A. Introduction

Article 301 of the Turkish Penal Code (TPC), much debated at both national and international levels, has recently been subject to an amendment aimed at clarifying its meaning and averting more distressing cases related to freedom of expression. It should be noted that the former article 301 was an amended version of article 159 of the former TPC of 1926. As TŸrkan Sancar rightly states in her comprehensive book on both articles 159 and 301, article 159 is an article which has been revised many times. It was amended seven times after coming into effect in 1926 (in 1936, 1938, 1946, 1961, twice in 2002, and 2003). The new TPC was introduced as a package of penal-law reform prior to the opening of negotiations for Turkish membership of the European Union, and came into effect on 1 June 2005. Article 301 stated the following:

1. A person who publicly denigrates Turkishness, the Republic or the Grand National Assembly of Turkey, shall be sentenced a penalty of imprisonment for a term of six months to three years.

2. A person who publicly denigrates the Government of the Republic of Turkey, the judicial bodies of the State, the military or security organizations, shall be sentenced to a penalty of imprisonment for a term of six months to two years.

3. Where denigrating of Turkishness is committed by a Turkish citizen in another country, the penalty to be imposed shall be increased by one third.

4. Expressions of thought intended to criticize shall not constitute a crime.[10]

Although this text of the law did not draw attention initially, article 301 loomed large both in Turkey and the European Union after a number of conspicuous cases and criminal investigations of well-known novelists and journalists such as Nobel...