MLSA takes access ban on KAOS GL to Turkey's Constitutional Court

MLSA takes access ban on KAOS GL to Turkey's Constitutional Court

 

The Media and Law Studies Association (MLSA) has filed an individual application with Turkey’s Constitutional Court over the blocking of access to the website and all social media accounts of the country’s oldest and largest LGBTI+ rights organization, KAOS GL. The group argues that the ban, enacted in June, violates freedom of expression and the press and constitutes a serious blow to pluralistic media in Turkey.

In its petition, MLSA’s legal unit said the ban was politically motivated, imposed under the government’s declared “Year of the Family” and coinciding with Pride Month. It called the move discriminatory and claimed it aimed to silence all LGBTI+ individuals in Turkey by cutting off their only independent news source.

The access block affects KAOS GL’s main news site, kaosgl.org, which has been operating since 2007, as well as its Instagram, Facebook, and X (formerly Twitter) accounts — including the @KaosGL account, which had more than 46,500 followers. The ban was ordered by the Istanbul Chief Public Prosecutor’s Office and implemented by two separate Criminal Judgeships of Peace on June 23 and 26, citing Article 8/A of Turkey’s Internet Law, which allows authorities to block content in “urgent” situations to prevent potential crimes.

According to the application, the only existing LGBTI+ news platform in the country was shut down as a result, leaving a major information gap and creating risks for the LGBTI+ community, particularly in accessing reliable information about their rights and health.

'Virtual patrol' report cited despite court ruling

The ban was based on a so-called “virtual patrol” report compiled by the Istanbul Provincial Security Directorate, which surveilled the organization’s online activity despite the Constitutional Court previously annulling the legal basis for such patrols. The report flagged KAOS GL’s coverage of Trans Pride Week events in June but did not specify how the posts constituted a criminal offense.

Despite the earlier annulment of Article 9 of the Internet Law — which allowed for content removal on the grounds of protecting personal rights — authorities instead invoked Article 8/A, which permits emergency action in cases threatening public order, national security, or public health. The Constitutional Court ruled in 2023 that this article also violates press freedom and called on the Turkish parliament to amend the law. However, lawmakers have yet to act.

“An attack on LGBTI+ freedom of expression”

MLSA Co-Director and attorney Veysel Ok described the ban as a direct violation of the right to access information, organize, and express oneself for all LGBTI+ individuals in Turkey. “KAOS GL is the only platform in Turkey dedicated to LGBTI+ news. Blocking it means silencing an entire community,” Ok said, calling on the Constitutional Court to issue an injunction to stop what he described as an unlawful and discriminatory practice.

The MLSA legal team emphasized that KAOS GL’s archive goes beyond current news, containing over 33,000 reports, 6,500 opinion columns, and nearly 200 political cartoons, all chronicling the modern LGBTI+ rights movement in Turkey. “By blocking access, the government is erasing the collective memory of that struggle,” the petition stated.

A political decision made during Pride Month

MLSA argued that the timing of the ban — both during the government-declared “Year of the Family” and Pride Month — further suggests a politically and ideologically driven motive. The “Year of the Family” has seen top officials make public statements targeting LGBTI+ communities, the group noted.

The association also warned of a chilling effect, arguing that “the freedom of expression of a segment of society cannot be suspended simply because their views differ from those of the majority.” Citing the European Court of Human Rights’ Handyside v. United Kingdom ruling, the legal team emphasized that freedom of expression includes not only accepted or neutral opinions but also those that “offend, shock, or disturb.”

Broader implications for press freedom

The case adds to a growing list of instances where Turkey’s Article 8/A has been used to block content — including recent bans on social media posts about the music group Manifest and a music video by pop singer Mabel Matiz. Critics argue that the article is increasingly used as a tool of censorship under vague justifications such as “national security.”

MLSA’s application to the Constitutional Court includes a request for an interim measure to lift the access ban on kaosgl.org and associated accounts. The group insists that without this platform, LGBTI+ people in Turkey are left without representation in the media, and public awareness of rights violations against them suffers as a result.

MLSA concluded by stating: “The blocking of Turkey’s only LGBTI+ news platform creates a significant void in democratic life and the press.”

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Medya ve Hukuk Çalışmaları Derneği (MLSA) haber alma hakkı, ifade özgürlüğü ve basın özgürlüğü alanlarında faaliyet yürüten bir sivil toplum kuruluşudur. Derneğimiz başta gazeteciler olmak üzere mesleki faaliyetleri sebebiyle yargılanan kişilere hukuki destek vermektedir.