MLSA files constitutional appeal over fine given to journalist Neşe İdil for insulting ex-minister Derya Yanık
The Legal Unit of the Media and Law Studies Association (MLSA) has filed an individual application with Turkey's Constitutional Court (AYM) on behalf of journalist Neşe İdil, who was fined for allegedly insulting former Family and Social Services Minister Derya Yanık in a social media post.
Neşe İdil, who has worked as an editor for several national media outlets since 2014, was fined 14,160 Turkish lira (approximately $500) for calling Yanık a “clown” in a post on social media. The court suspended the announcement of the verdict, placing her under a five-year probation period, after which the charges will be dropped if she does not commit another offense.
In her defense, İdil argued that her post was a form of political criticism, mainly aimed at Turkey’s decision to withdraw from the Istanbul Convention. Turkey, which played a key role in drafting and was the first signatory of the convention aimed at preventing violence against women, withdrew from the treaty by presidential decree in 2021. The withdrawal sparked widespread condemnation from women’s rights organizations in Turkey and around the world. İdil’s social media post was part of her criticism of this decision.
MLSA’s appeal highlighted that the suspended sentence leaves İdil under constant threat of punishment, deterring her from exercising her constitutionally protected rights to freedom of expression and press. The appeal emphasized that this decision infringes on İdil’s rights, as protected by Articles 25, 26, and 28 of the Turkish Constitution, which safeguard the freedoms of thought, expression, and the press. It also referenced similar rulings from the Constitutional Court and the European Court of Human Rights (ECHR), both of which have previously recognized the negative impact of such probationary measures on freedom of expression.
The appeal further pointed out that the fine imposed on İdil was below the threshold required for an appeal to a higher court, thereby depriving her of the right to challenge the verdict. This, according to the MLSA, violates her rights to legal recourse and a fair trial, guaranteed by the Constitution’s Article 36.
Regarding the "clown" remark, both the prosecution and the lower court cited rulings from the Court of Cassation, which have classified the term as an insult. However, the appeal noted that the specific rulings were not cited in detail, violating İdil's right to a reasoned verdict.
In summary, MLSA’s application argued that İdil’s fundamental rights were infringed, and that the sentence violates the freedom of expression enshrined in both the European Convention on Human Rights and the Turkish Constitution.
Background of the case
The charges against Neşe İdil stemmed from a July 26, 2023 social media post in which she criticized Family and Social Services Minister Mahinur Özdemir Göktaş, who had made a statement claiming that some women no longer wanted the enforcement of Law No. 6284, a key domestic violence protection law. İdil shared the tweet, adding: “First, you don’t represent us women. Second, anyone would be ashamed of spouting this many lies. That clown Derya Yanık is gone, now you’ve taken her place, oh God.”
Following a complaint by Derya Yanık, who had been the target of the insult, a criminal indictment was filed in 2023. The 8th Istanbul Criminal Court of First Instance sentenced İdil for “insulting a public official through a voice, written, or visual message,” issuing her a judicial fine of 14,160 TL. The court, however, suspended the announcement of the verdict, placing İdil under a five-year probationary period. If she commits no offense during this time, the case will be dropped.
