Nalin Öztekin
Journalist Yüsra Batıhan has been sentenced to 10 months in prison for sharing news stories on social media regarding the 2023 earthquakes in Kahramanmaraş, Turkey. The court found her guilty of "publicly disseminating misleading information," citing her posts as a disruption to societal peace.
The case stems from Batıhan’s social media posts on the platform X (formerly Twitter), where she shared articles published by the Mezopotamya Agency. These included reports titled "Bodies are being buried, the state is unaware" and "30 containers sent by the HDP for earthquake victims were seized." The posts criticized the government’s handling of relief efforts in Hatay, one of the regions devastated by the earthquakes.
The trial, held at the Ankara 75th Criminal Court of First Instance, concluded with the court ruling that Batıhan’s posts violated Article 217/A of the Turkish Penal Code, which criminalizes the dissemination of "false information" capable of disturbing public peace.
Prosecutor claims posts harmed "public order"
During the hearing, the prosecutor argued that Batıhan’s posts contained "false and misleading information that could instill fear and anxiety among the public, thereby disrupting societal peace and public order." The prosecutor also cited the fact that Batıhan made two separate posts as grounds to apply "chain offense" provisions, calling for a stricter penalty.
Defense emphasizes accuracy of reports
Batıhan did not attend the hearing, but her lawyer, Onur Ardık, was present. Ardık argued that the accusations lacked merit, stating:
“First, for the alleged offense to exist, the shared information must be false. However, the content of these posts is true. The seizure of the containers by AFAD (Turkey’s Disaster and Emergency Management Authority) indeed happened, as did AFAD’s inability to provide aid for an extended period after the earthquake. The charges fail to meet the legal requirements of the alleged crime. We request my client’s acquittal.”
In response to the prosecutor’s arguments, Ardık stated that the indictment did not present concrete evidence to support the claims of harm to public order. He also noted that two years had passed since the posts were made, during which no actual disturbance to public peace occurred. Additionally, Ardık emphasized Batıhan’s role as a journalist, arguing that her posts fell within the boundaries of legitimate reporting.
Court issues reduced sentence
The court found Batıhan guilty of the alleged offense and initially sentenced her to one year in prison. However, the sentence was reduced to 10 months under Article 62/1 of the Turkish Penal Code, which allows for discretionary reductions based on mitigating circumstances. The court deferred the announcement of the verdict, meaning the sentence will not be enforced unless Batıhan reoffends during a probationary period.
Legal framework and criticism
Batıhan’s prosecution falls under Turkey’s controversial "disinformation law," also referred to as the "Censorship Law," which was enacted in 2022. The law has been widely criticized by rights groups and international organizations for stifling press freedom and criminalizing dissent.
The February 6, 2023 earthquakes, which were centered in Kahramanmaraş and claimed over 53,000 lives according to official figures, exposed significant shortcomings in the government’s disaster response. Reports of inadequate and delayed relief efforts sparked public outrage and widespread criticism, leading to increased scrutiny of those sharing critical accounts.
This case is one of many in which journalists and social media users have faced legal action for their reporting or commentary on the earthquakes and the government's handling of the aftermath. Rights groups argue that such cases are part of a broader crackdown on press freedom in Turkey.
Next steps
Following the verdict, Ardık announced plans to appeal the decision, asserting that Batıhan’s posts are protected under the right to freedom of expression and press freedom. The case is expected to move to a higher court for further review.
