Journalists’ rights and obligations in digital media

 The digital media transformation has created fundamental changes in communication and journalism while profoundly affecting the balance between rights and responsibilities. The need to redefine the traditional concept of press freedom in the digital environment has emerged, leaving journalists confronted with both numerous new opportunities and unprecedented threats. The unlimited information-sharing possibilities offered by digital platforms, coupled with accompanying privacy concerns, administrative interventions, and security issues, necessitate a reevaluation of the fundamental parameters of contemporary journalism.

Throughout this transformation process, journalists benefit from the news-gathering and dissemination capabilities provided by digital tools while simultaneously facing new responsibilities regarding the boundaries of freedom of expression and digital security practices.

Fundamental rights in digital media

Fundamental rights and freedoms guaranteed at the constitutional level undoubtedly acquire new dimensions in the digital media environment, creating a need for special protection. Freedom of expression, the right to privacy, and the right to access information constitute the principal rights in digital media.

Freedom of expression, regulated under Article 26 of the Constitution, encompasses individuals' right to share their thoughts on online platforms without fear of censorship or punishment in the digital environment. This right is also guaranteed internationally under Article 10 of the European Convention on Human Rights. The right to privacy of private life, regulated under Article 20 of the Constitution, manifests itself in the digital media environment through privacy regulations and personal data protection. The right to access information emerges as the digital extension of the freedom to express and disseminate thoughts provided for in Articles 26 and 28 of the Constitution, as well as press freedom. The right to access information also encompasses unrestricted access to information via the internet.

These rights, evaluated within the scope of digital media, constitute the fundamental conditions of journalists' professional activities while also being of critical importance for maintaining democratic social order. Freedom of expression, guaranteed by the Constitution but limited by various laws, must be protected at the same level and manner in internet-based activities as in physical environments. Moreover, the right to privacy in the digital media environment constitutes one of the most fundamental requirements of journalists' professional practice. This right is not limited to protecting journalists' personal privacy but is also an indispensable element for ensuring the security of news sources and the free conduct of information-gathering processes.

Journalists operating on digital platforms are constantly exposed to monitoring, data collection, and profiling activities, threatening both their personal rights and professional independence.

Press freedom and digital censorship mechanisms

Press freedom constitutes one of the most fundamental values of modern democratic societies and plays a critical role in the functioning of social oversight mechanisms. Historically serving as an important tool in the struggle against oppressive regimes, press freedom has become an indispensable element in implementing the transparency and accountability principles of today's information society.

Conceptually, press freedom can be defined as the ability of media organizations to carry out their news-gathering, processing, and dissemination activities independently from state intervention, commercial pressures, and social censorship attempts. Press freedom, guaranteed in national and international legal texts, particularly Article 10 of the European Convention on Human Rights and Article 28 of the Constitution, is regulated by Press Law No. 5187, which provides the necessary legal framework for the press to fulfill its democratic function by fundamentally regulating freedom of thought and opinion through the press and the right to receive and disseminate news.

The Press Law guarantees journalists' professional rights while also defining their responsibilities. In this context, fundamental principles such as journalists' right to protect the confidentiality of news sources, the obligation to maintain professional secrecy, and the right to correction, as well as issues such as the right of reply and correction, press crimes and penalties, and the status of press enterprises are regulated in the Press Law.

Press freedom is certainly not an unlimited right; it may be subject to certain limitations within the framework of the requirements of democratic social order. In this regard, pursuant to Article 3 of the Press Law, it may be limited "for the protection of others' reputation and rights, public health and morals, national security, public order, public safety and territorial integrity, prevention of disclosure of state secrets or commission of crimes, and ensuring the authority and impartiality of the judiciary."

The widespread adoption of digital media platforms today has created the need to redefine the concept of press freedom. Furthermore, efforts to adapt to the digital age have also given rise to the need to combat disinformation. With the amendments made by Law No. 7418 in 2022, regulations added to the Press Law began evaluating internet journalism as "periodical publication" alongside traditional media organizations, and measures against disinformation were regulated with the crime of "publicly disseminating misleading information" through Article 217/A added to the Turkish Penal Code. This regulation undoubtedly also covers publications made in the digital environment.

As a result of the participation and interactivity offered by digital media, the widespread nature of content production leads to an increasing amount of information and consequently creates the problem of disinformation. Disinformation countermeasures constitute one of the most complex issues determining the boundaries of freedom of expression in the digital media environment. The need for measures aimed at preventing the rapid spread of false information not to simultaneously restrict legitimate criticism and the expression of different opinions requires a delicate balance. In this context, journalists find themselves in a position where they both play an active role in combating disinformation and need protection from the negative effects of this struggle. However, the most fundamental way to truly eliminate disinformation is to support digital literacy.

While the definition of press and the concept of press freedom are being reconsidered with digitalization, limitation mechanisms have also diversified. Threats to press freedom in the digital environment find application in much more sophisticated and effective forms than traditional censorship methods. Internet interruptions, bandwidth throttling, platform blocking, and requests to block journalists' accounts from social media platforms have become the most common censorship tools. Moreover, content moderation policies implemented on social media platforms directly affect journalists' work. The transparency, accountability, and effectiveness of appeal mechanisms of these systems are of critical importance for journalists to freely continue their professional activities.

Physical interventions

Seizure practices regarding digital evidence are regulated under Article 134 of the Criminal Procedure Code and include procedural safeguards regarding search, seizure, and examination procedures. Under the article, seizure is not regulated as a necessity: "Without seizing computers or computer logs, copies of all or part of the data in the system may be taken." The principle is to obtain evidence without seizing devices and, if seizure occurs, to return devices without delay after taking necessary copies. The important issue regarding seizure here is not the existence of devices but the data contained in the devices. However, in practice, it is frequently observed that journalists' professional tools such as computers, phones, and other digital devices are seized, and this seizure sometimes continues for months.

