MLSA brings GSM operators and BTK's earthquake response to Constitutional Court after dismissal
The Media and Law Studies Association (MLSA) has taken its case to Turkey’s Constitutional Court (AYM) following a dismissal of their criminal complaint against GSM operators and the Information and Communication Technologies Authority (BTK). The complaint was initially filed over the failure of GSM operators to provide reliable service during the February 6, 2023 earthquakes and the BTK's decision to implement bandwidth throttling on social media platforms.
MLSA’s appeal of the dismissal was rejected, prompting the organization to argue in its submission to AYM that citizens’ rights guaranteed by both the European Convention on Human Rights (ECHR) and the Turkish Constitution—including the right to life, fair trial, respect for private and family life, and freedom of expression—had been violated.
Additionally, MLSA highlighted the infringement of constitutional rights such as the right to life, privacy, freedom of communication, freedom of thought and expression, freedom of the press, and the right to seek legal remedy. In light of these violations, MLSA requested 150,000 TL in damages for both material and non-material losses.
What happened?
On February 6, 2023, two massive earthquakes hit the provinces of Kahramanmaraş and Gaziantep, leading to the deaths of over 50,000 people. In the aftermath, GSM operators’ services collapsed, leaving families unable to contact loved ones and citizens unable to coordinate aid through social media. Social media platforms, including Twitter and TikTok, also became a critical tool for trapped survivors to call for help. However, BTK imposed bandwidth throttling on these platforms, significantly hindering communication.
In response, attorney Veysel Ok filed a criminal complaint against the GSM operators for "obstructing communications," "manslaughter through conscious negligence," and "injury by negligence" for their failure to improve services in the days following the earthquakes. Ok also filed charges against BTK officials for the same offenses, citing the bandwidth throttling as lacking both legal and moral justification.
