Following an individual application by journalist and human rights defender Evin Barış Altıntaş, the 10th Chamber of the Council of State annulled the General Directorate of Security’s 2021 circular banning audio and video recordings for the second time. The regulation, which had previously been annulled in lawsuits filed by the Journalists’ Union of Turkey and the Diyarbakır Bar Association, was also found unconstitutional on the basis of individual application with this decision.
In its decision, the Council of State ruled that freedom of expression and freedom of the press can only be restricted by law and that these freedoms cannot be restricted by circulars. In the text of the decision, it was emphasized that the circular in question transcended internal administrative regulations and constituted an administrative act that directly affected third parties in public places and was subject to judicial review.
The court ruled in favor of Altıntaş to pay a total of 56,444 TL in legal costs and attorney fees. The ruling found that the circular violated not only institutional but also individual rights.
May 2, 2025
MLSA