Top administrative court annuls ban on filming police officers during protests

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The Council of State has given its final decision regarding the application of The Journalists' Union of Turkey (TGS) about the banning of the audio and video recording of police officers during public events and annulled the relevant police circular.

The TGS had appealed to the Council of State last year (May 2021) and requested the stay of execution and the annulment of the circular of the Directorate General of Security which bans audio and video recording of police officers during protests and demonstrations.

In November 2021, the 10th Chamber of the Council of State unanimously halted the execution of the police circular.

Council of state, the plenary session of the chambers for administrative cases gave its final decision yesterday (May 9, rejecting the appeals of the Minister of Interior and General Director of Security of Turkey, the Council of State annulled the circular.

TGS announced the decision from its official Twitter account with the message "The Press is free and shall not be censored, Journalism cannot be stopped"

What happened?

The Directorate General of Security, on April 27, 2021, issued a circular that bans recording voices and images at demonstrations. The Progressive Lawyers Association (ÇHD) İstanbul Branch revealed the circular issued by the signature of Director General of Security Mehmet Aktaş.

With this circular, the police have been instructed to prevent the people who capture the images or voices of police officers during demonstrations and to take legal action against the related people.

The circular has argued that posting the recorded voices and images of police and civilians "violates the privacy of private life", adding that capturing voices and images prevents the fulfillment of duty as well.

Various bar associations and non-governmental associations, TGS and Republican People's Party (CHP) had appealed to the Council of State and requested the stay of execution and the annulment of the circular.

In its statement about its application, the TGS underlined that the related circular targets citizens and journalists and interferes with freedom of expression as well as press freedom.

The statement of the TGS had raised concerns that "since the very first days when it was issued, the circular has been used against journalists." It has also noted that "a restriction that shall be imposed by law, as stipulated in the Constitution, has been imposed by a circular." Accordingly, the TGS underlined that it "constitutes a usurpation of functions." (HA/TB/VK)