Turkey’s new ‘disinformation’ law threatens free speech

Turkey has never been a haven for freedom of speech. But a new “disinformation” law that came into effect on 18 October will only make a bad situation worse.

The controversial law mandates sentences of up to three years in jail for anyone found guilty of spreading what is loosely being defined as “disinformation”. Though stiffly opposed by opposition parties, journalists and free press advocates, law number 7148 was approved by members of president Recep Tayyip Erdogan’s Justice and Development Party (AKP) and its parliamentary allies in parliament last week.

Turkey hardly needs such a law to keep free speech in check. It already has one of the worst track records for press freedom in the world, ranked among the top jailers of journalists by Reporters Without Borders. Critics argue that Turkey’s courts have become obsequious to the whims of the AKP, and that journalists, as well as ordinary people, are jailed or dragged through the courts on charges of insulting officials.

A key article in the new law would sentence those convicted of spreading “false information” on security matters and threatening the “general well-being” of the country by causing public panic to between one and three years in jail. Sentences go up by 50 per cent for those convicted of using anonymous social media accounts.

Critics say the goal of the “fake news” law is to further intimidate journalists and citizens ahead of the June 2023 elections that polls suggest Erdogan will lose, due to the country’s economic troubles. They worry it gives too much discretion to the presidency and judiciary to decide what is misleading, false or true. They fear questioning any official statement or statistic put out by the government could lead to imprisonment.

“The law gives authority to courts to deem criticism of inflation figures do not reflect the truth, or corruption at any state institution, or murder that involves politics, as ‘panic-causing in the public’,” journalist Murat Yetkin wrote on his blog.

A seismologist said the law could pose grave risks to the public if, for example, journalists fail to inform their audience about earthquake dangers for fear of violating the law’s provisions against causing panic.

The opposition Republican People’s Party has turned to the constitutional court to reverse the law. But it could take months before the jurists even schedule a hearing, and more time to overturn the law.

Still, a law is only effective when citizens respect it, and many do not. Seven journalist organisations in Turkey banded together to issue a joint statement against the law before it was passed. Even afterward, some brave Turkish journalists insist they won’t allow the law to affect their coverage.

“We declare that we will not bow to censorship and that we will continue to do our best to have this law repealed, even though it has been enacted,” Turkey’s Journalists Syndicate said in a statement. “We will not be silent. We will continue to write, speak and convey the truth.”

Yours,

Borzou Daragahi

International correspondent