Exploring New Frontiers in the Interface Between Free Speech and Access Bans: The European Court of Human Rights’ Case of Ahmet Yıldırım v. Turkey

European Journal of Law and Technology, Vol. 5, No. 1 (2014)

17 Pages Posted: 22 Dec 2018

See all articles by Gonenc Gurkaynak

Gonenc Gurkaynak

ELIG Gürkaynak Attorneys-at-Law

İlay Yılmaz

ELIG, Attorneys-at-Law

Derya Durlu Gürzumar

University of Neuchâtel

Date Written: 2014

Abstract

For the first time in its history, the European Court of Human Rights ("ECHR" or "Court") decided on December 18, 2012 that Article 10 of the European Convention on Human Rights ("Convention") was violated by the access ban decisions given by a Turkish court, the Denizli Criminal Court of Peace on June 23 and 24, 2009, with respect to Google Sites for the reason that the content broadcasted on a website created on Google Sites violated Turkish laws (altogether, the "Case").

As the crossroads of freedom of expression and internet law become ever more intertwined, the limits to protecting inherent rights may be susceptible to being trusted by governments and regulators intending to protect the interests of the individuals in lieu of free flow of information over the internet. In the backdrop of contemporary discussions on freedom of expression, this paper delves into exploring the legal implications of the Court's case by initially outlining the events that lead to the ECHR and the Court's analyses of the subject matter. The paper will thereafter delve into the significance and prevalence of the Case, and how access ban decisions given over websites should be evaluated in light of the pertinent provisions of the Convention regulating freedom of speech and access to information.

Keywords: Freedom of Expression, Internet Access Ban, Ahmet Yildirim v. Turkey, ECHR, ECtHR

JEL Classification: K38

Suggested Citation

Gurkaynak, Gonenc and Yılmaz, İlay and Durlu Gürzumar, Derya, Exploring New Frontiers in the Interface Between Free Speech and Access Bans: The European Court of Human Rights’ Case of Ahmet Yıldırım v. Turkey (2014). European Journal of Law and Technology, Vol. 5, No. 1 (2014), Available at SSRN: https://ssrn.com/abstract=3295531

Gonenc Gurkaynak (Contact Author)

ELIG Gürkaynak Attorneys-at-Law ( email )

Çitlenbik Sokak No:12
Yıldız Mahallesi
Istanbul, Beşiktaş 34349
Turkey

İlay Yılmaz

ELIG, Attorneys-at-Law ( email )

Çitlenbik Sokak No:12
Yıldız Mahallesi
Istanbul, Beşiktaş 34349
Turkey

Derya Durlu Gürzumar

University of Neuchâtel ( email )

Neuchatel, CH-2000
Switzerland

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