Deniz Tekin
A Turkish court has justified journalist Yüsra Batıhan’s 10-month prison sentence under the controversial "censorship law" by stating that her social media posts, made without consulting authorized officials, could not be considered journalistic activity.
The Ankara 75th Criminal Court of First Instance issued its reasoning for convicting Batıhan under Article 217/A of the Turkish Penal Code (TCK) for "publicly disseminating misleading information." The court ruled that Batıhan’s posts, which quoted her own news reports about the February 6, 2023, earthquakes in Turkey, did not fall within the scope of press freedom because she did not verify the information with official sources.
Court cites lack of verification as grounds for conviction
The ruling referred to a previous decision by Turkey’s Court of Cassation’s 8th Criminal Chamber, which overturned the conviction of journalist Sinan Aygül under the same article. However, the lower court used this precedent as grounds to justify Batıhan’s punishment.
The court stated:
"When evaluating the case, it is clear that the defendant made the posts in question following the earthquake disaster that affected 10 provinces. While she claims to have exercised her freedom of the press, she failed to disclose her news sources, did not consult authorized officials, and did not verify whether the information was incomplete or incorrect. Therefore, her posts cannot be considered journalistic activity or protected under press freedom. Instead, it is concluded that she acted solely with the intent to create fear, anxiety, or panic among the public, warranting a conviction."
Batıhan has become the fourth journalist to be convicted under the so-called censorship law. She has appealed the 10-month prison sentence.
Background: Posts that led to the case
Batıhan’s case stems from her social media posts citing two articles published by Mezopotamya Agency (MA) on the aftermath of the earthquakes in the southern province of Hatay: "Bodies are being buried, and the state is unaware" and "30 containers sent for earthquake victims by HDP were seized."
Her posts, which authorities deemed criminal, included:
- "Since February 6, @efekanakyuz has been photographing the rubble in Hatay. People are burying their dead, but the state is unaware. AFAD is blocking the press and inciting the public against us. People are angry at the state. Erdoğan cannot face the public here."
- "According to HDP Crisis Coordination Center data, four aid trucks, 1,500 tents, and 30 containers sent for earthquake victims were seized by AFAD and police. One truck was sent back from Adana, and another truck of aid supplies was also confiscated."
On Jan. 21, during the final hearing at the Ankara 75th Criminal Court of First Instance, Batıhan was sentenced to 10 months in prison. However, the court ruled to suspend the announcement of the verdict, meaning she will not serve time unless she commits another offense within a set probation period.
