Newspaper’s payment of damages to an MP over news 'violated its rights’

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The Constitutional Court has concluded that freedom of expression and press of a Kayseri-based local newspaper has been violated since it has been sentenced to pay damages to Haluk Pekşen, a former MP from the main opposition Republican People's Party (CHP).

According to the ruling published in the Official Gazette, former CHP MPs Haluk Pekşen and Tanju Özcan, the current mayor of Bolu, attended the CHP district congress in Kayseri's Bünyan on March 15, 2016.

Unaware that two MPs would attend the congress, the provincial chair criticized that they had attended the congress without notice. In response to this, Pekşen took the floor and responded to the provincial chair.

The polemic between the two politicians was covered by a local newspaper in Kayseri at different dates. The lead columnist of the newspaper also wrote articles about the issue, one which was titled, "Debate of 'You Would Inform, You Would Not Inform' at Bünyan District Congress".

Arguing that his personal rights were attacked, Haluk Pekşen filed a lawsuit for damages against the newspaper at the Ankara 18th Civil Court of First Instance. Partly accepting the lawsuit, the court ruled that the newspaper should pay 2 thousand lira in non-pecuniary damages.

With the application to the appeals court rejected, the newspaper officials made an individual application to the Constitutional Court.

The top court has concluded that the right to freedom of expression and press, guaranteed by Articles 26 and 28 of the Constitution, was violated. Ruling that the newspaper shall be paid 13,500 TRY in non-pecuniary damages, the Constitutional Court has also ruled that a copy of the ruling shall be sent to the local court to eliminate the consequences of the violation.

'It would prevent discussion on public matters'

According to the Constitutional Court ruling, Pekşen previously argued that he had not uttered the remarks attributed to him in the related news and articles and the local court found him right and accepted the case. The ruling has noted that while the local court based its ruling on the expert examination of the CD which recorded the speech, the party provincial chair, one of the sides of the argument, confirmed the remarks.

Recalling that the newspaper published the statements sent by former CHP MP Haluk Pekşen, the top court has concluded that "when all points are considered together, it needs to be acknowledged that the newspaper acted within its duties and responsibilities and that there is no sufficient evidence proving that the newspaper knowingly tampered with the reality".

The Court has indicated that "imposing a sanction on the newspaper for conveying the allegations to the public by citing sources will prevent a free and open discussion on the issues concerning the public", which will ultimately pose "a serious obstacle to the contribution of the press to the discussions on issues pertaining to the public good".

The top court has found that the local court sentenced the newspaper to pay damages without discussing the evidence enough.

"No fair balance was reached between the protection of freedom of expression and press and the right to dignity and reputation by the first instance court," the Constitutional Court has concluded, adding that "for this reason, the reasons put forward by the court to sentence the applicant to damages cannot be accepted relevant or sufficient for the related intervention in the freedom of expression and press of the applicant". (HA/SD)