Court Abides By Constitutional Court’s Ruling, Lifts Access Block on bianet News

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The İstanbul 7th Penal Court of Peace has abided by the verdict of the Constitutional Court, which ruled that the access block imposed on a news article published on bianet violated the freedom of expression of the website, and reversed the verdict of access block.

CLICK - Constitutional Court: Press Freedom of bianet Violated

On December 4, 2018, the Constitutional Court announced its verdict regarding an objection lodged against a ruling that blocked access to the news article entitled "Sıcak İş İlişkileri Değil Taciz" (Not Warm Business Relations But Harassment) published on bianet in 2006.

The Constitutional Court unanimously ruled that "the freedoms of expression and press as guaranteed by the Articles 26 and 28 of the Constitution have been violated." The court also ruled for a re-trial so that the consequences of the violation in question could be eliminated.

"Ruling of Constitutional Court is binding"

In its ruling dated January 7, the İstanbul 7th Penal Court of Peace stated:

"The Constitutional Court has concluded that the freedom of expression and press of the appellant has been violated considering that ruling for an access block on the content of a news published by the appellant does not suit the requirements of a democratic social order.

"That being the case, there is legal interest in a retrial so that the consequences of the violation in question could be eliminated.

"The action to be taken by the courts of instance is to reverse the previous verdict which led to the related violation and to give a new ruling which will be compatible with the verdict of violation."

Accordingly, the İstanbul 7th Penal Court of Peace emphasized that the verdicts of the Constitutional Court are binding and ruled that the verdict of access block "shall be reversed with all its consequences."

The verdict of the court also applies to the access blocks imposed on other websites which reported the same incident as news.

What happened?

The news report entitled "Sıcak İş İlişkileri Değil Taciz" (Not Warm Business Relations But Harassment) was published on bianet on August 30, 2006.

The director general of the airline company, whose name was mentioned in the news, requested that access to the news reports which were published on a number of websites, including bianet, be blocked on the ground that "his personal rights had been violated."

On June 23, 2015, the İstanbul 7th Penal Court of Peace ruled that access be blocked to the news report in question. The objection to this ruling was rejected by the İstanbul 8th Penal Court of Peace on July 21, 2015.

"Publication of the news serves public interest"

In response to the ruling of rejection of the court, IPS Communication Foundation Chair and bianet Project Advisor Nadire Mater and IPS Communication Foundation Secretary General Ertuğrul Kürkçü applied to the Constitutional Court via attorney Meriç Eyüboğlu.

In the application, it was emphasized that the ruling of access block "violated the freedoms of expression and press" and added that the publication of the news report in question "served public interest."

"Freedoms of press and expression violated"

Announcing its verdict regarding the objection of bianet, the Constitutional Court ruled that "the freedoms of expression and press have been violated".

(AS/SD)