Criticism and Impact of The Article
In its short life the article has been heavily criticized, both in Turkey and outside. A criticism heard in Turkey, and also voiced by some outside, is that it has turned into a tool of the nationalist "old guard", who, so is claimed, use it to press charges against people of international renown, not to stifle dissenting opinions but with the aim of thwarting the admission process to the EU. Novelist Elif Şafak claims the Article has a chilling effect on free expression, notwithstanding its fourth clause. It is too early to tell how this is going to be interpreted in cassation (last-instance review) by the Court of Appeals. Turkey accepts the European Court of Human Rights' decisions as overriding higher court decision, and ratified international treaties as overriding national law.
Amnesty International claims that "Article 301 poses a direct threat to freedom of expression, as enshrined in Article 19 of the International Covenant on Civil and Political Rights (ICCPR) and in Article 10 of the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR)."
Read more about this topic: Article 301 (Turkish Penal Code)
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