Copyright Protection Shouldn't Undermine Freedom of Speech

The international organization of Reporters Without Borders (RSF) condemned the ban of the MySpace internet site inTurkey, arguing: "Freedom of speech cannot be obstructed by protecting copyright".

"A disproportional penalty like blocking access to an entire website also opens ways to obstruct freedom of speech. It is sufficient to ban only those contents that violate copyright. But the censorship reflex we are condemning right now is common in Turkey".

Removal of violating contents

The Public Prosecutor's Office decided to block access to MySpace and Last FM and also to the Turkish site AkıllıTv.com ('Smart TV). The decision was dated 26 June, access to the websites was blocked with a delay of almost 3 months on 19 September.

Users who wanted to access the sites in the past days came across the following announcement: "Access has been blocked to this site due to a court decision. Access is denied by decision no. 2009/45 of the Turkish Republic Beyoğlu Public Prosecutor's Office, dated 26.06.2009."

RSF reacted to the ban in a written statement on 23 September, referring to the comment of Assoc. Prof. Dr. Yaman Akdeniz, faculty member of the Bilgi University Law Faculty, who emphasized the decision's disproportion and compared it with "methods left from the age of dinosaurs".

The Paris-based organization explained that a judge's decision is necessary for an access ban. The European Convention for Protection of Human Rights and Fundamental Freedoms (CESDHLF) - signed by Turkey as well - is violated if such a decision is taken by a prosecutor.

RSF: France's struggle with copyright

RSF indicated that European countries like France prepare steps towards limiting the internet in order to protect copyright and to fight copyright piracy. "We understand the intention to protect copyright. But the applications result in a limitation of the users' freedom of speech".

RSF urged the Turkish government to amend article 5651 of the Law for Crimes in the Internet Environment in accordance with the European Convention for Protection of Human Rights and Fundamental Freedoms.

Reminding the fact that the global video portal youtube is banned in Turkey since 5 March 2008, RSF also drew attention to the World Press Freedom Ranking issued in 2008. Including 173 countries, Turkey ranges on rank 102.

Forta: Access to MySpace re-opened within a few days

Bülent Forta, chairman of the Association of Interconnected Ownership Right Phonogram Producers (MÜYAP) told bianet: "The complaint was made by us. Intellectual property rights are stolen. We are fighting for our right. We have reached an agreement with MySpace, access to the site will be re-opened within 1 or 2 days. Last FM has not approached us for an agreement". (EÖ/VK)