MLSA - In a recent development, the Istanbul Chief Public Prosecutor's Office has decided not to pursue charges against the websites ensonhaber.com and takvim.com, which were accused of targeting DEM Party MP Cengiz Çandar in their news stories, according to an announcement by the Media and Law Studies Association (MLSA), who represent the deputy. The prosecutor classified these news reports, which led to threats against Çandar, as falling within the scope of "freedom of expression."
The Press Crimes Investigation Bureau of the Istanbul Chief Public Prosecutor's Office concluded its investigation into allegations of "insult" against ensonhaber.com and takvim.com. These websites had used a speech made by Çandar in the Turkish Grand National Assembly (TBMM) to target him. The inquiry focused on whether the contents of the news stories, published on November 21, 2023, on both websites, constituted the crime of "insult."
The decision not to prosecute emphasized that the crime of "insult" is intended to protect individuals' honor, dignity, and reputation in society and requires the behavior to be demeaning. References were made to the jurisprudence of the Supreme Court of Appeals and Article 10 of the European Convention on Human Rights (ECHR), which deals with freedom of expression. The decision highlighted the need to draw boundaries for freedom of expression and to evaluate each incident separately.
In his assessment, the prosecutor underscored the importance of freedom of expression as a cornerstone of a democratic society, emphasizing the values of pluralism, tolerance, and open-mindedness. Consequently, the prosecutor argued that the news stories on ensonhaber.com and takvim.com remained within the limits of press and freedom of expression, leading to the decision that no prosecution was warranted.
