The Court of Cassation has overturned the 10-month prison sentence handed to journalist Sinan Aygül, who was the first journalist to be convicted under the "disseminating misleading information to the public" offense, for which the Media and Law Studies Association (MLSA) provided legal support.
The 8th Criminal Chamber of the Court of Cassation ruled that Aygül should have been acquitted since the elements of the offense for which he was convicted were not met. This is the first time a conviction based on Article 217/A, added to the Turkish Penal Code in October 2022, has been overturned.
Aygül was detained on Dec. 14, 2022, for social media posts regarding allegations of sexual assault against a child. He was released on Dec. 22, 2022, after his lawyers appealed. However, on Feb. 28, 2023, the Tatvan Criminal Court of First Instance sentenced him to 10 months in prison.
Aygül and his lawyers appealed to the Van Regional Court of Justice, but the appeal was rejected on May 26, 2023. The MLSA's legal team then took the case to the Court of Cassation.
The 8th Criminal Chamber of the Court of Cassation, while reviewing the appeal, made a landmark ruling that could set a precedent in future cases involving Article 217/A, which is also known as the Censorship Law. The court unanimously annulled the Van Regional Court of Justice's decision, referencing the rationale presented to parliament when the law was introduced.
The ruling clarified: "When considering the specifics of the incident, the defendant shared misleading information on social media at around 10:24 p.m. and then issued correction messages after realizing that the information he received from authorized individuals could be incomplete or inaccurate. He removed the original post entirely and apologized to the public for sharing information without verification. His actions to delete the post and issue corrections indicate that he did not intend to create fear, anxiety, or panic among the public but instead was exercising his right as a journalist to inform the public. As such, the established conviction was not appropriate, given that the defendant did not intend to commit a crime, and his actions did not meet the criteria for disseminating misleading information to the public under Article 217/A of Law 5237."
47 investigations have been launched against 41 journalists, with 4 detained, under the "Censorship Law"
Data from the MLSA and the Turkish Journalists' Union (TGS) reveals that Article 217/A, effective since Oct. 20, 2022, has been frequently used against journalists. In the 18 months since the law was enacted, 47 investigations have been launched against 41 journalists due to their reporting, commentary, or writing. Of those investigated, 10 journalists have been detained and 4 imprisoned, while 15 journalists face legal proceedings. Although 13 journalists have been acquitted, investigations against 18 others remain ongoing.
