EYLEM SONBAHAR
Journalist Furkan Karabay was acquitted in a defamation and slander case brought against him by Mustafa Doğan İnal, a former lawyer for President Recep Tayyip Erdoğan. The case stemmed from three of Karabay’s social media posts, which İnal claimed were defamatory and damaging to his reputation.
The third hearing in the trial was held at Istanbul’s 5th Criminal Court of First Instance, where the court ruled that the statements in question constituted harsh criticism but did not meet the threshold for defamation or slander.
Court proceedings
Karabay did not attend the hearing, but his lawyer Özge Naz Akkaya was present, along with İnal's lawyer Mehmet İnal.
The prosecutor reiterated their previous opinion, presented on Nov. 5, stating that the posts did not contain concrete evidence that would harm İnal's honor or dignity. The prosecutor emphasized that even harsh criticism or statements causing discomfort cannot automatically be classified as defamation under Turkish law. Based on this, the prosecutor recommended Karabay’s acquittal.
In contrast, İnal’s lawyer argued that the posts could not be protected under freedom of expression and requested Karabay’s punishment.
Court's decision
The court ruled that the statements in Karabay’s posts fell within the scope of harsh criticism and coarse language. It also noted that some of the posts did not clearly specify their target. Consequently, the court acquitted Karabay.
About the case
The charges were linked to Karabay’s posts on social media, including one criticizing a court’s swift decision to block access to a news story on allegations involving İnal. The article, published on the Gerçek Gündem news website, was titled “Why was Erdoğan’s lawyer threatened? Indictment issued in armed attack with FETÖ network allegations.” Karabay had commented on the access block:
“An access ban was issued for the article describing the indictment of the armed attack on the convoy of Mustafa Doğan İnal. The article was published at 9 p.m. on April 19. By the next morning, İnal had applied to the court, and the judge issued a ban the same day. For some, justice is always fast.”
The indictment also included Karabay’s social media post about allegations of bribery in the judiciary and another post where a photo of a court document with the initials of İnal’s name appeared.
This ruling underscores the ongoing legal battles journalists face in Turkey and the debate over the limits of freedom of expression in criticism of public figures.
