Abstract:

Freedom of expression is the fundamental element of a liberal democratic order. For it makes it possible for the thought to debate and the struggle of the thoughts that are the cause of its own existence. The free formation of thought, on the one hand, requires “the freedom to express and spread thoughts freely” and on the other hand, “the freedom to be aware of and to acquire information about the thoughts.” In a democratic constitutional system, as the freedom of information is a condition of freely forming public thought, it should not be placed below the freedom of expression and dissemination. Since the values protected by the classic fundamental rights may exceed, it is necessary to consider and regulate the freedom of the internet as its own, a new fundamental right. The freedom of communications is the freedom of communications through the Internet. This freedom includes the transmission and receipt of data, information and ideas by spreading.