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The SLAPP suit brought against journalist Canan Kaya is adjourned until April

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The SLAPP suit brought against journalist Canan Kaya is adjourned until April
EYLEM SONBAHAR*
The second hearing of the SLAPP suit brought by the Demirören Media Group against Medya Koridoru’s proprietor and editor-in-chief Canan Kaya whom MLSA represents in court, was held in the Istanbul 39th Civil Court of First Instance. The SLAPP case brought against journalist Canan Kaya whom MLSA represents in court, resumed today in the Istanbul 39th Civil Court of First Instance. In the case, citing Kaya’s news article titled “Demirören yolun sonuna yaklaşıyor: Ziraat Bankası ‘kayyumları’ ne istedi? [End of the road for Demirören: What did Ziraat Bank ‘trustees’ want?]” published on the website of Medya Koridoru, on November 26, 2021 , the Demirören Media Group asks for a compensation of 20,000 TL for “damage of commercial reputation and violation of personal rights.”  Journalist Canan Kaya did not attend the hearing while MLSA lawyer Emine Özhasar was present in the courtroom. The Demirören Media Group’s lawyer Serkan Yalavaç also attended the hearing.  The judge opened the hearing by saying that the Istanbul Chief Public Prosecutor’s Office replied to the writ issued at the previous hearing and stated that the prosecutor’s office is still evaluating the appeal for the non-prosecution decision to be revoked. Kaya's lawyer, Emine Özhasar took the floor and said, “We provided a detailed explanation in our response petition. We do not think it is necessary to wait for the prosecutor’s office’s decision. We request that the case be dismissed.” The court decided to issue another writ to the Istanbul Chief Public Prosecutor's Office to find out if their review of the appeal to the non-prosecution decision given for the criminal complaint filed by Demirören is finalized. The trial is adjourned until 27 April 2023.

Background

Citing Kaya’s news article titled “Demirören yolun sonuna yaklaşıyor: Ziraat Bankası ‘kayyumları’ ne istedi? [End of the road for Demirören: What did Ziraat Bank ‘trustees’ want?]” published on Medya Koridoru, on November 26, 2021, the lawyers of Demirören Media Group claim that Kaya damaged “the commercial reputation” and violated “the personal rights”’ of “a respectable company which serves the public interest.” Including the details of the Group’s investment in the media sector in their petition, the lawyers claim that Kaya’s news report was “purposefully ill-intentioned.” Arguing that the news report reached wide audiences, the lawyers ask for a compensation of 20,000 Turkish Liras for non pecuniary damages but also requests that the news report be removed and the verdict of the court be published in two of the most read newspapers in Turkey as well as on Medya Koridoru.  The lawyers of the Demirören Media Group had also filed a criminal complaint against Canan Kaya for “unfair competition.” After its investigation, the İstanbul Chief Public Prosecutor’s Office ruled not to prosecute Kaya on the grounds that the news report in question is “not against the principle of honesty” and the elements of the offense of “unfair competition were not established.”  On 7 June 2022, at the first hearing of the trial, the court decided to issue a writ to relevant parties so that the listed evidence can be collected; to ask about the writ issued to the Security General Directorate for the investigation of journalist Kaya’s socioeconomic conditions and to ask the Press Council General Secretariat to send a copy of the reprimand decision. At the second hearing of the trial held on 1 November 2022, the judge decided to ask the İstanbul Chief Public Prosecutor’s Office if the decision of non-prosecution for the criminal complaint filed against Kaya is finalized. *This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. The work may be used and redistributed for non-commercial purposes with proper attribution to the Media and Law Studies Association (MLSA).
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Medya ve Hukuk Çalışmaları Derneği (MLSA) haber alma hakkı, ifade özgürlüğü ve basın özgürlüğü alanlarında faaliyet yürüten bir sivil toplum kuruluşudur. Derneğimiz başta gazeteciler olmak üzere mesleki faaliyetleri sebebiyle yargılanan kişilere hukuki destek vermektedir.

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