Özet:

The lack of sufficient and deterrent administrative measures as part of fighting disinformation made essential to apply criminal law as a last-ditch effort. In relating to this, Article 29 of the legislation numbered 7418 and dated 13.10.2022 and Article 217/A of the fifth chapter titled “Crimes Against Public Place” of the third part of the second book titled “Special Provisions” of the Turkish Penal Code No. 5237 include a separate crime which is called as “publicly spreading the misleading information”. The crime that is committed in order to create anxiety, fear and panic among the public and publicly and sufficiently spreading misleading information to the public about the internal and external security, public order and general health of the country which also disrupts the public peace has been sanctioned. In this study, the objective and subjective elements of the crime of “publicly spreading the misleading information” will be evaluated and limitations of the freedom of expression and freedom of obtainment of information will be explained while considering the regulations in comparative law. In addition, the discussion of whether the principle of clarity and definiteness which the result of the principle of legality of crimes and punishments (nullum crimen, nulla poena sine lege) is violated will also be included in this study.

Anahtar Kelimeler: