Does the Publication of a Person’s Home Address in the News Violate the Confidentiality of Private Life, Should Compensation Be Awarded – Supreme Court Decision

SUMMARY: The case is related to the claim for moral compensation based on the attack on personal rights through the press. The home address of an individual is a personal data or information that falls within the scope of private life, and therefore he will benefit from the protection granted to him. The fact that the plaintiff’s public address has been published is a violation of the confidentiality of private life. It cannot be mentioned that there is a public interest in including this information in the news. While it is possible to publish this information, which is within the scope of private life, by blacking out or deleting it, there is no doubt that the lack of attention to this issue in the presentation of the news requires compensation. For the reasons explained, an appropriate amount of moral compensation should be awarded for the benefit of the plaintiff, while the decision to dismiss the case with the erroneous justification was not in accordance with the procedure and the law, so the decision had to be overturned.

T.C. SUPREME

4.law office
Basis: 2014/16369
Verdict: 2015/13675
Decision Date: 26.11.2015

MORAL COMPENSATION CASE – THE INDIVIDUAL’S HOME ADDRESS IS PERSONAL INFORMATION THAT FALLS WITHIN THE SCOPE OF PRIVATE LIFE, AND THEREFORE HE WILL BENEFIT FROM THE PROTECTION GRANTED TO HIM – THE PUBLICATION OF THE PLAINTIFF’S FULL ADDRESS VIOLATES THE CONFIDENTIALITY OF PRIVATE LIFE – VIOLATION OF THE PROVISION

(2709 P. K. m. 20) (5237 Pp. K. m. 134)

Case: Plaintiff A.. A.. acting Attorney E.. O.. by, defendants H.. Y.. and at the end of the trial conducted by the court on the request for moral compensation with the petition filed on 17/02/2014 against others; the decision of 11/09/2014 on the rejection of the case was requested by the plaintiff’s attorney to examine the Supreme Court within the time limit and the acceptance of the appeal was decided after the report prepared by the examining judge and the papers in the file were examined and discussed as necessary.

Decision:

1- According to the articles in the file, the evidence on which the decision is based and the compelling reasons in accordance with the law, especially the fact that there was no inaccuracy in the evaluation of the evidence, the plaintiff is one of the defendants M..A.. all appeals against the other defendants, which are outside the scope of the following subparagraph, should be rejected.

2- The plaintiff, the defendants H.. Y.. and G.. A..as for the other appeal appeal against;

The case concerns a claim for moral compensation based on an attack on personal rights through the press. The court decided to dismiss the case; the verdict was appealed by the plaintiff.

Plaintiff, A..P.. that he was bitten by a dog while he was out for a walk, so he filed a complaint, A.. V.. that an investigation was authorized by the relevant persons, that the investigation concluded with the decision that there was no place for prosecution, that this decision was made by E.. G.. in the copy dated 07/02/2014 “..” the headline was given, and that the full text of the decision on whether to prosecute, first name, last name, parent’s name, date of birth, and address no dimming on the website and deletion of all published in the Gazette and a newspaper before noting that moral compensation claims were found.

The defendants argued that the mention of a person’s name in the news text would not be considered an attack on their personal rights, and that the newspaper editor-in-chief was not responsible and that the case should be dismissed.

By the Court, E..G.. Published in news 07/02/2014, any expression that is not where the plaintiff’s personal rights constitute an attack on the decision of the publication does not constitute an attack on the rights of persons, known by the public opinion and the decision in the context of the plaintiff in the case of information will be the subject of ridicule and humiliate, without notice, on the other hand, Chief Clerk, M.. A.. it was decided to dismiss the case on the grounds that there is no liability for compensation.

As stated in the court’s reasoning; the published news is a news that can be evaluated within the limits of press freedom due to the fact that it is in accordance with the visible truth and up-to-date, the balance between Decency and form has been preserved in the context of the expressions used. There is also no violation of the law in the visual publication of the text of the decision that there is no place for prosecution, which is the subject of the news, in the news content. Because it is aimed at attracting the reader’s attention to the news and can be published in this way as a requirement of journalistic technique. However,; the text of the said decision also contains the plaintiff’s explicit address information, and this information was published in full in the news without blacking out or removing it from the text.

A.. 09/10/2012 dated 42811/06 application number A..T.. in his judgment; “A.. 8. in accordance with Article 8 of the Convention, everyone has the right to respect for private and family life, housing and communication. substance, the development of private and family life, physically protects a specific place, with the right to respect for an individual’s home… an individual’s home address, private life and the protection it afforded him within the scope of personal data or information for the protection of private life… enjoy the right to freedom of expression with the right to a fair balance between the determination of the public interest when there is no news published a contribution to the discussions that contains lies.” in the form of determinations were made.

A.. as stated in the decision quoted above, the individual’s home address is a personal data or information that falls within the scope of private life, and therefore he will benefit from the protection granted to him. The fact that the plaintiff’s public address has been published is a violation of the confidentiality of private life. It cannot be mentioned that there is a public interest in including this information in the news. While it is possible to publish this information, which is within the scope of private life, by blacking out or deleting it, there is no doubt that the lack of attention to this issue in the presentation of the news requires compensation. For the reasons explained, an appropriate amount of moral compensation should be awarded for the benefit of the plaintiff, while the decision to dismiss the case with the erroneous justification was not in accordance with the procedure and the law, so the decision had to be overturned.

Conclusion: If the appealed decision is OVERTURNED for the reasons shown in paragraph (2) above, the plaintiff is one of the defendants M.. A.. all the other appeals against the other defendants were rejected with a unanimous decision on the day of 26/11/2015 for the reasons shown in subparagraph (1).

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