Journalists and academics bear the brunt of the massive crackdown on freedom of expression in Turkey. Scores of them are currently subject to criminal investigations or behind bars. This website is dedicated to tracking the legal process against them.
Özbudun, Çalıkuşu and Öğret have said that the “agents of influence” bill may affect not only journalists, but anyone who tries to exercise their individual rights and freedoms
The law draft, known in the public as “agents of influence” which targets individuals and organizations receiving foreign funds, was first included in the draft of the 9th Judicial Package in May 2024, and was withdrawn following the negative reactions. The regulation, which reappeared in October in the “Law Proposal on the Amendment of the Notary Public Law and Certain Laws,” was withdrawn once again on 13 November 2024 as a result of public and opposition objections. However, statements by AKP Group Deputy Chairperson Özlem Zengin indicate that the regulation may be back on the agenda.
The controversial article, which is planned to be added to the “Crimes against State Secrets and Espionage” section of the Turkish Penal Code (TCK) states, “Those who commit crimes against state security or domestic and foreign political interests in line with the strategic interests or instructions of a foreign state or organization shall be sentenced to imprisonment from three to seven years.”
Civil society organizations, the media and academics are particularly concerned about the regulation, which they say threatens democratic rights and freedoms. So, why is the government so insistent on this regulation? What were the results of the examples in the world? What is the reason for people critical of the bill opposing it? Expression Interrupted organized an online panel to seek answers to these questions. In a conversation moderated by journalist Meltem Akyol on 27 December 2024, Constitutional Law Professor and Future Party MP Serap Yazıcı Özbudun, lawyer Figen Albuga Çalıkuşu and Committee to Protect Journalists (CPJ) Turkey Representative Özgür Öğret discussed the “agents of influence” bill.
“The proposal is against the Constitution”
Constitutional Law Professor Serap Yazıcı Özbudun evaluated the proposal within the framework of the Constitution. “One of the main problems of the proposal is the vague and ambiguous concepts it contains,” Özbudun said, adding that this gives the judiciary a wide discretionary power. Özbudun stated that concepts such as “national security” and “internal and external political interests of the state” are not objectively defined, and emphasized that the proposal is against the rule of law:
“The principle of ‘no crime and punishment without law’ is one of the cornerstones of the rule of law. This proposal authorizes the judiciary to create crimes and punishments. This means that the judiciary usurps the authority of the legislature, and we call this 'usurpation of function'.” Özbudun went on, “Everyone is obliged to prove their claims. However, the proposed regulation could reverse this rule, leaving citizens with the impossible burden of proving their innocence. This situation poses a serious threat to personal rights and freedoms.”
Özbudun also stated that the proposal carries the risk of eliminating the freedoms of expression, press and assembly:
“Journalists can be declared criminals under this law if they fulfill their duty to inform the public. This is in clear violation of Articles 2 and 13 of the Constitution.”
Özbudun argued that if the regulation is passed in its current form, the Constitutional Court will rule for its annulment.
“The definition of crime is unclear, everyone is targeted”
Lawyer Figen Albuga Çalıkuşu said that the proposal contains many technical problems:
“It is not clear what is defined as a 'crime' in the proposal. Which action will be considered a crime? What does it mean to serve the strategic interests of a foreign state or organization? It is unacceptable to make such a broad sack law. With this regulation, anyone can be the perpetrator of this crime.”
Çalıkuşu stated that journalists and civil society organizations could be targeted and emphasized that the law is open to arbitrary interventions.
Comparing the AKP's early policies with the current period, Çalıkuşu pointed out that one of the most striking differences is the destruction of the middle class: “The weakening of the middle class creates a great weakness in the defense of democratic rights and freedoms. Economic hardship and impoverishment make it harder for society to fight for freedom of expression and fundamental rights.”
“It creates a self-censorship mechanism”
Özgür Öğret, Turkey Representative of the Committee to Protect Journalists (CPJ), drew attention to the parallels of the proposal with similar regulations around the world. In particular, he noted that examples in countries such as Russia and Hungary have become a tool used by repressive regimes to silence civil society.
“This bill is a model we have seen before in Russia. First, foreign funders are targeted, then the pressure on media and civil society is increased. A similar process is being attempted in Turkey.”
Explaining that the recent laws threaten freedom of the press, Öğret said, “The ‘disinformation law’ and the new regulations being discussed in public may not directly lead to mass imprisonments or detentions. However, these laws create a serious self-censorship mechanism on journalists, writers, and civil society. In a country where the press is not free, citizens are denied access to accurate information. This undermines the right to information, one of the cornerstones of a democratic society.”