Turkey2s Court of Cassation has overturned the 10-month prison sentence of journalist Sinan Aygül, who was convicted under the new "Censorship Law" for "publicly disseminating misleading information." This landmark decision marks the first reversal of a conviction under Article 217/A of the Turkish Penal Code (TCK), which was added in October 2022.
Aygül's case began when he was arrested on December 14, 2022, for social media posts regarding an alleged sexual assault on a child. He was released on December 22, 2022, following objections from his lawyers. On February 28, 2023, the Tatvan Criminal Court of First Instance sentenced him to 10 months in prison. His appeal to the Van Regional Court of Justice was rejected on May 26, 2023, leading his legal team, including lawyers from the Media and Law Studies Association (MLSA), to take the case to the Court of Cassation.
The Court of Cassation's 8th Criminal Chamber found that the legal elements of the alleged crime were not met, and an acquittal should have been granted. This decision sets a precedent for future cases under Article 217/A of the TCK.
Aygül's actions and subsequent correction
The Court's decision highlighted that Aygül had shared potentially misleading information on social media at 10:24 PM on the date of the incident. After consulting with relevant authorities and realizing the information might be incorrect, he promptly posted correction messages and eventually removed the original post. Aygül publicly apologized for sharing unverified information. The Court concluded that Aygül's actions were not driven by an intent to cause public panic but were an exercise of his journalistic duty.
Court's ruling
The Court of Cassation stated: “Given the circumstances, the defendant shared misleading information on social media, then posted correction messages and removed the post once he learned it might be incorrect. He apologized to the public for sharing unverified information. The defendant's actions were not intended to create fear or panic among the public but were an exercise of his right to inform as a journalist. Therefore, his actions do not constitute the crime of publicly disseminating misleading information under Article 217/A of the Turkish Penal Code. The conviction was incorrect.”
Impact of the Censorship Law
According to MLSA and the Turkish Journalists' Union (TGS), since the enactment of Article 217/A on October 20, 2022, there have been 47 investigations involving 41 journalists based on this law. Ten journalists were detained, and four were arrested. Fifteen journalists faced prosecution, 13 cases were dismissed, and 18 investigations are ongoing.
This decision by the Court of Cassation may influence ongoing and future cases involving the Censorship Law, potentially leading to more favorable outcomes for journalists prosecuted under this legislation.
