Abstract:

This article will address and discuss the offence of insult, which is considered as a criminal offence, because it targetes the individual’s spiritual existence, reputation, honour and reputation and damages these values, and which is organized under the title of offences against honour in Articles 125 and subsequent of the Turkish Criminal Code (TCK) No. 5237. The legal subject of the offence of harassment, the material and spiritual element of the offence, who the defendant of the offence and the victim may be, the different forms of the offence will be examined. The current situation in Turkey concerning the interpretation and implementation of the provisions relating to the offence of insult will then be examined and explained in the light of whether it is in accordance with Article 10/2 of the European Convention on Human Rights (CEDH)2 concerning the limits of freedom of expression, the European Court of Human Rights (CEDH)'s basic responsibilities and its decisions against Turkey. There will be some assessments and recommendations on the arrangements to be made in accordance with the current situation.

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