The Press Bulletin Authority (BİK) has issued a three day suspension of advertisement penalty against Evrensel for reporting on the legal testimony given by news reporters who work for Cumhuriyet newspaper. The editor-in-chief of Evrensel, Fatih Polat, said in response to the justification given for the penalty, “Evrensel will make no compromises when it comes to the right of the public to receive news.”
The three day suspension of advertisement penalty was issued after Director of Communications Fahrettin Altun’s lawyer, Sezgin Tunç, filed a complaint in response to a news article published by Evrensel on May 1st, 2020, under the heading “Cumhuriyet called to testify over news of illegal villa.”
Evrensel, which was already under a suspension of advertisement penalty, has now been forbidden from issuing advertisements and public notices for a total of 68 days.
FAHRETTIN ALTUN’S LAND IS ONCE AGAIN THE REASON FOR THE PENALTY
The news article only made mention of Fahrettin Altun’s construction on land he had rented from Istanbul Metropolitan Municipality, and the news reporters who first published this story in Cumhuriyet being summoned to give testimony. Although the news article contained no information that had not been verified, Altun stated in his complaint, “The news article, by emphasizing ‘illegal,’ distorted the truth, took no notice of the tender process, and no investigation was undertaken with the aim of discovering the truth.”
The complaint also claimed that no unlawful transaction was made when explaining the tender process and construction of the villa on the Bosphorus, arguing that Evrensel had “slandered and unfairly accused [Altun] by trying to create the perception that the construction was illegal”. Moreover, whereas the statements made by Cumhuriyet reporters were not mentioned, it was claimed that our news reporting was “untrue”.
“THERE ARE NO DEFAMATORY STATEMENTS IN THE ARTICLE”
In Evrensel’s defence statement to BİK, it was stated that the news article was within the boundaries of compliance with the law and press ethics and principles, saying, “The article is extremely short. It pertains to testimony that was given in a prosecutor’s investigation.”
The defence statement also said, “There are no defamatory statements in the article. Moreover, the person who filed the complaint is a political person. He is the Director of Communications for the Presidency. The ability to express criticisms of individuals and institutions of a political character, as well as state institutions, in a harsher and sharper manner, has been accepted in doctrine as well as practice. The obligation to tolerate politically critical writings and news articles is a requirement of the democratic system.”
The defense statement also indicated that Fahrettin Altun was the Director of Communications, that BİK was tied to the Directorate of Communications, and that the plaintiff, who is the head of the institution, filing his complaint with an institution that is not independent of him may prevent a fair trial.
BİK: THE LIMITS OF FREEDOM OF EXPRESSION HAVE BEEN EXCEEDED
BİK, after these complaints and defenses, gave all the details concerning Fahrettin Altun’s villa and then claimed that Evrensel had published the news article without conducting an investigation. BİK also argued that Evrensel had “exceeded the limits of freedom of information and expression.”
EVRENSEL EDITOR-IN-CHIEF FATIH POLAT: WE WILL NOT COMPROMISE ON THE PUBLIC’S RIGHT TO INFORMATION!
The Editor-in-Chief of Evrensel Newspaper, Fatih Polat, reminded BİK that they had previously issued a five day suspension of advertisement penalty against Evrensel for a news article titled “CHP’s Özel’s response to Altun’s unauthorized construction,” regarding the response of CHP Group Deputy Chairperson Özgür Özel to Fahrettin Altun.
Polat emphasized that the differences between the Press Ethics Principles of BİK and the universal principles of journalism were clearly on display with the last penalty.
Fatih Polat made the following statements:
"Let's ask: Have journalists not been summoned to deliver testimony because of news concerning Fahrettin Altun? They have.
“Well, isn't this news? It is.
“And the ethical requirements of journalism, as well as the professional principles of the press require the publication of this news. In fact, if you sweep this news under the carpet because Fahrettin Altun will be displeased and BİK will punish you, you will have betrayed the people's right to information.
“Evrensel will not do this, it cannot. This violates Evrensel's terms of existence. While indicating that we will carry out the necessary litigation procedures relating to this punishment that makes one say, ‘enough already!’, we once again affirm our uncompromising commitment to the public’s right to information.”
LAWYER DEVRIM AVCI: THEY ONLY WANT PRAISE FROM THE PRESS
Evrensel’s lawyer, Devrim Avcı, stated that he was faced with a political administration that only wanted news offering praise to be published, and said: “They immediately punish any criticism or opposition viewpoints, news articles, writings through judicial penalties or by using administrative institutions as vehicles. We appeal all penalties, but all were rejected and all were moved to the Constitutional Court. All appeals will be made to the appropriate courts, but I have no faith that they will receive a fair trial or within the scope of freedom of the press."
Avcı said, "Altun does not see any problem in using the institutions he is a part of against journalism that is critical of him.”
68 DAY SUSPENSION OF ADVERTISEMENT PENALTY IN ADDITION TO CURRENT PENALTY
Evrensel has not been able to receive advertisements from BİK since September, 2019. The reason being, BİK has imposed a "suspension of advertisement penalty" on Evrensel. The reason for that is reader solidarity. BİK considered it a crime for one person to buy two newspapers and issued a penalty. In other words, the newspaper that you bought for your neighbor, friend, or spouse was seen as an element in a “crime”. Appeals to BİK either went unanswered or were answered unconstructively. Evrensel’s suspension of advertising penalty still continues.
Moreover, there is a 68-day suspension of advertisement penalty against Evrensel, in addition to this latest one. These penalties are as follows:
• BİK issued a five day suspension of advertisement penalty for a news article titled “Does a government promise martyrdom to its citizens?”, written by Evrensel journalist İhsan Çaralan and published in Evrensel and on the evrensel.net website on February 24, 2020.
• BİK issued a five day suspension of advertisement penalty for a news article titled “CHP’s Özel’s response to Altun’s unauthorized construction,” which was published in Evrensel newspaper on April 16, 2020.
• BİK issued a 45 day suspension of advertisement penalty for Ragıp Zarakolu’s article titled, “There Is No Escape From an Unfortunate Fate”.
• BİK issued a ten day suspension of advertisement penalty for publishing a news article titled “The Press Bulletin Authority has ended Kurdish publishing” on November 13, 2019, which carried the signature of the Mesopotamia News Agency (MA) and included the “Action Plan” report that was prepared by Gaziantep University by interviewing journalists in the region. (EVRENSEL DAILY)
Ceren Sözeri
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