Assurance of our right to know: Freedom of expression and journalists

Freedom of expression contributes significantly to human rights, democracy and peace-building.

Our ability to speak out, to be heard, to participate in political, social, cultural, economic and social issues of concern to individuals or society, to take decisions or influence decisions is closely related to the level of freedom of expression which is assuranced.

Essentially, freedom of expression gives individuals the space and opportunity to speak out against perpetrators of violations. Perpetrators of violations often want their violations to be known and visible, so that fear can prevail in society. Freedom of expression is one of the main means of making human rights violations visible, as well as their perpetrators, planners and those who protect those responsible. For these reasons, those in power are not happy with the full exercise of freedom of expression.

Freedom of expression is not only for accepted views

Article 10 of the European Convention on Human Rights (ECHR), to which we are a party, regulates freedom of expression and says “Everyone has the right to freedom of expression”. Article 26 of the Constitution guarantees freedom of expression and says “Everyone has the right to express and disseminate his/her thoughts and opinions through speech, writing, pictures or other means, individually or collectively.”

The freedom assuranced is not only for welcome expression. On the contrary, it may also include critical statements on matters considered to be controversial. Expressing one's criticism of the government's practices regulating the economy, culture and social life, i.e. the politics it pursues, is within the scope of freedom of expression. It is vital for the protection and development of freedom of expression to know that one will not be investigated for not exercising this right and will not be subjected to various kinds of pressure.

Is freedom of expression unlimited?

Of course, like other human rights, freedom of expression can be restricted under specific circumstances. Both the ECHR and the Constitution list specific circumstances in which this freedom of expression can be restricted, such as public order and security, health, protection of the rights of others, etc. But the key point in these specific conditions is that they should not be interpreted in a broad and arbitrary manner. Arbitrary and vague interpretation of the specific circumstances requiring restrictions increases the pressures, threats and risks to freedom of expression.

Restriction of freedom of expression is a global problem

According to the 2024 Global Freedom of Expression Report prepared by the UK-based Article 19, which takes its name from Article 19 of the Universal Declaration of Human Rights, which regulates freedom of expression, freedom of expression is on a downward trajectory around the world.

The report, which monitors 161 countries in light of 25 indicators and gives countries a score between 0-100, lists countries according to their score in the categories of Low Restrictive, Highly Restrictive and Crisis.

In the European Region, Denmark ranks at the top with 95 points, Switzerland ranks second with 93 points, while Belarus and Turkmenistan are at the bottom with 1 point. According to the report, Turkey ranks 44th among 49 countries with 9 points.

Pressure on journalists narrows space for freedom of expression

Journalists inform thousands of people about issues of interest to the wider society that they learn from one person. Journalists serve as an important check and balance, contributing to a more transparent society while striving for people's right to information.

The almost template response to criticism of the prosecution and arrest of journalists is that those who are part of the judicial process are not journalists or that the investigations and trials are not due to journalistic activities. The reports of professional organizations and human rights organizations working in the field reveal the situation regarding the professional activities of journalists within the scope of freedom of expression.

According to the January report of Dicle Fırat Journalists Association (DFGD), 18 journalists were detained for their professional activities and 9 of them were unfortunately arrested. Since the crackdown on journalists did not start in Jan 2025, journalists have been to courthouses for investigations and trials from earlier dates. Journalists should go to the courthouse to report news, not to stand trial for their professional activities.

Another detailed study on the pressures and rights violations faced by journalists due to their professional activities is the BİA Media Monitoring Report. The report, which defines 2024 as a period in which the government made journalists vomit blood, documents practices such as physical violence, threats and judicial pressure.

It is essential to protect professional activities of journalists

The Council of Europe, of which we are a member, has adopted a recommendation to protect journalists against the increasing trend of repression against journalists. Decision CM/Rec(2016)4 of the Committee of Ministers to Member States on the protection of journalism and the safety of journalists and other media professionals provides a series of policy and practice recommendations for the protection of journalists.

For example, Article 13 reads as follows: “Member States should take care to ensure that laws and sanctions are not applied in a discriminatory or arbitrary manner against journalists and other members of the media. They should also take legal and/or other measures to prevent the deliberate, abusive and unnecessary use of the law and legal proceedings to intimidate or silence journalists and other actors.” The recommendation adopted by the Committee of Ministers of the Council of Europe at its meeting No. 1253 of April 13, 2016 is also available in Turkish.

Freedom of expression is a human right with a constitutive effect

Freedom of expression and independent, impartial journalists are essential for a democratic society based on the principles of human rights, peace and the rule of law. You can read bianet's books 10 Years of Freedom of Expression 2001-2011 and 10 Years of Freedom of Expression 2012-2022 as PDF. (Oİ/HA/ABV/VK)