Experts warn that the proposed "Influence Agency" provision in Turkey's new judicial package could severely undermine independent journalism and democracy. The controversial bill, criticized for its vague definitions, is seen as an extension of the disinformation law, potentially targeting journalists and civil society organizations
By Elif Akgül
The proposed "Influence Agency" provision in the 9th Judicial Package, set to be presented to the Turkish Grand National Assembly (TBMM) after Eid al-Adha in June, has sparked controversy. This addition to the Turkish Penal Code (TCK) under the espionage section is drawing criticism from media freedom and legal experts.
Speaking to the Media and Law Studies Association (MLSA), press freedom organizations and lawyers expressed concerns about the draft bill, which they warn could affect journalists and civil society organizations. The specifics of the provision remain uncertain, further raising alarm.
Political opposition
On May 21, CHP leader Özgür Özel criticized the draft during a CHP parliamentary group meeting, stating, "I warn you now, either withdraw this law or you will shoot this disgraceful film with Putin."
According to a May 22 report by ANKA, the provision will be revised before being submitted to parliament. The report mentions that legal experts have criticized the draft for violating the principle that crimes must be clearly defined in law, prompting a demand for clarification.
What is the provision and why is it controversial?
On May 6, TRT reported that the new package would introduce "a new type of espionage," aiming to deter and prosecute these crimes and to prevent foreign intelligence operations in Turkey. Yeni Şafak subsequently detailed that "influence agency" would target those working for foreign states to sway public opinion against Turkey.
ANKA later published the draft text, indicating that those conducting research or activities detrimental to state security or in alignment with foreign strategic interests could face imprisonment. This includes actions jeopardizing state military preparedness. Prosecutions under this provision would require the Justice Minister's approval.
Expert opinions
Legal experts in Turkey view the proposal as an extension of the controversial disinformation law. Law professor Yaman Akdeniz warned that, similar to disinformation crimes, the "influence agency" offense could be applied arbitrarily. Lawyer Baran Kaya echoed this sentiment, noting that the disinformation law was intended to address serious societal issues but has been used primarily against journalists.
Prof. Dr. Akdeniz emphasized the potential for targeting media and civil society organizations receiving foreign funding. The main issue, he noted, is the vague definition of the crime, which violates the principle of legal certainty—a law must be understandable even to non-lawyers.
Impact on independent journalism
Paris-based Reporters Without Borders (RSF) warned that the broad and ambiguous nature of the draft could easily be used to target any journalist deemed inconvenient by authorities. RSF Turkey Representative Erol Önderoğlu highlighted that the regulation could undermine independent journalism, especially that supported by international cooperation and funding.
Ayşe Düzkan of the DİSK Press Union described "influence agency" as a uniquely bizarre crime, aimed at restricting social media, which has become a critical news source. Düzkan cautioned that equating the government's interests with the nation's welfare could criminalize criticism of government actions.
Banu Tuna, Secretary General of the Journalists' Union of Turkey (TGS), warned that the draft could accuse journalists of influence agency for critical reporting. She pointed out that in Turkey, the line between state and government interests has nearly vanished, potentially prioritizing government benefits over public interest.
Similar legislation in repressive regimes
The "influence agency" law is not unique to Turkey. There are similar laws in other repressive countries. Journalist Gökçer Tahincioğlu, writing for T24 on May 9, criticized the provision as a tool used by authoritarian regimes to suppress civil society and individuals with foreign ties. DEVA Party Istanbul MP and Deputy Chairman Mustafa Yeneroğlu similarly condemned the bill, comparing it to draconian laws imported from Russia.
As the debate continues, experts and opposition leaders stress the severe threat this provision poses to democracy, freedom of expression, and independent journalism in Turkey.
