Hate speech laws in Turkey

During the Ottoman period, restrictions concerning expression were generally connected to the maintenance of public order, religious harmony, and the protection of state authority rather than a modern legal concept of hate speech. The Ottoman legal system regulated relations among religious communities through the millet system, under which different communities possessed varying degrees of legal autonomy. Expressions perceived as threatening intercommunal coexistence or political stability could be subject to legal or administrative sanctions. Historians have noted that Ottoman governance prioritized social order and religious coexistence over modern conceptions of individual freedom of expression.^[10][11]

Following the establishment of the Republic of Turkey in 1923, legal approaches to speech increasingly emphasized national unity, secularism, and the protection of state institutions. Although modern hate speech terminology was not used during the early Republican period, legal restrictions concerning expression affecting national cohesion became more prominent. Historians of modern Turkey have observed that the republican legal framework prioritized the consolidation of the new state and social transformation through a more centralized legal system.^[12]

From the late twentieth century onward, as part of its ongoing integration efforts with European institutions, the Turkish legal system has increasingly incorporated aspects of international legal frameworks concerning hate speech, in particular those of the Council of Europe and the ECtHR. Contemporary regulation of hate speech-related conduct operates primarily through provisions of the Turkish Penal Code concerning incitement, discrimination, and public order. In its jurisprudence concerning Turkey, the ECtHR restrictions on expression must remain proportionate and compatible with freedom of expression protections under Article 10 of the European Convention on Human Rights.^[13][14]

Turkish law does not include a single consolidated legal instrument specifically dedicated to hate speech. Instead, relevant provisions are distributed across multiple articles of the Turkish Penal Code and related legislation.

The Turkish Constitution provides the fundamental legal basis for regulating hate speech through various provisions related to equality, freedom of thought, and protection of religious beliefs:

• Article 10 guarantees equality before the law and prohibits discrimination based on language, race, color, sex, political opinion, philosophical belief, religion, or other similar grounds. This underpins the application of hate speech laws targeting discrimination and hostility among groups.
• Article 24 protects freedom of religion and conscience, allowing for limitations necessary to protect public order and prevent hatred against religious groups.
• Article 26 ensures freedom of thought and expression but permits restrictions for reasons such as protecting national security, public order, or the rights and reputation of others.
• Article 28 covers freedom of the press subject to similar restrictions to safeguard social harmony.^[15]

Based on these constitutional principles, hate speech in Turkey is primarily regulated under the Turkish Penal Code (Law No. 5237 of 2004) with key articles as follows:

• Article 61 requires courts to consider hate motives in the determination of penalties, reinforcing the constitutional prohibition on discrimination and hostility.
• Article 115 punishes coercion or obstruction of religious beliefs and practices, using force or threats, with imprisonment between one and three years.
• Article 122 criminalizes discrimination by denying or obstructing rights based on language, race, nationality, gender, belief, or religion, with penalties of one to three years' imprisonment.

• Article 125 criminalizes insult against individuals. Although not classified as a hate speech provision, it has been applied in cases involving allegedly discriminatory or offensive expression.
• Article 216 criminalizes the public incitement of hatred and hostility between different segments of society on the basis of social class, race, religion, sect, or regional origin, where such conduct poses a clear and imminent threat to public order. This article prescribes imprisonment from six months to three years if the act places public safety at risk.
• Article 218 outlines extended penalties for offences defined in the aforementioned articles committed through the press or broadcasting, but explicitly states that the expression of thoughts in the form of criticism do not constitute an offence.

• Article 299 criminalizes insults against the President of Turkey and has been applied in a significant number of prosecutions in recent years.
• Article 301 of the Turkish Penal Code criminalizes insults directed at the Turkish nation, the State of the Republic of Turkey, and its institutions.^[16][17]

According to Human Rights Watch, these provisions are frequently discussed in the context of broader restrictions on freedom of expression in Turkey, although they are not formally categorized as hate speech legislation.^[18]

The Human Rights and Equality Institution of Türkiye (HREIT) was established in 2016 by Law No. 6701 and functions as the national equality body, in line with various European Commission directives. Subordinate to the Ministry of Justice and operating with administrative and financial autonomy, its mandate includes the protection and promotion of human rights, guaranteeing individuals' right to equal treatment, the prevention of torture and ill-treatment, as well continuing the implementation of international human rights conventions to which Turkey is party.^[19] However, the European Commission Against Racism and Intolerance (ECRI) highlights various legislative gaps with respect to the independence and impartiality of the HREIT as a legal body due to the fact that the President of Turkey has discretionary authority to exercise administrative institutional powers and directly appoint its members.^[20]

Reports by Human Rights Watch indicate that Article 216 of the Turkish Penal Code has been applied in cases involving alleged incitement to religious or ethnic hatred, although prosecutions under this provision remain relatively limited. By contrast, broader speech-related provisions, particularly those concerning insult, have been applied more frequently in practice. According to the same organization, legal actions involving expression in Turkey often rely on general criminal provisions rather than narrowly defined hate speech laws.^[21]

Comparative legal analyses demonstrate that Turkey’s approach differs from several European countries. In Germany, for example, hate speech is addressed through specific criminal provisions, while in the United States such speech is generally protected under constitutional free speech guarantees unless it incites imminent unlawful action. Meanwhile, Turkish law places a stronger emphasis on the protection of public order, requiring that incitement reach a threshold of clear and imminent danger before criminal liability arises, a standard that has been discussed in the jurisprudence of the European Court of Human Rights.^[22]

The European Court of Human Rights, such as in Erbakan v. Turkey (2006), held that restrictions on political speech must be proportionate and that even controversial expressions are protected under Article 10 unless they incite hatred or violence.^[13]