Hate speech laws in Turkey

Hate speech laws in Turkey refer to legal rules in Turkey that criminalize speech or actions that insult, degrade, or incite violence against individuals or groups based on their statue, race, religion, ethnicity, gender, sexual orientation, language, sect, or similar characteristics.^[1] The purpose of these laws is to prevent discrimination, hostility and social exclusion created through written, verbal or visual expressions.

According to the UN Strategy and Plan of Action on Hate Speech defines hate speech, refers to any kind of communication in speech, writing or behaviour, that attacks or uses pejorative or discriminatory language with reference to a person or a group on the basis of who they are, in other words, based on their religion, ethnicity, nationality, race, colour, descent, gender or other identity factor.^[2]

We must confront bigotry by working to tackle the hate that spreads like wildfire across the internet. 
António Guterres, 
United Nations Secretary-General, 2023^[2]

The Committee of Ministers of the Council of Europe, in its 1997 Recommendation R(97)20, describes hate speech as any form of expression in speech, writing, or behaviour that spreads, incites, promotes, defends, or justifies racial hatred, xenophobia, antisemitism, or other forms of intolerance-based hatred, including aggressive nationalism, ethnocentrism, and discrimination against minorities, migrants, or people of immigrant origin.^[3]

Legislative framework

Absence of a Unified Framework

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.

Enforcement and case law

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.^[4]

International comparison

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.^[5]

Constitutional Foundations

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.^[6]

Penal Code Provisions

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 follow:

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. Prescribing imprisonment from six months to three years if the act places public safety at risk.
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 115 punishes coercion or obstruction of religious beliefs and practices, using force or threats, with imprisonment between one and three years.
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 61 requires courts to consider hate motives in the determination of penalties, reinforcing the constitutional prohibition on discrimination and hostility.
Article 301 of the Turkish Penal Code criminalizes insults directed at the Turkish nation, the State of the Republic of Turkey, and its institutions.
Article 299 criminalizes insults against the President of Turkey and has been applied in a significant number of prosecutions in recent years.^[7]

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.^[8]