‘Will Judges Explain to Journalists What News is?’

Click to read the article in Turkish

Justice and Development Party (AKP) has sent the draft of its Judicial Reform Package to the Nationalist Movement Party (MHP) and main opposition Republican People's Party (CHP).

While the package foresees amendments to 15 laws in total, it also plans to add the following expression to the Anti-Terror Law (TMK): "Expression of opinions that do not overstep the boundaries of giving news or that have the aim of criticism does not constitute a crime".

Speaking to bianet about the issue, human rights and Constitutional legist Asst. Prof. Kerem Altıparmak says,

"They amended the Articles 301 and 218 of the Turkish Penal Code (TCK) before, but nothing has changed. People have kept on standing trial.

"In fact, if the related expression in the Article 7/2 of the TMK penalizes the news and comments made to this day, then, all existing investigations or prosecutions need to be reviewed. Because, according to the law, all investigations should have ended in acquittal".

Indicating that the expression in question does not amend anything in the law, Altıparmak refers to it as "an amendment that does not say anything and does not have any result" and continues as follows:

'How will the boundaries of news be determined?'

"The amendment shows that the political authority has a tendency in that direction. The law should have been attributed a meaning that would urge that no one would be put on trial for freedom of thought and expression or it should have been completely abolished. But, it was not done. If the amendment is adopted, how will the boundaries of news and commentaries be determined? Will judges explain it to journalists?

"For example, you made news about the statement of a terrorist organization and they filed a lawsuit against you as per the Article 7/2 of the TMK. How will I explain or prove that it is a news report? It is something that happened and ended. Was it worthy of reporting? After you make news on it, will the state tell you 'Prove me that it is a news'?

'Amendment will not prevent trials'

"Despite the current law and the amendment, the state can and will ask, 'Why did you report it?'. The state can already accuse people, saying, 'As you are reporting it, there must be something else in the background'.

"But, the following could have been done: An expression referring to the incitement of somebody else's terrorist action could have been added to the related article and only this expression could have been deemed as constituting a crime. But, they did not do it.

"Think about the statements of Academics for Peace or Özgür Gündem trials... Was the analysis that I mention made in these trials? Is there any incitement of crimes? No. But, they still stood trial and, with this amendment, similar incidents will still be tried. The amendment does not prevent it. If the previous article does not prevent it, the new one will not, either.

'Adding a sentence to law doesn't change the result''

"I am not a journalist, but I am a social media user. Last year, 24 thousand people were put on trial on the ground that they committed the crime of propaganda and some of them were penalized. What will happen to them?

"The judiciary in Turkey cannot be thought separately from its relation with the politics. Adding a sentence to the law does not change the result. If the amendment in question is passed, it will be the seventh amendment introduced to the Article 7/2 of the TMK.

'You should either remove the law or the ambiguity'

"If you really want to prevent violations, you will either abolish the law or eliminate its ambiguity. I think, the amendment adopted in 2013 was beyond abolishment, when compared with its prior version. If you do not abolish it, its current form is adequate. If the law had really been enforced, more than five lawsuits should not have been filed last year. But, it is not enforced.

"It depends on the conjecture in Turkey to a certain extent. With this change, it can be seen that the number of investigations will fall in six or seven months, but there is no guarantee for the periods to come. I compare it to dressing a wound. They put the bandage on the wound for three seconds, they remove it when they want and the wound keeps bleeding."

(HA/SD)