Crime of Public Dissemination of Disinformation (TCC Art.217A): An Analysis Regarding Criminal Law
Authors: Dr. Öğr. Üyesi Aras TÜRAY – Arş. Gör. Aslı Ekin YILMAZ – Arş. Gör. Eşref Barış BÖREKÇİ – Arş. Gör. Yalım Yarkın ÖZBALCI
İstanbul Bilgi University HUman Rights Law Research Center
İstanbul, December 2022
Fighting mechanisms against disinformation has become a popular topic of discussion in recent years. Especially during the Corona-Virus pandemic, a tendency to activate various legal mechanisms against disinformation appeared in national and international law. In Turkish law, this tendency manifested itself, inter alia, with the creation of the crime of "Public Dissemination of Disinformation (TCC Art. 217/A)". In this study, the urgency and structure of this crime were discussed within the scope of the ultima ratio principle, freedom of expression and press, along with the observations on controversial aspects of the crime in relation to criminal procedure.
Keywords: disinformation, fake-news, freedom of expression, ultima ratio principle.