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A court judgment that convicted the pro-government daily Yeni Akit for violating personal rights of the main opposition party chair did not violate freedom of expression and the press, the Constitutional Court has ruled.
Three of the 15 members of the top court, including President Zühtü Aslan, wrote a dissenting opinion.
On its issue dated December 19, 2012, Yeni Akit published two news articles titled, "Mr. Kemal Swings His Neck," and "Necklace for Ms. Selvi," referring to Kemal Kılıçdaroğlu, the Republican People's Party (CHP) Chair, and Selvi Kılıçdaroğlu, his spouse.
In the case that Kemal Kılıçdaroğlu filed against the daily for "attack on personal rights," Ankara 12th Penal Court of First Instance sentenced Yeni Akit to pay 5,000 Turkish lira (~828 US dollars) for compensation.
Yeni Akit then applied to the Constitutional Court. The verdict announced by the top court on December 26, 2019, was published today in the Official Gazette.
Irresponsible news reports may spread
"In news reports about individuals, the truthfulness of the report should be questioned in good faith, considering that false news may cause harm to that person's honor and dignity," the court said in the ruling.
The court ruled that the newspaper failed to demonstrate it had sufficient data to support that the information it provided is in accordance with the apparent reality at the time of the publication of the news report.
The newspaper "made very serious claims about the plaintiffs, based on rumors that could not be demonstrated by the tangible data and without making any inquiry whether the facts are true," which could not be "accepted as sufficient in the context of burden of proof," the court stated.
"The acceptance of the contrary may mean that the press is authorized to make news reports that are entirely based on rumors and include criminal charges, and may provide a legitimate ground for such news reports that are irresponsibly made to spread."
'False information cannot be justified'
The Constitutional Court concluded that the report was not supported by evidence and included criminal charges, hence it could not be considered within freedom of expression.
"It should also be noted that spreading unverified and/or false information cannot be justified on the grounds that the public has the right to receive information.
The court concluded that Yeni Akit could not demonstrate that it gave an effort to convey true information and ruled that the first instance court and the Court of Cassation did not exceed their powers. (AS/VK)
