The problems experienced in the implementation of the "disinformation law", which journalists and professional press organizations have been criticizing for years, came to the agenda this time in the CNN Turk broadcast, attended by names known to be close to the government.
While pro-government journalist Ahmet Hakan said that the regulation "could make journalism impossible" if interpreted broadly, Deputy Chairman of the Presidential Legal Policies Board Mehmet Uçum also admitted that there were problems in practice.
Uçum announced that they were holding discussions with the Ministry of Justice in order to resolve the problems.
AHMET HAKAN: YOU CAN MAKE JOURNALISM IMPOSSIBLE
Mehmet Uçum participated in the "Neutral Zone" program presented by Ahmet Hakan on CNN Türk. Article 217/A of the Turkish Penal Code, which regulates the crime of "publicly disseminating misleading information to the public", was discussed in the broadcast.
Stating that he supported the regulation, Hakan objected to the broad use of the law against journalistic activities.
Hakan said, "So if you extend this crime everywhere, you can make it impossible to do journalism."
Criticizing the fact that a simple mistake in a news item is directly included in the scope of the crime in question, Hakan said:
"So the man made a simple mistake in his news. When you frame that news as 'publicly spreading misleading information' and arrest the man, this does not happen. Because what he did was not openly spreading misleading information that terrorized the society."
THE BREAK: SOMETHING WE CANNOT OBJECT
Responding to Hakan's words, Mehmet Uçum continued to defend the existence of the regulation and admitted that there were problems in implementation.
Uçum said, "But you say that the way this type of crime is used in investigations and prosecutions creates some problems in practice. This is something we cannot object to."
“WE ARE TALKING TO THE MINISTRY OF JUSTICE”
Uçum argued that the solution is not to abolish TCK 217/A, but to eliminate the problems in its implementation.
Explaining that they are working with the Ministry of Justice on this issue, Uçum said:
"This is a problem. We are also talking to our Ministry of Justice. We are talking about what can be done at the norm level, what can be done at the jurisprudence level, what can be done at the project level to solve these problems."
PRESS ORGANIZATIONS HAVE BEEN WARNING FOR YEARS
The criticisms expressed by Ahmet Hakan and accepted by Uçum in terms of implementation have been brought to the agenda by professional press organizations and lawyers since the day the regulation was adopted.
Article 217/A, which was added to the Turkish Penal Code with the regulation that came into force in October 2022, provides for a prison sentence of one to three years for those who commit the crime of "publicly disseminating misleading information" under certain conditions.
The regulation is referred to as the "disinformation law" by the public and the "censorship law" by critical circles.
Press professional organizations had warned that the scope of the article was unclear and that journalists could be threatened with investigation due to their news.
ACTION WAS TAKEN AGAINST MANY JOURNALISTS
In the approximately four years following the law's entry into force, investigations were launched against many journalists within the scope of TCK 217/A.
Journalists were detained on the grounds of their news and posts of public concern; Some names were arrested, while others faced judicial processes.
Finally, names known for their closeness to the government also brought the problems in practice to the agenda, which reignited the discussions regarding the regulation.
DIALOGUE BETWEEN UÇUM AND AHMET HAKAN
Ahmet Hakan: "Mr. Mehmet, I will give an example. Let's talk about an example if you want. You know, there is a crime called 'publicly disseminating misleading information to the public'. Now, I think that publicly disseminating misleading information to the public is a very disastrous thing. So, I believe that this should be fought against.
Mehmet Uçum: You support this type of crime.
Ahmet Hakan: I support it... Because in this way the society is terrorized, many things are done in this way, many personalities are slandered in this way. I am aware of these. But I also think that this should not be abused. So, if you extend this crime everywhere, you can make it impossible to do journalism. So the man made a simple mistake in his news. This does not happen when you consider that news as 'publicly spreading misleading information' and arrest the man. Because what he is doing is not publicly spreading misleading information that terrorizes society. So I think we shouldn't include everything in that scope. Well, that's what I want to say, I'm talking about something principled.
Mehmet Uçum: "No, I do not object to your perspective. Look, we accept the type of crime. We need such a type of crime, we all know it.
However, you say that the way this type of crime is used in investigations and prosecutions creates some problems in practice. That is something we cannot object to. So, what we need to focus on is not declaring war on this type of crime; To ensure that this type of crime is used appropriately and fairly in investigations and prosecutions.
Of course, if there is anything we need to do on this issue, we should do it. I say that indeed... Our approach on this issue is no longer reactionary. We are proactive, trying to develop policies that take these types of implementation issues into account. This is a problem. We are also talking to our Ministry of Justice. What can be done at the norm level, what can be done at the jurisprudence level, what can be done at the project level to solve these problems; We are talking about these things."
