Freedom of Artistic Expression
- Tutku Oker
- Sep 15, 2021
- 2 min read
The history of art is as old as the history of humanity. It is possible to find a trace of art wherever there are people. Because art is not only a tool to appeal to emotions, but also a language used to express emotions. So much so that in the early ages, works of art emerged in order to express basic needs and meet these needs. Over time, art began to focus on emotions rather than needs. However, no matter when and where it is, a work of art always contains an expression, it is the concrete form of expression. It is not only the reflection of the individual who creates it, but also of the society it is in. Art tells the unknown, shows the unseen, reminds the forgotten, and makes the unnoticed noticeable. For this reason, art and artistic expression, as indispensable for democratic societies, should always be protected and a free environment should be provided.
This requirement has been an important issue both internationally and in our domestic law. The ECHR and the ECtHR have accepted that artistic expression is protected within the scope of freedom of expression because it is a form of expression and that this freedom can only be restricted under certain conditions and as an exception. Similarly, similar guarantees for artistic freedom of expression have been provided in our domestic law with our Constitution.
In the first part of our study, the concepts of art and artistic expression were tried to be explained, and philosophical and democracy-based views on the necessity of legal protection of art were included.
In the second part of our study, we tried to make the subject more concrete with examples from ECHR decisions and practice, by focusing on how freedom of artistic expression is included within the scope of the ECHR and the limitations of freedom of artistic expression.
In the third section, which is the last part of our study, the 1982 Constitution and the Constitutional Court's view on freedom of artistic expression are discussed and the regulations in our domestic law and the case laws on this subject are compared with the ECHR and ECHR decisions.
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