Cumhuriyet reporter Nagihan Yılkın and cumhuriyet.com.tr Editor-in-Chief Mustafa Büyüksipahi have received a verdict in the case opened on charges of "insulting a public official", as per article 125 of the Turkish Penal Code, upon the complaint of the then Governor of Gaziantep, Davut Gül.
According to Expression Interrupted, the trial, which had its fourth hearing at İstanbul 2nd Criminal Court, was not attended by Yılkın and Büyüksipahi. However, their legal representatives were present during the hearing.
The prosecutor reiterated the indictment presented in the session dated July 13, 2023, demanding punishment for Yılkın and Büyüksipahi on the charges against them. Davut Gül's lawyer stated that the complaints persisted and requested the punishment of Yılkın and Büyüksipahi in line with the prosecutor's recommendation.
"There is public interest in the news"
Lawyer Özge Naz Akkaya, representing the journalists, argued that the news was prepared within the scope of legal compliance with visible reality. She stated, "The subject of the news is the then Governor of Antep, Davut Gül, who performs public duties. The content of the news is not related to Gül's personal and private life but concerns a public tender project that has ended unfavorably. Therefore, there is public interest in the news. There is no expression in the news that constitutes an insult. Yılkın's actions fall within the scope of legitimate reporting, and we request her acquittal."
Referring to the amendment in the Press Law eliminating the criminal liability of the news director, Akkaya requested the acquittal of Büyüksipahi, who was the responsible editor-in-chief during the period when the news was published.
The court, in its decision, imposed a judicial fine of 7,080 Turkish Liras on Yılkın for the crime of "insulting a public official." Büyüksipahi was acquitted due to the absence of the defined act as a crime in the law.
The case was initiated upon the complaint of Davut Gül regarding the article titled "Complaint against Gaziantep Governor's Office: Corruption and bribery network exposed," published on the Cumhuriyet newspaper's website on March 5, 2022. The reporter Yılkın and Büyüksipahi, who was the Responsible Editor-in-Chief at the time of the news, faced the legal action. (HA/VK)
