July 5, 2024
Batıkan Erkoç
Necdet İpekyüz, a member of the Radio and Television Supreme Council (RTÜK), has publicly opposed the council’s decision to fine and suspend programs on Açık Radyo for using the term “Armenian genocide.” İpekyüz emphasized that RTÜK’s role is not to make judgments on historical matters and asserted that the use of the term falls under freedom of expression, making the decision a violation of the Constitution.
In a dissenting opinion, İpekyüz criticized RTÜK’s punishment of Açık Radyo for using the term "Armenian genocide" during an April 24 broadcast. He argued that as a constitutional body, RTÜK must respect and protect the freedom of expression enshrined in the Constitution. He stated, “A council that does not respect the Constitution cannot derive its authority from it.”
Referencing the Constitutional Court's decision on İlker Deniz Yücel, İpekyüz argued that the term “Armenian genocide” should be considered within the scope of freedom of expression. He noted that the council did not provide sufficient justification for the program suspension, thus opposing RTÜK's decision.
Background
On April 24, 2024, during the "Açık Gazete" program on Açık Radyo, the term “Armenian genocide” was used to describe the mass deportations and killings of Armenians during the Ottoman Empire. RTÜK imposed a fine and a five-program suspension on the radio station, claiming the program incited hatred and hostility.
Despite this, Açık Radyo continued broadcasting, leading RTÜK to announce on July 4 that the decision had been electronically notified on May 31. Due to non-compliance, RTÜK stated that Açık Radyo's license was revoked in accordance with regulations.
