Journalists to the Constitutional Court: Cancel the censorship law

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  • 11:43 5 November 2023
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AMED - Representatives of journalistic professional organizations, who called for the cancellation of the "Censorship law" that the Constitutional Court will discuss on November 8, said that the public's right to receive news is prevented by the law.
 
Journalist Tolga Şardan was recently arrested with the "Law on Combating Disinformation", which was accepted by the Parliament on October 13, 2022 and considered as the "Censorship law". Article 29 (Creating panic among the public, sharing untrue information) of the regulation, which was put into effect as a means of suppressing journalists during the earthquake period, and which calls for a prison sentence of 1 to 3 years, has been discussed for a long time. After the current law was published in the Official Gazette, CHP applied to the Constitutional Court (AYM) for the annulment of the law. The law, which is used like a "sword of Damocles" on journalists, will be discussed at the Constitutional Court on November 8. Halk TV reporter Dinçer Gökçe, T24 writer Tolga Şardan and journalist Cengiz Erdinç were detained last week before the legal regulation expected to be discussed in the Constitutional Court. While Gökçe and Erdinç were released, Şardan was arrested.
 
Dicle Fırat Journalists Association (DFG) Co-chairperson Serdar Altan and Media and Law Studies Association (MLSA) Co-Director Veysel Ok evaluated the legal regulation, which has become a tool of pressure on journalists.
 
'THE RIGHT TO RECEIVE INFORMATION HAS BEEN DENIED'
 
Reminding that when the Censorship Law was brought to the agenda, they warned that it would impose serious restrictions on freedom of thought and expression, Altan said: “We did not just warn. We have stated that the state monopolizes disinformation, which will also prevent the public's right to receive accurate news. This is really what happened. Journalists are told 'you will not report correctly'. If you spread false information, it will not cause much of a problem, but if you report correctly, it will come back to you in the form of an investigation, a lawsuit, or even deprivation of your freedom. As a matter of fact, we see this in practice. Finally, the detention and arrest of one of our journalist friends, Tolga Şardan, confirms this."
 
'THE CONSTITUTIONAL COURT MUST CANCEL THE DECISION'
 
Calling on the Constitutional Court to annul the law, Altan said: “If it is not annulled, many things can be done, very bad things will be done, based on this law. They will try to make it so that almost no one can talk about it. It is necessary to stand against this. We expect the Constitutional Court to annul this law as soon as possible."
 
'THE LAW SHOULD BE CANCELLED'
 
Underlining that this law is primarily against the articles of freedom of expression and press in the Constitutional Court, Media and Legal Studies Association (MLSA) Co-Director Veysel Ok said: "It is not a predictable law. The concept of disseminating information in a way that creates panic in the public is a concept that has no legal equivalent. First of all, what is misleading information and who decides whether the information is misleading or not is very important. It is controversial and Turkey is the only country in the Council of Europe that imposes such heavy penalties. This law will be discussed in the Constitutional Court for its annulment on November 8. When we carefully examine the decisions of the Constitutional Court regarding journalism in the past, my expectation is that this law will be annulled. It is clear that this law is against the Constitutional Court. The government does not want a flow of information about important social events from any source other than itself."
 
Reminding the arrest decision given against Tolga Şardan, Ok said: "The purpose of the journalist's arrest after he wrote about the issue discussed within the judiciary was to prevent the society from gaining information.
 
Ok also shared the information that, as MLSA, they sent a letter to the Constitutional Court, requesting that they cancel this law.
 
MA / Müjdat Can