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Ürper and Others v. Turkey, Nos. 14526/07 and other 8, ECtHR (Second Section), 20 October 2009

Abstract

Propaganda in favour of a terrorist organisation. Arbitrary interferences with freedom of the press through censorship.

Normative references

Art. 10 ECHR

Ruling

1. Restraints on the media are not incompatible with the Convention. However, given the essential role of the press as a public watchdog in a democratic society, the national authorities only have a limited margin of appreciation to decide whether there is a “pressing social need” to take measures limiting the freedom of the press.

2. The practice of banning the distribution of entire periodicals for a limited period as a consequence of the publication of articles containing elements of propaganda in favour of a terrorist organization amounts to censorship. Such a measure is capable to prevent journalists from publishing similar articles in the future, hindering their professional activities. 
(Case concerning the suspension of the distribution of four daily newspapers published in Turkey for periods ranging from fifteen days to a month. Certain articles published in these newspapers had been considered propaganda in favour of a terrorist organisation – a criminal offence under Turkish law. The Court found a violation of Art. 10 ECHR).