The Chilling Effect of Turkey’s Article 301 Insult Law

European Human Rights Law Review, 2019, Issue 3, 298-308

23 Pages Posted: 27 Jun 2019

See all articles by Ronan Ó Fathaigh

Ronan Ó Fathaigh

University of Amsterdam - Institute for Information Law (IViR)

Date Written: June 25, 2019

Abstract

This article discusses how the approach of the European Court of Human Rights has evolved in seeking to protect freedom of expression from the chilling effect of Turkey’s controversial Article 301 insult law. The article reveals the early reluctance within the Court in finding that the law’s provisions were incompatible with freedom of expression, and yet, the analysis now demonstrates how the Court’s concern for the chilling effect has led the Court to two adopt notable approaches: first, the Court permitting applicants to argue that the law, in and of itself, violates the European Convention on Human Rights, even where an applicant has not been convicted, nor even prosecuted under the law; and second, the Court’s application of its rarely-used competence under Article 46 of the European Convention, finding that amending Article 301 would “constitute an appropriate form of execution” of the Court’s judgment.

Keywords: freedom of expression, insult, European Convention on Human Rights

Suggested Citation

Ó Fathaigh, Ronan, The Chilling Effect of Turkey’s Article 301 Insult Law (June 25, 2019). European Human Rights Law Review, 2019, Issue 3, 298-308. Available at SSRN: https://ssrn.com/abstract=3409807

Ronan Ó Fathaigh (Contact Author)

University of Amsterdam - Institute for Information Law (IViR) ( email )

Nieuwe Achtergracht 166
Amsterdam, 1000 BA
Netherlands

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