Constitutional Court: Broadcast Ban Violates Freedom of Expression and Press

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The Constitutional Court has pronounced its ruling on a broadcast ban previously imposed on news about the Parliamentary investigation committee that was established to inquire the allegations of corruption and bribery about former ministers Mehmet Zafer Çağlayan, Muammer Güler, Egemen Bağış and Erdoğan Bayraktar.

Announcing its verdict in response to an appeal by Halk TV channel, the Constitutional Court has concluded that the broadcast ban in question has violated "freedom of press" and "freedom of expresion".

After the allegations of bribery and corruption were reported in the press after the operations of December 17-25, 2013, four minister resigned and an investigation committee was established in the Parliament to investigate the allegations. However, upon the application of the Speaker's Office, the Ankara Chief Public Prosecutor's Office imposed a broadcast ban "in order to prevent any violations of presumption of innocence and to protect confidentiality of the investigation" on November 21, 2014.

The Halk Radio and Television Inc. objected to this ban. As its objections remained inconclusive, the channel appealed to the Constitutional Court.

'Freedom of expression and press violated'

In the justification of the verdict unanimously given by the Court, the related Parliamentary investigation is referred to as "criminal proceedings". That being that case, the Court has commented, "It has been seen that the Law pledged as the basis for the ban does not have any provisions foreseeing a precautionary broadcast ban in ongoing criminal proceedings".

Accordingly, the Constitutional Court has concluded that broadcast ban in question "violated the freedom of expression and press guaranteed by the Articles 26 and 28 of the Constitution". (RT/SD)

* Photograph: Anadolu Agency (AA)