Abstract:

It is seen that the basic and aggravating forms of the offence of defamation are regulated in Article 125 of the Turkish Penal Code numbered 5237 (TCK). This article is in the “Second Book” of TPC titled “Special Provisions” in the “Second Chapter” devoted to “Offences Against Persons” and in the “Eighth Part”, which includes “Offences Against Dignity”. This study examines whether it is necessary to regulate defamation as a crime in its current state in Turkish legal system and, is limited to the general defamation offences in Article 125 of the TPC. As a matter of fact, when the defamation is analyzed comparatively, it is seen that there is a tendency to decriminalize defamation, especially through the press, due to the limitations on freedom of expression. In this context, there are also opinions in the doctrine that it should be regulated as a tort that requires only compensation. For instance, the tendency of the Anglo-Saxon legal system from past to present is to limit the prosecution for the crime of defamation and gradually decriminalize it. In this context, the study focuses on the necessity of decriminalization of defamation by evaluating insulting behavior in terms of the Turkish legal system, and recommending the application of civil punishment as a substitute sanction proposal.