Undoubtedly, evidence must be collected and preserved for finding the truth, ensuring justice, and maintaining legal peace, which are the purposes of criminal prosecution. The protective measure of "search, copying, and seizure in computers, computer programs, and logs," which constitutes a special form of the protective measures of "search" and "seizure" regulated in the Criminal Procedure Code by its legal nature, constitutes interference with fundamental rights and freedoms, particularly private life, commercial and scientific secrets, and property. Although this interference is limited by the conditions of "existence of strong grounds for suspicion based on concrete evidence" and "impossibility of obtaining evidence by other means," it is observed in practice that this measure, which is essentially exceptional and temporary in nature, is frequently applied, especially regarding seizure, due to technical impossibilities and workload justifications. This situation can cause material damage and victimization, particularly for those who use information systems and tools due to their professional activities.

The seizure of journalists' digital devices, while raising concerns about essential elements of journalism such as the need for news sources to remain confidential, can fundamentally result in journalists being unable to carry out journalistic activities. Damage to digital devices or deletion of information on these devices directly affects journalists' capacity to continue their work and may indirectly constitute interference with press freedom.

Assessment

Rights and obligations in the digital media environment are in constant flux alongside the pace of technological transformation. In this dynamic process, adapting traditional press freedom principles to the digital environment and developing new protection mechanisms is essential. The adaptation of the legal framework to digital realities reveals the need to clearly define journalists' rights, particularly regarding physical interventions and seizure of digital devices.

This analysis demonstrates that the intersection of technology and journalism creates complex challenges that require nuanced legal responses. The balance between combating disinformation and preserving freedom of expression, and maintaining security without stifling investigative journalism represents ongoing tensions that demand careful consideration from policymakers, legal practitioners, and the journalistic community itself. Moving forward, the development of robust digital literacy, coupled with adaptive legal frameworks that can respond to technological evolution while safeguarding democratic principles, will be crucial for maintaining the integrity and effectiveness of journalism in the digital age.

Footnotes

EDAM (2023). Türkiye’de Dijital Okuryazarlık: Ekonomik, Güvenlik ve Dezenformatif Hususlara İlişkin Perspektifler. Siber Politikalar & Demokrasi, 2023/01/TR.

Hazar, Z. (2013). Basın Özgürlüğü ve Ulusal Güvenlik. Gazi Üniversitesi Hukuk Fakültesi Dergisi C. XVII, Y. 2013, Sa. 1-2, s. 1528 vd.

Özcan, A. (2017). Dijital Medya Okuryazarlığı: Sorunlar, Uygulamalar ve Beklentiler. AJIT-E: Academic Journal of Information Technology, 8(28), 55-66.

Şahin, Z. B. (2023). Dezenformasyonla Mücadelede İfade Özgürlüğü: İçeriğin Korunması ve 29. Madde. Yeni Medya(15), 282-299.

Şahin, C. (2019). Ceza Muhakemesinde Bilgisayarlarda, Bilgisayar Programlarında ve Kütüklerinde Arama, Kopyalama ve Elkoyma (CMK m. 134). Yaşar Hukuk Dergisi, 1(2), 271-286.

Our Media

IPS Communication Foundation/bianet is among the partners of the EU-funded “Our Media” project, which will run from 2023 to 2025.

The “Our Media: Civil Society Movement for the Multiplication of Media Literacy and Activism, Prevention of Polarization, and Promotion of Dialogue” project will last for three years.

The project's initial focus will be on building the capacity of NGOs, media professionals, young activists, and the public in the Balkans and Turkey to address trends and challenges related to media freedom, development, and sustainability.

Funded by the EU and covering the years 2023–2025, the partners of the “Our Media” project are as follows:

South East Europe Network for Professionalization of Media (SEENPM)
Albanian Media Institute (Tirana)
Mediacentar Foundation (Sarajevo)
Kosovo Press Council
Montenegro Media Institute (Podgorica)
Macedonia Media Institute (Skopje)
Novi Sad School of Journalism (Novi Sad)
Peace Institute (Ljubljana)
bianet (Turkey).
The researcher for the “Our Media” project on behalf of the IPS Communication Foundation/bianet is Sinem Aydınlı, the foundation's research coordinator.

A new civil society initiative: 'Our Media'

17 April 2023

Scope of the project

The project begins with research aimed at identifying key trends, risks, and opportunities for media sustainability and mapping good practices in media activism to support media freedom and media and information literacy (MIL). The research findings will be used to strengthen the capacities of NGOs and other stakeholders in the media field to address challenges in the media.

Advocacy activities will be carried out to understand the capacities of journalists, media organizations, and media institutions within the scope of “Our Media.” Local and national media and other actors will be encouraged to carry out media activism work on gender inequalities in the media. Within the scope of the project, young leaders will be empowered to oppose discrimination and gender stereotypes and to support gender equality through various activities.

The project will reach local communities through financial support provided to NGOs in urban and rural areas, with the aim of developing citizens' MIL skills, supporting media freedom and integrity, and countering polarization caused by propaganda, hate speech, and disinformation.

The regional program “Our Media: A civil society action to generate media literacy and activism, counter polarisation and promote dialogue” is implemented with the financial support of the European Union by partner organizations SEENPM, Albanian Media Institute, Mediacentar Sarajevo, Press Council of Kosovo, Montenegrin Media Institute, Macedonian Institute for Media, Novi Sad School of Journalism, Peace Institute and bianet.

This article was produced with the financial support of the European Union. Its contents are the sole responsibility of IPS Communication Foundtaion/bianet and do not necessarily reflect the views of the European Union.

(NG/SA/VK)