Top court cancels Communications Directorate’s authority over state-run news agency

* Photo: Anadolu Agency (AA)

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The Constitutional Court has repealed the Presidential Communications Directorate's authority of inspection over the state-run Anadolu Agency's "activities" and "organization and human resources management" as the top court has found this authority contrary to the Constitution.

As reported by Alican Uludağ, after Turkey adopted the Presidential Government System, President and Justice and Development Party (AKP) Chair Recep Tayyip Erdoğan specified the Communications Directorate's scope of authority with the Presidential Decree no. 14.

According to the Article 14 of the Decree about the Anadolu Agency (AA), the Directorate was authorized to sign a contract with the AA for a maximum period of five years and it had the authority to "inspect its activities, budget, organization and human resources management."

The same article also stipulated that "the procedures and principles as to this inspection should be determined by the Directorate and the ways in which the directors of tha Agency were to be appointed should be specified in the contract to be signed" between the parties.

The Republican People's Party (CHP) appealed to the Constitutional Court on the grounds that this legislation was against the Constitution.

'Authority of inspection against Constitution'

Examining the application of the main opposition party, the Constitutional Court has concluded that the Presidential Communications Directorate's authority of "inspection" over the state-run AA's "activities", "organization and human resources management" is against the Constitution.

The top court has repealed the decree's second sentence stipulating that "the procedures and principles as to this inspection shall be determined by the Directorate" and its third sentence stipulating that "the ways in which the directors of the AA shall be specified in the contract to be signed."

'It affects the agency's impartiality'

In justifying the ruling, the Constitutional Court has referred to Article 133 of the Constitution, which reads, "The unique radio and television institution established by the State as a public corporate body and the news agencies which receive aid from public corporate bodies shall be autonomous and their broadcasts shall be impartial."

Within this legal context, the Court has said, "The fact that the activities of the agency are inspected by the directorate within the executive branch and affiliated with the Presidency is incompatible with the agency's autonomy and has the possibility of affecting the publications' impartiality."

Referring to the Communications Directorate's authority to inspect the AA's organization and human resources management, the Constitutional Court has concluded that this authority does not comply with the autonomy of news agencies receiving aid from public corporate bodies guaranteed by the third sentence of the Constitution's Article 133.

According to the top court, this authority "eliminates the agency's freedom to take and implement decisions about its own activities."

The ruling of the Constitutional Court has also noted that the Presidential Communications Directorate was granted the authority to regulate an area with unclear boundaries without putting forward basic principles as to the agency's inspection or drawing a framework in that regard.

The Court has indicated that this situation results in the transfer of the Presidency's power to regulate to the administration.

Directorate cannot set methods of appointment

Examining the Presidential Communications Directorate's authority to "determine the ways in which the Agency's directors are appointed with contracts renewed every year," the Constitutional Court has concluded that this authority "renders the autonomy granted to the AA by the 3rd sentence of Article 133 of the Constitution meaningless." (HA/SD)