İFÖD lawyer Melike Türkay and RSF Turkey Representative Erol Önderoğlu discuss the effects of the provision publicly known as the "disinformation" law on media freedom in Turkey

In October 2022, the Turkish Parliament enacted the legislation popularly known as the “disinformation” law. Through the amendment, a new provision was added to the Turkish Penal Code (TCK), namely 217/A, criminalizing “publicly disseminating information that is deceptive to the public,” punishable by imprisonment from 1 to 3 years.

Expression Interrupted hosted a panel discussion on the first-year anniversary of the law’s coming into force to explore how the legislation has been affecting media freedom in Turkey.

Hosted at the Kıraathane Istanbul Literature House in Beyoğlu district, the talk was moderated by journalist Canan Coşkun and featured Melike Türkay, a lawyer with the Freedom of Expression Association (İFÖD), and Reporters Without Borders (RSF) Turkey Representative Erol Önderoğlu as its speakers.

During the talk, held in Turkish, panelists discussed the limits, elements and the basis of the provision, how it is implemented and its effects on press freedom.

“The provision has a deterrent effect on journalists”

Lawyer Melike Türkay pointed out the problems regarding both the provision and its implementation: “According to this regulation, anyone can commit this crime. Both a journalist and a social media user can do this. We cannot establish a legal definition of ‘untrue’ information. We cannot see the definition of what ‘true’ information is neither in the law nor in practice. When we look at the law, we see an inconsistent provision that fails to provide definitive answers with respect to freedom of the press and freedom of expression, on which it has a direct effect. A provision that restricts a fundamental right and freedom should have included a direct definition of what ‘truth’ is. However, we cannot see such a definition, or any reference being made either during the investigation or prosecution phase.”

Stressing that the provision has so far been exclusively used in investigations against journalists from independent and opposition media, Türkay said that this creates an environment that prevents the journalists from properly doing their jobs: “We can easily say that a journalist will refrain from covering certain matters in an environment where one does not feel safe at the end of the day. Article 217/A has a direct deterrent effect on the media, directly on journalists and social media users alike.”

“Journalists are being held accountable for every letter they use”

RSF Turkey Representative Erol Önderoğlu also pointed out that initially the provision TCK 217/A was almost exclusively used against local journalists in the aftermath of the deadly earthquakes of 6 February 2023.

Noting that the provision has the potential to be misused in the judicial sense and to intimidate people, Önderoğlu said: “The regulation created a potential effect just like the Turkish Penal Code and the Anti-Terrorism Law [TMK], and intimidated journalists. As per democratic standards, we should be clearing the relevant legislation from imprisonment penalties. Instead this provision became the latest addition to the existing system of repression, let alone helping rid the media of [erroneous information], bringing any clarity to the concept of ‘disinformation,’ or regulating the most severe situations.

“People who undertake the duty of informing the public are paying for every single letter they use with jail. We also need to identify the future risks of the ‘disinformation’ law. This regulation is like a dangerous landmine planted in the field of ​​freedom of expression. It looks like just another article in the Turkish Penal Code, but in fact it is a major factor that has the potential to destroy the political, social and media industry spheres.”

Önderoğlu added: “As media actors, we all work in a polarized environment. Therefore, currently in Turkey it is really difficult to remain impartial as a journalist and to be able to reach sources who can confirm your story. The government constantly prioritizes its negative obligations instead of its positive obligations. In a democratic country, the concept of ‘disinformation law’ would make one think of ‘a regulation to combat disinformation’ whereas in Turkey the concept sounded to us all as a censorship law. Because it turned out to be just another level of oppression.”