Bianet editor Evrim Kepenek faces trial under 'Censorship Law' for sharing post on aid seizures after earthquakes
The trial of Bianet editor Evrim Kepenek began at the Istanbul 13th Criminal Court of First Instance, where she faces charges of “publicly disseminating misleading information” under the controversial “Censorship Law.” The charges stem from a social media post Kepenek made regarding the seizure of aid tents by the gendarmerie following the February 6 Kahramanmaraş earthquakes.
Kepenek, who is being defended by the Media and Law Studies Association (MLSA), appeared in court alongside her lawyer, Deniz Yazgan Şenay, and was supported by MLSA co-director Veysel Ok and other lawyers. Several journalists and representatives from various organizations, including the TGS Women and LGBTI+ Commission, also attended the hearing.
‘I shared verified information as a journalist’
In her defense, Kepenek emphasized her long-standing career as a journalist and her commitment to ethical reporting. "I am a member of the International Federation of Journalists (IFJ) and a representative of the Istanbul branch of the Journalists' Union of Turkey (TGS). I adhere to journalistic principles focused on delivering accurate information, not sensationalism. My reporting is centered on human rights and preventing further harm, particularly to vulnerable groups like women and children," she said.
Referring to her social media post about aid being seized in Pazarcık, Kepenek noted, "I shared a verified video. The decision to centralize all aid distribution through AFAD was publicly announced by President Erdoğan on February 6. My post was based on this official decision and the resulting actions, not something I fabricated."
‘Public order was not disrupted by my post’
Kepenek further argued that her post did not cause any public disorder, a key element of the charge against her. She stated, "No one reacted violently or disrupted public order as a result of my post. Other journalists received similar footage, which was widely reported. Even members of parliament raised the issue with official inquiries. There was no falsehood or distortion; this is journalism."
Lawyers challenge investigation’s legitimacy
Lawyer Deniz Yazgan Şenay argued that the investigation was flawed from the outset, explaining that it was based on an open-source report rather than initiated by the prosecutor’s office. She also pointed out that the “virtual patrol” authority given to police, which was used to monitor social media, had been annulled by Turkey’s Constitutional Court in 2020. "This is an indictment that should have been dismissed. Only 200 people shared the post, which clearly could not have disturbed public peace," she said, emphasizing that AFAD had been given authority over aid distribution in a 2018 presidential decree.
MLSA presents further evidence of similar cases
MLSA lawyer Fatih Aydın provided examples of national news coverage on the same issue and submitted relevant court rulings, including the acquittal of journalist Sinan Aygül, who was one of the first journalists charged under the "Censorship Law." Aydın noted that several journalists had been investigated for posts related to the earthquake, but most cases were dismissed.
‘Journalists should be thanked, not prosecuted’
Veysel Ok, co-director of MLSA, criticized the authorities for prosecuting Kepenek, stating, "The police are searching through people’s social media in violation of the Constitutional Court’s ruling. Everyone in Turkey knows that aid was not distributed fairly after the earthquake. The role of journalists is to ensure that the public knows where help is needed. Instead of thanking Kepenek, she’s being prosecuted. We demand her immediate acquittal."
The court granted time for the defense to submit the video and presidential decrees mentioned in Kepenek’s post. The trial was adjourned to February 24, 2025.
