Eylem Sonbahar
Journalist Nagihan Yılkın has been fined 7,080 Turkish Liras following a complaint by the then Governor of Gaziantep, Davut Gül, now the Governor of Istanbul, for "insulting a public official." The court acquitted journalist Mustafa Büyüksipahi in the same case.
The fourth hearing of the case, initiated over an article titled “Criminal complaint against Gaziantep Governorship: Corruption and bribery network revealed” published on the Cumhuriyet newspaper's website on March 15, 2022, was held at the Istanbul 2nd Criminal Court of First Instance. Davut Gül and the journalists did not attend the hearing, but their lawyers were present. The prosecutor reiterated the opinion he had stated on July 13, 2023.
'News corresponds to visible reality'
Following the statement of Gül's lawyer, Mehmet İnal, who reiterated their ongoing complaints, the journalists' lawyer, Özge Naz Akkaya, argued that the news story in question met the four criteria set by the Supreme Court of Appeals and fell within the scope of legal conformity. Akkaya stated, "The complaint petition of Sedat Sağır, a partner in the company awarded the tender, which is recorded by the Gaziantep Chief Public Prosecutor's Office, was presented to the public without any commentary. The news, therefore, corresponds to visible reality. The Constitutional Court has expressed that it would be burdensome to require journalists, like prosecutors, to prove the truthfulness of a statement."
'Public interest involved'
Akkaya continued, emphasizing that the subject of the news was the governorship institution and the then Governor of Gaziantep, Davut Gül: "The content of the news is not related to Davut Gül's personal and private life but concerns a public tender that had negative outcomes, thus involving public interest. A press release made subsequently by the governorship was shared in the same manner. The aim is to perform the journalism profession. Since the act of my client, Nagihan Yılkın, is considered within the scope of reporting news and legally justified, we request an acquittal."
Akkaya, reminding of the changes made in the Press Law, argued that the editorial director's criminal responsibility has been removed and requested the acquittal of journalist Mustafa Büyüksipahi as well.
After a break, the court announced its decision, finding journalist Nagihan Yılkın guilty of "insulting a public official" and imposing a fine of 7,080 Turkish Liras. However, journalist Mustafa Büyüksipahi was acquitted on the grounds that the act attributed to him was not defined as a crime under the law.
