AKP, MHP propose amendment to Press Law introducing prison sentences for 'disinformation'

"Free press cannot be silenced"

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Deputies of the ruling Justice and Development Party (AKP) and the Nationalist Movement Party have submitted a "disinformation bill" to the parliament.

Signed by 66 MPs from the two parties, the "Law Proposal on the Amendment of the Press Law and Some Laws" were submitted to the Speaker's Office of the parliament yesterday (May 26). The 31-page draft law contains 39 articles.

MHP Vice Chair Feti Yıldız on May 21 announced that the preparation of the draft law had been completed. Senior officials and leaders of both parties have been calling for a new law against "disinformation," which they describe as a "security threat," for about two years.

Justification: "Internet is harmful"

In the general justification of the law proposal, "the use of social media increases in parallel with the internet facilitating and accelerating access to news and information" is presented as a problem and "bad" things about social media is listed:

▶ New and different social media platforms with different themes are emerging. People spend most of their time on these platforms.

▶ Digitalization leads to a world where personality disorders or psychological diseases are discussed.

▶ Because of the digital world, people face new problems or violations of their personal rights.

▶ Social network providers or other actors playing a role in the background of the digital world [...] resist the legitimate demands of states.

"Preventing disinformation"

The general justification says it was prepared to protect people from "swear, slander, insult, smear, discrediting, hatred and discrimination" because "ill-intentioned people hide their identities" and "create illegal content with fake names and accounts."

"In this context, it is evident that the act of intentionally producing and disseminating fake news (disinformation) has become a serious threat that ... prevents the citizens' rights to access true information.

"This threat is also aimed at preventing the exercising of fundamental rights and freedoms, most notably the freedom of expression and freedom of information, by abusing various freedoms.

"The point that disinformation has reached with the developing technology has made it necessary to fight this threat in order to protect fundamental rights and freedoms.

"In this context, it has become necessary to make additional arrangements to adapt the existing arrangements in our legislation to the new situation."

Prison sentences

The essence of the law proposal is in article 29, which is entitled "fighting disinformation." With this arrangement, the offense of "Openly disseminating information that misleads the public" will be added to the Turkish Penal Code.

Those who disseminate false information about the "internal and external security of the country, public order and public health" in a way that is "convenient to disrupt public peace" will be sentenced to one to three years in prison. If the offense was committed by concealing the real identity or as part of the activities of an organization, the sentence will be increased by half.

The Parliamentary Committee on Justice will start discussing the bill.

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