BESTE ARGAT BALCI
The 2022 Disinformation Law, also referred to as the "Censorship Law," is facing growing criticism for obstructing investigative journalism on sensitive issues such as child abuse. Journalist Sinan Aygül, the first to be prosecuted under the law, warns that it creates significant barriers to exposing cases of abuse and discourages media from reporting on such incidents due to the risk of legal repercussions.
Aygül, who was arrested on Dec. 14, 2022, after sharing social media posts about an alleged sexual assault on a child, was later sentenced to 10 months in prison by the Tatvan Criminal Court of First Instance in February 2023. Though Turkey’s Court of Cassation overturned his conviction in May 2024, he asserts that the law fosters self-censorship among journalists.
Journalists’ freedom curbed under vague criteria
Aygül argues that cases of sexual abuse often rely on allegations in their early stages due to the difficulty of obtaining immediate evidence. "Making a claim public is crucial to bringing attention to abuse and ensuring action is taken," he said. However, the law enables authorities to label such reports as "misleading information," effectively criminalizing journalists.
“Who decides what constitutes disinformation?” Aygül asked. He pointed to the law’s lack of clear criteria, saying it creates a legal gray area that turns journalists into targets for prosecution.
Systemic suppression of abuse cases
Aygül’s lawyer, Diyar Orak, also criticized the Disinformation Law for silencing journalists. Speaking to the Media and Law Studies Association (MLSA), Orak noted, "In a judiciary heavily influenced by the government, we see prosecutors and judges attempting to suppress and conceal abuse cases rather than expose them." Orak called the legislation a censorship tool aimed at covering up stories unfavorable to the government.
Impact on reporting gender violence and child abuse
Fidan Ataselim, general secretary of the We Will Stop Femicide Platform (KCDP), highlighted a decline in media coverage of gender-based violence since the law’s enactment. While attributing this trend directly to the law remains challenging, she observed that journalist arrests and detentions related to child abuse reports have created significant obstacles for women’s rights groups.
"Child abuse cases are already difficult to uncover, as perpetrators often find ways to hide evidence," Ataselim said. "The Disinformation Law has added a legal barrier, making it even harder to share or access information." She also mentioned encountering access bans and content removal orders years after publishing information about such cases.
A chilling effect on journalism
Aygül, who has been arrested three times for reporting on child abuse, said the law has instilled fear in journalists. "I now have to think twice before publishing anything. But if we hesitate, abuse cases are buried, and victims’ voices remain unheard."
The law’s chilling effect undermines public awareness and justice in child abuse cases, Aygül emphasized, adding that such stories are crucial in sparking societal outrage and pressuring authorities to act.
