Journalist Hayko Bağdat Fined for Insulting Isbank CEO; MLSA appeals to Constitutional Court

Ali Safa Korkut Journalist and author Hayko Bağdat is appealing a local court's decision after being fined for defamation in a case revolving around a 2018 tweet in which he criticized the CEO of Isbank, Adnan Bali. The controversial post included the phrase, "None of your business, you maniac." Approximately one month after the tweet, Bali filed a complaint against Bağdat, alleging a violation of personal rights. Following an investigation in 2020, the Istanbul 55th Criminal Court of First Instance filed a public lawsuit against Bağdat based on evidence supporting defamation allegations. Bağdat defended his comments during a 2022 court hearing, arguing that his tweet lacked any intention of insult and should be seen as an exercise of his freedom of expression. In April 2023, however, prosecutors countered by seeking a penalty under the offense of "public insult," identifying Bağdat's tweet as defamatory. The case concluded in May with Bağdat's attorney arguing that the tweet was a critique and fell within the bounds of freedom of expression. Despite the defense's claims, the local court ultimately found Bağdat guilty of defamation and fined him 1,740 Turkish Liras. The Media and Law Studies Association (MLSA) has since brought the case before the Constitutional Court (AYM), arguing that the local court's decision infringes on press freedom and freedom of expression as outlined in Articles 25, 26, and 28 of the Constitution and Article 10 of the European Convention on Human Rights (ECHR). The Association is requesting that the court recognize the violation and award Bağdat 100,000 Turkish Liras in compensation for both material and moral damages. The MLSA has also highlighted that the Turkish Language Association (TDK) defines 'maniac' as 'someone who behaves in a surprising or strange manner,' suggesting that the term is not inherently insulting and further supporting their argument for the case's dismissal.