Özet:

Interference in freedom of expression, especially in the cases of insult, has a determining character to distinguish between the material facts and the values of the judgments whether such interference is causing a violation of the right. The European Court of Human Rights (European Court of Human Rights, IHAM) has developed issues that will be effective in determining this discrimination over time. A set of criteria on whether or not the intervention leads to a violation of the value of an expression or if it is based on a material fact has also developed with this discretion. In this study, the aspects examined and the criteria applied after the distinction will be assessed. This assessment will be carried out on both the IHAM drinks and the decisions of the Constitutional Court (AYM) as a national executor. The objective of the study is to establish guiding standards in the field and to explain how these standards are applied in terms of AYM.