Tolga Balcı
Journalism in Turkey has faced various legal restrictions and attacks since the founding of the republic. Under the rule of the Justice and Development Party (AKP), these attacks have been given full legal justification.
A century after the Ottoman Empire imposed censorship on the press, Turkish journalists now face a vaguely defined censorship law. Passed under the pretext of "preventing disinformation," this law came into effect on Oct. 18, 2022, after being published in the Official Gazette.
Commonly referred to as the "Censorship Law" by journalists, its official name is The Law on the Regulation of Publications on the Internet and Combating Crimes Committed Through These Publications. It includes regulations concerning the press, internet, social media, news websites, newspapers, journalists, and child protection.
While it may appear to include positive provisions at first glance, the law has become a judicial tool to pressure journalists, particularly through the charge of "publicly disseminating misleading information." The biggest legal threat to journalism stems from the ambiguous language in Article 29.
This article states that anyone who "publicly spreads false information concerning the country’s internal and external security, public order, or public health with the intent of creating anxiety, fear, or panic among the public" can be sentenced to one to three years in prison. The vague wording of "internal and external security" and "public order" has made this provision highly controversial.
The law faced strong opposition from press organizations and opposition parties when it was first introduced in Parliament. However, despite their efforts, it was passed. The main opposition Republican People’s Party (CHP) later filed an appeal to annul Article 29 at the Constitutional Court, but the appeal was rejected.
Although the government claimed that the law would not target journalism, its first applications have been against journalists. Kurdish journalists and those who use social media to criticize politicians have been particularly affected.
News reports on major disasters in Turkey that expose governmental failures have been classified as "misleading information" under this law. Before the law was enacted, the Presidency’s Directorate of Communications had already established a Disinformation Combat Center. Since the law came into effect, this center has increasingly labeled journalists' reports as "disinformation," leading to legal action against them.
One year after the law’s enactment, 33 journalists have been investigated, six have been detained, and four have been arrested. The most notable case is that of T24 columnist and journalist Tolga Şardan, who was arrested under this law for his article titled "What is in the ‘judiciary report’ presented by MIT to the Presidency?" published on Oct. 31, 2023. Şardan was accused of "publicly disseminating misleading information" and was detained, though he was released on Nov. 6, 2023, following an appeal by his lawyers.
Despite government assurances that journalists would not be prosecuted under the law, it has become one of the biggest obstacles to press freedom in Turkey. Press organizations and civil society groups have staged protests, issued press statements, and lobbied in Parliament, but these efforts have failed to stop the law. Legal support is ongoing for journalists targeted under its provisions.
As long as this article remains in the Turkish Penal Code, journalists will continue to operate under its constraints. The possibility that even an "ordinary news report" could be criminalized has led to widespread self-censorship. The only way for a journalist to avoid prosecution under this law, it seems, is to leave the profession entirely.
By enforcing this law, the government is forcing journalists who do not comply with its version of journalism into unemployment and professional exile. Universal journalism practices in Turkey have effectively been criminalized.
At the time of writing, an operation has been carried out against Halk TV, and one journalist has been arrested. Just last week, seven other journalists were taken into custody. Additionally, some citizens who have defended their right to access news have faced lawsuits under this law.
In response, journalists in Turkey are forming solidarity networks to support colleagues criminalized under this law. Beyond that, little can be done.
