Logo law and pluralism
Logo Università Bicocca

Bayar and Gürbüz v. Turkey, No. 8860/13, ECtHR (Second Section), 23 July 2019

Abstract

Freedom of expression in publications. Application of the principle in the publication of an article reporting the declarations made by the major exponent of a terrorist group from jail to his lawyers and containing direct instructions to the latter organization.

Normative references

Art. 10 ECHR

Ruling

The Court recognizes the violation of the right to freedom of speech of the applicants, chief heads of a Turkish magazine where they had given permission to publish an article reporting the declarations made by a prominent member of a terrorist organization, while in jail, to his lawyers. To report such speech does not constitute an illegal behavior, even if it contains direct instruction to the terrorist group. It should rather be considered a legitimate exercise of the right to freedom of expression.