All values that give a person his/her personality are within the scope of the right to personality. Personal values are determined as physical, emotional and social personality values, and include issues such as the person's professional identity in the society, honor and dignity, freedom, body and mental integrity and health, race, religion and citizenship ties (Özyürek, Öykü, Attack on Personality Rights, Manevi Tazminat, Master's Thesis, Istanbul 2019, Istanbul Bilgi University Graduate Programs Institute, p. 12 -13).

As a special view of honor and dignity, there may also be an attack on the commercial and professional activities of individuals. The accusation that a person does not act in accordance with the obligations required by his profession and art violates his professional honor and dignity (Özyürek, p. 24).
The legislator has explained the protection of personality in Art. 23 of the TCC No. 4721 under the subtitle of protection of personality, art. 24 explains how to protect it from attack and Art. 25 provides the principles regarding the lawsuit. In addition, Article 58 of the TCO introduces a parallel regulation, stating that in case of damage to personality rights, a sum of money may be requested under the name of non-pecuniary damages.

Sometimes citizens are subjected to unfounded news and accusations about themselves. There is no doubt that these publications directly or indirectly cause material and moral damage to the person concerned. When he/she requests the removal of the publication about him/her, he/she may encounter the answer that the news is made within the scope of freedom of the press by the publishing organization. In this article, we will talk about how you can remove the news about you and how you can compensate for the moral damage you have suffered.

First of all, you can apply to the Criminal Judge of Peace and request a publication ban on the URL of the relevant news article. In this way, the news will be blocked and other people will not be able to access the content.

In order to assert your right to moral compensation, you must file a lawsuit for “moral compensation for violation of personal rights through the press” before the Civil Court of First Instance. In this case, the issues to be examined by the Court in the light of the decisions of the Court of Cassation will be as follows; There are main criteria that the Court of Cassation considers as reality, public interest and social interest, topicality, balance between substance and form in determining which value to give weight to.
The Court of Cassation has consistently made the following determination in cases where a violation of personal rights is claimed through the press “In cases where freedom of the press and personal values come into conflict, it is inconceivable that the legal order protects two conflicting values at the same time. It will be accepted that one of these two values should be held superior to the other, and as a result, it will be accepted that it is appropriate for the less superior benefit to remain unprotected in that case and for that moment against the benefit that should be held more superior” (Canbolat F, Gönül Koşar G (2020). Evaluation of the Criteria of the Court of Cassation and the European Court of Human Rights Used in Determining the Violation of the Right of Personality through the Press. , 259 - 302.)

As can be seen, in the aforementioned type of case, the values of freedom of the press and personal rights are in conflict with each other and the criteria taken as basis by the Court of Cassation are evaluated according to the characteristics of the concrete case.
Publication made in violation of the law cannot be considered as freedom of the press.
Accordingly, the first condition for a publication to be lawful is that it must be true. The principle of authenticity is sought in cases of criticism, evaluation and interpretation as well as news reporting.
It is inconceivable for the press to avoid responsibility by taking refuge under the pretext of apparent truth without due diligence, citing the excuse that concrete reality is not sought (Canbolat, s.275).

In the event that the publishing organization violates these criteria, it has legal responsibility in accordance with the Press Law. For material and moral damages arising from acts committed through printed works or internet news websites, the author and the publisher and their representative, if any, in the case of periodical publications, and the author and the publisher in the case of non-periodical publications, and the publisher if the publisher is not known, are jointly and severally liable. This provision shall also apply to real persons or legal entities who act as the publisher, publisher, trademark or license holder, lessor, operator or publisher in any capacity in periodical or non-periodical publications. If the legal person is a company, the chairman of the board of directors in joint stock companies and the top manager in other companies shall be jointly and severally liable together with the company.

In summary of the issues we have explained above, in the light of the law and the decisions of the Court of Cassation, it is possible to compensate your material and moral damages from the broadcasting organizations that make unfounded news about you,
The court will be able to compensate you for the damage you have suffered, depending on the facts of the case.