- The personal rights lawsuit filed by Milat Newspaper Ankara Representative Özlem Doğan due to the expressions “charlatan, cunning hitman” used by journalist Onur Öncü on X was rejected.
- The court found the request for condemnation and publication of the decision not legally possible.
- Plaintiff Özlem Doğan was sentenced to pay 45,000 TL attorney’s fee and litigation expenses.
MLSA - The personal rights lawsuit filed due to the expressions “charlatan, cunning hitman” used in a post by journalist Onur Öncü on X (formerly known as Twitter) was rejected. The court ruled that it is not legally possible for the plaintiff party to request only a condemnation and publication of the decision without demanding non-pecuniary damages.
Journalist Özlem Doğan, Ankara representative of Milat newspaper, filed the lawsuit stating that the expressions used in the post dated October 10, 2021, constituted an attack on her personal rights. The plaintiff's attorney reminded that Onur Öncü was convicted of insult due to the said posts at the Istanbul 29th Criminal Court of First Instance, and that this decision had become final, and requested, under Article 58/2 of the Turkish Code of Obligations, the condemnation of the defendant and the publication of the decision.
Journalist Onur Öncü was represented by attorney Emine Özhasar from the MLSA Legal Unit. Özhasar argued that the post was a harsh professional criticism made in the context of a current and political debate. The defense attorney Özhasar, stating that the plaintiff is a journalist known to the public, emphasized that public figures are expected to tolerate harsh criticism within the scope of freedom of expression. She noted that the criminal court’s decision would only bind the civil judge in terms of the material facts, and that the assessment of unlawfulness and freedom of expression was at the discretion of the civil court.
The court referred to the conviction for insult issued against journalist Onur Öncü by the Istanbul 29th Criminal Court of First Instance, which became final on July 2, 2025. However, the court stated that, under Article 58 of the Turkish Code of Obligations, remedies such as condemnation and publication of the decision can only be applied at the discretion of the judge within the scope of a non-pecuniary damages lawsuit. Therefore, it ruled to reject the lawsuit on the grounds that the plaintiff cannot directly request a condemnation decision without demanding non-pecuniary damages.
With the ruling, plaintiff Özlem Doğan was sentenced to pay 45,000 TL in attorney’s fees and litigation expenses. The decision is open to appeal.
The court announced the reasoned decision regarding the rejection of the case on December 16, 2025.
