bianet's women-LGBTI+ editor Kepenek faces legal action over earthquake-related post

The İstanbul Public Prosecutor's Office has prepared an indictment against Evrim Kepenek, the women-LGBTI+ news editor at bianet.

Prosecutor Hakan Aksoy accuses Kepenek of spreading 'misleading information to the public' or disinformation under Article 217/A, added to the Turkish Penal Code (TCK), known as the censorship law.

The basis for the case is Kepenek's social media post regarding the seizureby the gendarmerie of aid sent to Pazarcık after the February 6 earthquakes in Maraş.

Prosecutor Aksoy seeks a sentence of 1 to 3 years of imprisonment for Kepenek, who wrote, "In Maraş Pazarcık, gendarmerie seized aid tents, saying 'all aid will be made through the AFAD (the Disaster and Emergency Management Presidency).' Update: Many aid tents in the field are being confiscated," and shared a video related to the incident.

Maraş Pazarcık'ta yardım yardım çadırlarına jandarma el koymuş, "tüm yardımlar AFAD üzerinden yapılacak" denmiş. Güncelleme: Alandaki bir çok yardım çadırına el konuluyormuş. pic.twitter.com/wUwHanNQoz

— Evrim Kepenek (@kepenekevrimm) February 15, 2023

"Shared a post that could deeply affect the public"

In the indictment, Prosecutor Aksoy attempted to legitimize the vague charge of 'publicly spreading misleading information,' left ambiguous in the Turkish Penal Code (TCK).

Aksoy emphasized that the crucial aspect of the offense of spreading false information publicly is the dissemination of inaccurate information in a way that can be perceived by an unspecified number of people. He stated, "For the offense to occur, it is not necessary for the false information to disturb public peace. It is sufficient for it to be conducive to disturbing public peace."

He then mentioned, "It is understood that the suspect, by making statements indicating that earthquake aid was seized, shared a post that could deeply affect the public regarding the earthquake disaster and was conducive to disturbing public peace." Prosecutor Aksoy asserted that the legal elements of the offense were fulfilled and requested the punishment of Kepenek.

The İstanbul 13th Criminal Court of First Instance has accepted the indictment and scheduled the first hearing for September 23, 2024.

bianet editor Evrim Kepenek provides statement to prosecutor in 'disinformation' probe

3 November 2023

Kepenek: "Disheartening to be in spotlight due to lawsuits rather than for my news stories"

Speaking about the case, Evrim Kepenek criticized the disinformation law, saying, "Since the enactment of the disinformation law, I have been in the headlines more for the investigations and lawsuits opened against me than for my news stories."

Expressing the belief that journalists should exist solely through their news production, Kepenek stated, "Unfortunately, in Turkey for some time now, a new form of existence has developed with the lawsuits and investigations opened against us. I do not accept this form of existence." She mentioned that she is a journalist who prefers her name to be associated only with her news stories.

She then added, "What has been done to me and many other journalists recently is judicial harassment through the 'disinformation law.' I hope that this harassment will come to an end soon." Kepenek continued as follows:

I learned that the investigation initiated against me for a post related to the earthquakes on February 6 has turned into a case.

During that period, when we were all emotionally affected, I received a video from inside a cemevi in Hasankoca neighborhood in Pazarcık, and it was sent by a female friend. In the video, the gendarmerie had come to the cemevi and halted the aid efforts. There was a commotion. I shared this video based on the information I received, stating, 'From now on, AFAD will distribute the aid; this information has been given, and the aid is being confiscated.'

This situation has already been reported in many places. This is genuine information. I provided my statement to the prosecutor in line with this fact. There is a video depicting the moment of the incident, what more can there be?

The news is accurate and relevant to the public. They have chosen to file a lawsuit against me. With all the corruption, child abuse, male violence legal cases they could focus on, they have opted to spend their time and efforts dealing with my social media post containing accurate information. They've even scheduled the court date for about 9 months later. What can I say?

Until then, my response to every investigation and lawsuit remains the same: to produce more news!

bianet editor Evrim Kepenek also charged with disinformation

2 November 2023

Judicial harassment to 24 journalists in a year under 217/A

President Recep Tayyip Erdoğan approved the law accepted in the parliament on October 18, 2022. From the date the law came into effect until October 18, 2023, at least 24 journalists have faced judicial harassment. Journalists have been subjected to investigations, trials, and arrests under Article 217/A of the Turkish Penal Code (TCK).

Investigations have been initiated under Article 217/A against BirGün reporter İsmail Arı, Tunceli Emek owner Hüsniye Karakoyun, Responsible Editor Mahmut Karakoyun, Gazete Davul columnist Aslıhan Gençay, TELE 1 Editor-in-Chief Merdan Yanardağ, Media Corridor Owner and Editor-in-Chief Canan Kaya, Mezopotamya Agency's Yüsra Batıhan and Ahmet Kanbal, Artı TV host Onur Öncü, Serhat News Editor-in-Chief Sıddık Güler, Gazete Duvar columnist Önder Algedik, along with journalists Oktay Candemir, Emre Orman, and Mir Ali Koçer.

Mezopotamya Agency reporter Mehmet Güleş, 23 Derece owner Gökhan Özbek, Halk TV's Dinçer Gökçe, Kısa Dalga's Cengiz Erdinç, and journalists Serdar Akinan and İlknur Bilir were detained due to charges included in the law.

Ruşen Takva, Oktay Candemir, Fırat Bulut, Hasan Sivri, and Ahmet Kanbal were prosecuted. Tolga Şardan, Sinan Aygül, along with Ali İmat and İbrahim İmat were arrested and released.

BIA Media Monitoring Reports

1 March 2024

(HA/PE)