Press Freedom in TRNC
In the Turkish Republic of Northern Cyprus, press freedom is a constitutional right guaranteed by the 1985 TRNC Constitution. The following provisions are included in the Rights, Liberties and and Duties of Persons section in the second chapter of the Constitution;
Article 24 Freedom of Thought, Speech and Expression
(1)Every person has the right to freedom of thought or opinion. No person shall be compelled to disclose his thoughts and opinion. There can be no crime in view of the thoughts of a person.
(2)Every person has the right to express and publish his thoughts and opinion, by himself or collectively, by word of mouth, in writing, through pictures or other media.
This right includes freedom to express opinion and to receive and impart information and ideas without interference by any public authority and regardless of the boundaries of the State.
(3)The exercise of the freedom of speech and of the freedom of expression may be subject to such formalities, conditions, restrictions, or penalties as are necessary and as prescribed by law, only in the interest of national security or the constitutional order or the public safety or the public order or the public health or the public morals or for the protection of the reputation or rights of others or for preventing the disclosure of information received in confidence or for maintaining the authority and impartiality of the judiciary.
Article 26 Freedom of the Press
(1) The freedom of the press and publications is guaranteed for all citizens and shall not be subjected to censorship.
(2) The State shall take the necessary measures to ensure the freedom of the press, publication and of receiving information.
(3) The freedom of the press and of receiving information may be restricted by law for the purpose of safeguarding public order or national security or public morals or for preventing attacks on the honour, dignity or rights of persons and for preventing incitement to commit an offence or for the purpose of assuring the proper functioning of the judiciary in accordance with its aims.
(4) Save when it is imposed by a decision to be given by any court or judge, within the limits to be prescribed by law, for the purpose of ensuring the proper functioning of the judiciary in accordance with its aims, no ban shall be imposed on the publication of news about events.
Article 27 The Right to Publish Newspapers, Magazines and Pamphlets
(1) The publication of newspapers, magazines and pamphlets by citizens shall not be subject to obtaining prior permission or to furnishing of financial security.
(2) The publication, distribution and financial resources of newspapers, magazines and pamphlets and the conditions pertaining to the profession of journalism shall be regulated by law. Such law shall not impose political, economic, financial and technical conditions preventing or making difficult the free dissemination of news, thoughts and opinion.
(3) Newspapers and periodicals shall benefit, in accordance with the principle of equality, from the media and facilities provided by the State and other public corporate bodies or by institutions attached to them.
(4) Newspapers, magazines and pamphlets published within the boundaries of the State may be seized by an order of a judge in cases where any of the offences specified by the relevant law has been committed; and by an order of the authority expressly empowered by law in cases where a delay is considered undesirable from the point of view of safeguarding national security, public order or public morals. The competent authority giving the order for the seizure, shall inform the court of its decision on the same day. If the court does not confirm the decision within two days, at the latest, the order for the seizure shall be considered null and void.
The European Convention on Human Rights (ECHR), adopted as a valid legislation under Article 90 of the Constitution, protects the right to freedom of expression under Article 10. In harmony with Article 24 of the TRNC Constitution, Article 10 of the ECHR states:
- Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This Article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises.
- The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary.
Press-related laws:
Press Law
https://mevzuat.mahkemeler.net/Yasalar/Cap79.pdf?rnd=37808
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The Constitution of the Turkish Republic Of Northern Cyprus
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Criminal Code and Criminal Procedure Law
https://mevzuat.mahkemeler.net/Yasalar/Cap154.pdf?rnd=88013
https://mevzuat.mahkemeler.net/Yasalar/Cap155.pdf?rnd=42797