The Legal Department of the Media and Law Studies Association (MLSA) issued a call to the members of the Constitutional Court (AYM) who will evaluate the constitutionality of Article 217/A of the Turkish Penal Code (TCK) on November 8th, which criminalises the dissemination of "misleading information to the public." They demanded the annulment of this law, which has become a tool for censorship.
Since the beginning of the year, at least 13 journalists have been detained, investigated, or arrested under the censorship law. Most recently, on November 1st, T24 columnist Tolga Şardan was arrested under Article 217/A of the Turkish Penal Code for reporting on an MIT (National Intelligence Organisation) report regarding corruption in the judiciary.
In the call sent by MLSA's Legal Department to the members of the Constitutional Court, they demanded the annulment of the "Disinformation Law," which has turned into a tool of repression against journalists.
The call highlighted that this law contradicts the principles of freedom of expression, as well as press freedom enshrined in the constitution. It also pointed out the conflict with relevant articles of the European Convention on Human Rights and stated that the regulation contradicts the "principle of predictability."
The call asserted that this law, which encroaches upon journalists' rights to gather and disseminate news, contradicts the democratic order and urges the Constitutional Court to annul the law and end the pressure on journalists.
The full text of the call sent to the members of the Constitutional Court can be accessed here.
Annulment application and its background
The Constitutional Court (AYM) will discuss the annulment of the "censorship law" that imposes imprisonment for disseminating "misleading information to the public" and the request to suspend its enforcement on November 8th.
Following the publication of the law in the Official Gazette, known as the "fight against disinformation law" prepared by the AKP (Justice and Development Party) and MHP (Nationalist Movement Party) but referred to as the "censorship law" by journalism professional organisations, the CHP (Republican People’s Party) applied to the Constitutional Court for the annulment of its 29th article.
The 29th article of the law includes the following statement: "Anyone who disseminates false information publicly in a manner suitable to disrupt public peace with the intent to cause concern, fear, or panic among the public, which is untrue regarding the country's internal and external security, public order, and general health, shall be sentenced to imprisonment for a term of one to three years."
The CHP applied to the Constitutional Court for the annulment of this article and the suspension of its enforcement.
The Constitutional Court will consider the annulment request during the General Assembly on November 8th. The request to suspend the law's enforcement will be discussed during the main examination phase.
