Professional journalism organizations, which have objected to the proposed legislation on “agents of influence” have stated that the ratified law would pose a major threat to newspapers and journalists and called for a joint struggle

AZİZ ORUÇ

The “Proposed Law on Amendments to the Law on Notaries Public and Some Other Laws,” which contains provisions on “espionage” and was submitted to Parliament by the governing Justice and Development Party (AKP) has passed through the Parliamentary Justice Commission on 23 October 2024. The law is expected to be debated at the parliamentary plenary on 13 November.

Espionage provisions

According to proposed provisions on “espionage” in article 16, which had previously been presented as “agents of influence” and led to objections, a new espionage crime is to be added to the Turkish Penal Code (TCK). The article to be added to the section titled “Crimes Against State Secrets and Espionage” reads “Those committing crimes to the detriment of the security or, internal or external interests of the State in line with the strategic objectives or directives of a foreign state or organization are sentenced to imprisonment of from three to seven years.”

The punishment may be increased to from eight to 12 years if the action is committed “during war time or in a process that could jeopardize military activity.”

Prosecution for this crime will require the permission of the Minister of Justice.

The proposed legislation, which had previously been included in the 9th Judicial Package and withdrawn upon objections, has now come before Parliament in another law package. The proposed legislation has led to public outcry.

Expression Interrupted has spoken to Journalists’ Union of Turkey (TGS) Secretary-General Banu Tuna, Dicle Fırat Journalists Association (DFG) Co-Chair Selman Çiçek and Mezopotamya Women Journalists Association (MKGP) Chair Roza Metina about the proposed legislation on “agents of influence.”

Tuna: “A new step on the authoritarianism ladder”

Banu Tuna said that the “agents of influence” legislation was a new step on the ladder leading to authoritarianism and added, “In a democratic republic, the government cannot have such overreaching powers. While the proposal says ‘state interests,’ especially since the transition to the presidential system of government, the state and the government have come to mean the same thing in Turkey. Therefore, when they talk about ‘state interests,’ they are talking about the government’s interests. If this proposal is ratified, all dissident voices in the country will be under risk. The government will have added a new piece to its toolbox for maintaining the oppressive regime.”

“It is journalists’ duty to question”

Tuna said, “Journalists have the duty of serving as watchdogs, questioning and exercising oversight on behalf of society” and added that should the legislation be ratified, journalists would be forced to make a choice between serving the interests of society and serving the interests of the government. Tuna continued by pointing out potential threats: “To give an example, the first thing I can think of is the case of Metin Cihan. Cihan revealed that Turkey was still trading with Israel during the ongoing war between Israel and Palestine and his reporting led to policy change. It is clear that revealing such facts is to the ‘detriment of state interests.’ Metin Cihan already lives in exile because of his research, but if he were in Turkey, he could have been punished with seven years of imprisonment under the proposed legislation.”

“There are great designs and grave threats”

Tuna stated, “The justification for the proposed law is given as the necessity of protecting the state from actions that harm its security and political interests” and said that as for the potential consequences of the proposal, it would be enough to examine the use of the “law on disinformation” concerning the media. Tuna pointed out the following: “The ‘censorship law’ was used for the first time against reporting in the aftermath of the 6 February 2023 earthquakes. The ‘censorship law’ carries a maximum imprisonment sentence of three years. If the proposed law is ratified by parliament, imprisonment of up to seven years will become possible. The definition of the crime to be punished is extremely vague. They could include any unwelcome reporting, any report. In a speech two years ago, Erdoğan said, ‘We pity those who complain about Turkey to the foreign press.’ If this proposal becomes law, they will no longer just pity them, they will deal with them as required. Last week, the Nationalist Movement Party (MHP) made a move which clearly revealed the real aim. It submitted a proposed law that requires press organizations which operate through support from associations and foundations to forego the support or face having their publishing license revoked.

“This government has suffocated most of the media in Turkey through takeovers and financial pressure and will destroy those who are still standing by this means.”

Call for joint objections

Tuna went on to say that many demonstrations had been held during the controversy over the “censorship law” but there had been no mass objection. “Sometimes we find that those participating in a press statement or demonstration are fewer than the number of police officers who are there to ‘ensure security.’ We need to free ourselves from inertia. We cannot accomplish change by raising objections on social media. And besides, it is not just journalists who have objections to raise. Where are the news consumers? Where are those who join the social media tag campaigns held by news programs every evening,” Tuna remarked and called for solidarity against the proposal.

Çiçek: “They will make it so no one can report”

Selman Çiçek stated that the “agents of influence” law had been renamed and added to a package containing provisions about the law on notaries before being brought up again due to strong public objections. Çiçek continued, “The aim is to isolate all societal opposition, civil society organizations, the free press and human rights advocates as a whole from the outside world, to exercise censorship and control. With the ‘espionage law’ a severe blow will be struck against the freedom of thought and expression. For example, in the past there was reporting on the connection between the Isle of Man and Turkevi Center. The proposed law will criminalize carrying out such reporting and pointing out the corruption. For example, any reporting such as ‘Why is Turkey involved in Libya’ or ‘Turkey bombs settlements in northern Iraq’ will be considered espionage. In summary, you will be unable to produce news.

“The AKP-MHP government wants to besiege society on all sides. They want to cut off air to society. The free press is an open window for society. The proposal wants to shut that window for good and we should stand against it together.”

Roza Metina: “The proposal safeguards the interests of the AKP-MHP government”

Roza Metina said, “The proposal on ‘agents of influence’ includes the phrase ‘committing crimes against the security of the state and its political interests.’ What the matter here is not protecting the security of the state, but the interest of the AKP-MHP government under the guise of the security of the state. They want to strengthen the pro-government media. There is another issue here, that of double punishment. The proposal openly targets the freedom of expression and thought. The proposal on ‘influence agents’ serves political purposes. The government wants to label all opposition newspapers and journalists as spies. The aim of the AKP-MHP is to render the press ineffective and the free press a target. The proposal is a blow against the truth. Professional journalism organizations need to engage in strong solidarity against it. We must stop the proposal with solidarity. There should be a strong joint struggle that has ramifications on society. We need to be able to halt the ‘influence agents’ proposal with mass objections. We need society-wide solidarity.”