Government to expand freedom of the press in 2010

The greatest overhaul of the TCK after its redrafting in 2005 for greater harmony with European Union legislation will be with respect to freedom of the press. Since 2005, only a few articles of the code have been amended, but now the government is planning to amend 10 additional articles to allow for a greater sphere of freedom for journalists. There is an important reason for this large-scale package of amendments: More than 4,000 trials have recently been launched against journalists.

AK Party parliamentary group deputy chairman Bekir Bozdağ, speaking to Sunday’s Zaman, noted that in line with Erdoğan’s directive they have set up a commission of legal experts. “We attach special importance to this matter. We are determined to expand the scope of freedom of the press. These amendments will be introduced as a package in 2010,” he said.

Ahmet Abakay, the chairman of the Contemporary Journalists Association (ÇGD), speaking to Sunday’s Zaman, indicated that it is primitive and outdated to try to sentence journalists who write books and pen news stories and said Article 301 of the TCK must be abolished.

“It is a threat even to try journalists. It is a warning that they should be more careful with their writing. What the Constitution, laws and books preach about freedom is never fully implemented. They are ignored in practice. Hearing such cases, judges and prosecutors should take into consideration the rulings of the European Court of Human Rights,” he said.

Mehmet Baransu, a reporter for the Taraf newspaper, whom a prosecutor demanded should be arrested for writing about the Cage plan, told Sunday’s Zaman that “the prime minister’s interest in this matter is very important. The amendments to be made in this context will not only reinforce journalists’ self-confidence but also serve the greater maturity of Turkish democracy.”

A scene of shame in 2009

According to statistics provided by the Human Rights Association (İHD), 387 people were sentenced to prison in connection with issues related to freedom of thought and expression in 2009. Thirty-six journalists were arrested and put on trial. Thirty-one newspapers and journals were shut down, while 66 books were removed from stores. Access to 4,662 Web sites was banned.

In 2008, 12 newspapers and journalists were prohibited from being published, and 29 journalists and authors were prosecuted on charges of denigrating Turkishness, the Turkish Republic or state organs under Article 301 of the TCK. In 2008, 186 people -- including 71 journalists -- were tried, some of them in multiple cases. Thus, Turkey’s performance was considerably poorer for journalists and authors in 2009.

Amendments to Article 301 not enough

It seems that although the infamous Article 301 of the TCK went through a major overhaul on May 1, 2008 -- after repeated criticism by the EU -- these amendments have not pleased anyone. EU officials as well as nongovernmental organizations insist that it must be repealed altogether.

Thomas Hammarberg, the Council of Europe’s commissioner for human rights, speaking in October after his talks in Ankara, said Article 301 was not in harmony with European standards. The government required that consent of the justice minister should be sought before launching an investigation because of this article. Thanks to this amendment, no trial was launched in 2009 under this article. However, the EU still does not like the new mechanism. Despite these criticisms, the government has not warmed to the idea of amending Article 301 again.

10 articles to be amended

The government thinks that 20 of the TCK’s articles limit freedom of expression and freedom of the press. Major changes will be made to articles that increase the sentencing of crimes that have been committed through the media by one-half or one-third, and committing a crime by way of the media will no longer lead to increased sentences. The 10 articles the AK Party’s lawyers are currently working to change are:

1. Confidentiality of communication

The practice of increasing the punishment by half for press and publication organs and newspapers when the content of private communications between people is disclosed through the media and increasing the punishment by half when the confidentiality of communication is “violated by the press and media” will be abolished.

2. Recording conversations

This article entails giving anyone who monitors or records a private conversation between persons without the consent of the other speakers by means of a sound recording device imprisonment for a term of two to six months and imposes the same penalty on those who publish the conversation through the press or another publication. Changes will be made to this article.

3. Violation of privacy

Anyone who has disclosed information that will result in an individual being investigated or prosecuted or being labeled a criminal will be sentenced to between six months and two years in prison. If the offense is committed through the media, the penalty is increased by half. Journalist Şamil Tayyar received a two-year sentence in line with this article for writing a book about the Ergenekon investigation.

4. Influencing or attempting to influence the judiciary

Anyone who makes a public written or oral statement with the purpose of influencing witnesses, experts, the court, judges or prosecutors before an investigation or trial officially ends can be sentenced to between six months and three years in prison. If the offense is committed by journalists, the penalty is increased by one-half.

5. Violation of private life

While the penalty for disclosing images or audio recordings of the private lives of others is one to three years in prison, the penalty is increased by one-half if the offense is committed through the media.

6. Offenses against national interests

Anyone who directly or indirectly accepts pecuniary remuneration from a foreign individual or organization for himself or for another person in return for engaging in activities against fundamental national interests can be sentenced to between three and 10 years’ imprisonment.

If the act is committed during wartime or such remuneration has been given or promised in order to spread propaganda through the media, the penalty is increased by half.

7. Discouraging people from doing military service

While the penalty for those who provide incentives, make suggestions or disseminate propaganda that discourages people from performing military service is imprisonment for six months to two years, the penalty is increased by half if the offense is committed by the media.

8. Lying during wartime

Anyone who publishes false or exaggerated reports that will diminish public resistance against the enemy, shake the public’s morale, cause public worry and excitement or engages in actions that will damage fundamental national interests will receive a sentence of five to 10 years in prison. There are doubts about whether to change this article.

9. The acquisition of security information

People who deliberately obtain information that should remain confidential for the sake of the security of the state or its internal or external political interests will be sentenced to three to eight years’ imprisonment. The article will be made clearer to prevent making use of the vagueness of the term “internal or external political interests” to charge journalists.

10. Other articles in which the penalty is increased for the press

If offenses such as working against national defense, spying, insulting the president, defaming state organs, provoking war, provoking crimes, praising crimes and criminals, provoking enmity, provoking defiance against the law, disseminating terrorist organization propaganda, aggravated fraud, obscenity and manipulating the press are committed by media, the penalty is increased by one-half or one-third.