Constitutional Court rules shocking speech covered by press freedom

WISE NEWS PRESS / ANKARA, TURKEY — Dec. 6, 2025

The Constitutional Court (AYM) has issued a landmark ruling expanding the scope of press freedom, declaring that "hurtful, shocking, or disturbing" expressions are protected under freedom of speech, overturning a compensation penalty against journalist Adnan Keskin.

The unanimous decision by the First Section of the High Court is critical as it broadens the boundaries of freedom of expression regarding harsh criticism of public officials. The AYM ruled that an expression being merely rude or disturbing cannot be the sole justification for penalization.

The legal process and 'deep state' allegations

The precedent-setting case began with an article written by journalist Adnan Keskin about Ali Suat Ertosun, a former member of the High Council of Judges and Prosecutors (HSYK) and the Court of Cassation. In his article, Keskin linked Ertosun's tenure to "deep state" operations, Susurluk case convicts, and prison operations.

Ertosun filed a defamation lawsuit, claiming the article implied he was an "agent, gang leader, and murderer." Although the Supreme Court initially overturned the local court's compensation ruling, the local court resisted, and the General Assembly of Civil Chambers eventually upheld the fine. Keskin then took the case to the Constitutional Court.

The Constitutional Court emphasized the importance of public debate in its ruling expanding the limits of freedom of expression. (Photo: Archive)

"Public figures must be open to criticism"

In its ruling, the AYM noted that the plaintiff, Ali Suat Ertosun, was a high-ranking bureaucrat at the time of the events. The High Court emphasized that individuals known to the public and officials exercising public authority must tolerate harsher criticism than ordinary citizens.

The ruling stated, "The news at the center of the dispute relates to a matter of public interest. It has not been concluded that the allegations in the news targeted the plaintiff's private life or incited violence."

Shocking expressions under protection

The court's detailed ruling included striking statements regarding the limits of press freedom:

"Freedom of expression and the press applies not only to information or ideas that are favorably received or regarded as inoffensive or as a matter of indifference, but also to those that offend, shock, or disturb. Freedom of expression should be interpreted broadly enough to allow for a degree of exaggeration or even provocation."

The High Court ordered that journalist Adnan Keskin be paid 34,000 Turkish Liras in non-pecuniary damages and sent the file back to the local court for a retrial.

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