Lèse-Majesté Nedir? (Koruma Kanunu) - Alper İLHAN

What is Lèse-Majesté? Lèse-majesté refers to a crime or insult committed against a head of state or a state. Traditionally, it is a crime committed against a monarch, but nowadays it is more often committed against a president. The English name is modernized from medieval French, where the phrase meant "a crime against the crown." In classical Latin, "laesa majestas" means "injured majesty" and originally referred to crimes against the majesty of the sovereign people of the Roman Republic.^[1].

Lèse-majesté yasaları ilk olarak antik Roma’nın Geç İmparatorluk Dönemi’nde (MS 200 – 500) suç olarak sınıflandırılmıştır. Bu dönemde, imparatorlar kendilerini imparatorlukla özdeşleştirmeye başlamış ve demokratik görünümlü önceki yönetimlerin uygulamalarını ortadan kaldırmışlardır^[2].

Lèse-majesté Laws Around the World

Lèse-majesté laws are applied differently in various countries around the world. For example, Thailand is one of the countries that enforces these laws most strictly, and insulting the monarchy can lead to severe penalties ^[3]. Other Southeast Asian countries like Cambodia, Malaysia, and Brunei also enforce similar laws, and these laws can be used to restrict freedom of expression ^[4].

The Situation in Europe

Many countries in Europe have laws that prohibit insulting the head of state or national symbols. For instance, in countries like Belgium and Denmark, insulting the monarchy is a crime and can result in imprisonment. Other countries like France and Germany have revised or removed laws that criminalize insulting the head of state^[5].

The Situation in America

In the United States, there is no specific law prohibiting insulting the Founding Fathers. However, due to the emphasis placed on freedom of speech, such expressions are generally protected by the First Amendment of the Constitution.^[6].

The Situation in Asia

In Asia, lèse-majesté laws are strictly enforced in countries like Thailand, and these laws are used to suppress criticism of the monarchy^[7].

The Situation in Africa

On the African continent, there are laws in some countries that prohibit insulting religious feelings or religious values. Such laws are often discussed in the context of restrictions on religious freedoms and limitations on freedom of expression.^[8].

Conclusion

Lèse-majesté laws continue to exist in various forms around the world. The way these laws are applied varies from country to country and depending on the government system. In some cases, these laws can impose serious restrictions on freedom of expression and be used to silence political opposition. On the other hand, in some countries, the enforcement of such laws may be more relaxed or they may have been abolished altogether. In any case, the existence of lèse-majesté laws remains a controversial issue in terms of their relationship with freedom of expression and democratic values.

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