Judge questions whether bianet is a news site in 'insulting Turkish nation' case
Journalists Haluk Kalafat and Elif Akgül, former chief editor and editors of bianet, are standing trial for six articles published on bianet between 2015 and 2019, charged with "publicly insulting the Turkish nation" under Article 301/1 of the Turkish Penal Code. The verdict in their case has been postponed until July.
The fourth hearing of the trial took place yesterday at the İstanbul 2nd Penal Court of First Instance, attended by the journalists and their lawyers, Veysel Ok and Muhammet Ünsal from the Media and Law Studies Association (MLSA).
The trial was observed by Reporters Without Borders (RSF) Turkey Representative and bianet Media Monitoring Rapporteur Erol Önderoğlu.
"It's not the prosecuor to decide whether bianet is a news site"
Following the journalists' plea for acquittal, Veysel Ok addressed the court and presented bianet's profile. He spoke about the request for a certificate of publication from the prosecutor's office to determine whether bianet is a newspaper or not from the previous hearing. This request came after the lawyers defended the journalists' actions on freedom of expression grounds.
Stating that bianet is indeed a news website, Ok remarked, "The absence of a certificate does not change the fact that bianet is a news website. Moreover, it is not within the prosecutor's jurisdiction to decide whether bianet is a newspaper or not."
Ok also highlighted that journalists work under the assumption that the institutions they work for are news websites, stating, "The absence of a certificate is the responsibility of the employer. Journalists cannot be held accountable for this."
The judge intervened, stating, "Not all internet news websites are newspapers. While an internet site is not required to obtain a certificate, it is necessary to officially define it as a newspaper."
Ok responded, saying, "bianet has a profile. The certificate of publication is simply a tool to facilitate communication with the prosecutor."
He further added, "When a journalist is hired, they have no way of knowing whether their employers have submitted the certificate."
Ok also brought up recent acquittal verdicts, including that of Human Rights Association (İHD) Co-Chair Eren Keskin and former Diyarbakır Bar Association President Cihan Aydın and board members, who were acquitted of charges related to Article 301 for using the term "Armenian Genocide" during commemorations on April 24, 2021.
The court decided to adjourn the hearing until July 2 to review and evaluate the presented evidence and arguments.
Article 301
Article 301 of the Turkish Penal Code is a law that makes it illegal to insult Turkey, the Turkish nation, or Turkish government institutions. The law originally criminalized “insulting Turkishness,” but was amended in 2008 to change “Turkishness” to “the Turkish nation.” This amendment also required the approval of the minister of justice to file a case. Since its introduction, Article 301 has been the basis for numerous legal cases and has attracted criticism for its impact on freedom of expression:
(1) A person who publicly degrades Turkish Nation, State of the Turkish Republic, Turkish Grand National Assembly, the Government of the Republic of Turkey and the judicial bodies of the State shall be sentenced a penalty of imprisonment for a term of six months to two years.
(2) A person who publicly degrades the military or security organisations shall be sentenced according to the provision set out in paragraph one.
(3) The expression of an opinion for the purpose of criticism does not constitute an offence.
(4) The conduct of an investigation into such an offence shall be subject to the permission of the Minister of Justice.
(HA/VK)