyet newspaper on Jan. 19, 2014 in which Mağden referred to Acun, who hosts the Turkish versions of the popular shows “Survivor,” “The Voice” and “Turkey’s Got Talent,” as a “Acun, the brand of shamelessness”

Ilıcalı had filed assault charges in 2014 with the Istanbul 16th Criminal Court of First Instance compensation. The appeals case overruled that decision. The verdict was issued by the 4th Chamber of the Supreme Court of Appeals.

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Medya ve Hukuk Çalışmaları Derneği (MLSA) haber alma hakkı, ifade özgürlüğü ve basın özgürlüğü alanlarında faaliyet yürüten bir sivil toplum kuruluşudur. Derneğimiz başta gazeteciler olmak üzere mesleki faaliyetleri sebebiyle yargılanan kişilere hukuki destek vermektedir.