Constitutional Court to examine ‘disinformation law’ in respect of substance

The main opposition party had applied to the top court demanding of a provision that triggered "censorship" criticism.

İstanbul

Constitutional Court to examine ‘disinformation law’ in respect of substance

Click to read the article in Turkish

The Constitutional Court has completed its first examination related to the application made by the main opposition Republican People's Party (CHP) against the recently adopted "disinformation law."

The General Assembly of the high court found no deficit in the application and it will be discussing and deciding upon the request for cancellation in respect of substance on a date to be determined later.

The request for an issue of stay order will also be decided upon during the examination in respect of substance.

CHP requested cancellation and issue of stay order for article 29 of the Law imposing prison sentence for the crime of "publicly distributing information misleading people."

About the law

According to the "Draft Bill on the Amendment of the Press Law and Some Laws," those who work for internet news portals will be regarded as journalists and they will be able to apply to the Department of Communication for a press credential.

Public employees working in information services in public institutions, radios and televisions will also be able to receive press credentials.

Internet news portals will be taken within the scope of periodical publications.
The proposed law named as a 'censorship law' by journalists' professional organizations also includes new imprisonment penalties.

The proposal reads, "Those who publicly distribute information which is not really related with the security of the country inside or outside, public order or public health with the purpose of creating concern, fear or panic among the people in a manner that domestic peace" may be destroyed will be punished with an imprisonment sentence of 1 to 3 years.

With the proposal, reporting offensive content related to the National Intelligence Agency activities and personnel is included within the scope of catalog crimes.

Article 29

The following expression was added to article 217 of the Turkish Penal Code No. 5237 dated 26/9/2004:

"Openly disseminating information misleading the public"

Article 217/A- (1) Anyone who spreads information about internal or external security of the country, public order and public health which is not true just in order to create concern, fear, or panic among people in a manner that domestic peace may be disrupted will be punished with imprisonment sentence of one to three years.

(2) If the crime is committed by an offender concealing their identity or within the framework of organizational activity, the penalty will be increased half fold."

(HA/PE/VK)