The "Social Media Law" proposal prepared by AKP and MHP (Ruling alliance parties) under the name of "Fight against disinformation" adds the offence of "Publicly disseminating misleading information" to the Turkish Penal Code.

UP TO 3 YEARS IMPRISONMENT

One of the most controversial articles of the regulation is Article 29, which is described as "combating disinformation". This article adds the offence of "publicly disseminating misleading information" to the Turkish Penal Code (TCK).

According to the article, "anyone who publicly disseminates untrue information about the country's internal and external security, public order and public health, with the sole intention of creating anxiety, fear or panic among the public, in a way that is conducive to disrupting public peace, will be sentenced to imprisonment from one to three years". If the said "offence" is committed "by concealing one's real identity" or "within the framework of the activities of an organisation", the penalty will be increased by half.

In the justification of the article, it is stated that "the anonymous environment provided by the internet causes an increase in false, inaccurate or manipulative content":

"Publicly disseminating untrue information about the internal and external security, public order and public health of the country, with the sole purpose of creating anxiety, fear or panic among the public, in a way that is conducive to disrupting public peace, is regulated as a crime. It is emphasised that this crime is a crime of concrete danger by requiring the act to be capable of 'disrupting public peace'. In addition, in order not to confuse these acts, which are characterised as 'disinformation', with the rights of individuals to express their individual opinions or to inform, it is sought as an additional element that the act is carried out with the motive of creating anxiety, fear or panic among the public. It should be noted that the content subject to disinformation may be unfounded information directly related to the internal and external security, public order and general health of the country or it may be falsified information. There is no doubt that this offence, which was introduced within the scope of offences against public peace, regulates a different area than the other offences in this section. In addition, the fact that the offence is committed by concealing the real identity of the perpetrator or within the framework of the activities of an organisation is foreseen as a reason for an increase in the penalty."

NEWS WEBSITES WILL BE COVERED BY THE PRESS LAW

According to the proposal, the declarations of internet news websites will be submitted to the Press Advertisement Agency instead of the Chief Public Prosecutor's Offices.

In the event that the deficiencies are not eliminated within the given period or the incorrect information is not corrected, the news website will be excluded from the scope of "periodical publication".

In addition, internet news websites will be obliged to keep the content they publish for two years.

In cases where the content is removed from publication and access is blocked, the correction and reply text will be published for one week.

JOURNALISM ORGANISATIONS: DISINFORMATION LAW IS CENSORSHIP, WITHDRAW IT

The Journalists' Union of Turkey (TGS), the International Press Institute (IPI) Turkey National Committee, the Association of Journalists, the Association of Contemporary Journalists (ÇGD), the Press Council, Haber-Sen and the Izmir Journalists' Association (İGC) reacted to the proposal titled "Law on the Amendment of the Press Law and Certain Issues" submitted to the Parliament by AKP and MHP. "No law that does not include the views of journalists and press organisations can be a remedy for disinformation," the joint statement said. "Concerned that it may lead to one of the heaviest censorship and self-censorship mechanisms in the history of the Republic, we call for the urgent withdrawal of this bill, which seems to be designed to increase the pressure on journalism rather than 'fight against disinformation'," the press professional organisations said.

The joint text included the following statements:

"The proposal titled ‘Law on Amendments to the Press Law and Certain Issues’ submitted to the Turkish Grand National Assembly by the Justice and Development Party and the Nationalist Movement Party adds a new offence to the Turkish Penal Code, ‘publicly disseminating misleading information’, and provides for imprisonment for those who commit this offence. Administrative measures against the media include fines, bans on advertisements, and the restriction of the bandwidth of social media networks.

"DRAFTED BEHIND CLOSED DOORS"

This important bill, which directly concerns our profession, was prepared behind closed doors by a group of politicians and bureaucrats without consulting journalism organisations.

Concerned that it may lead to one of the heaviest censorship and self-censorship mechanisms in the history of the Republic, we call for the immediate withdrawal of this bill, which seems to be designed not to ‘fight disinformation’ but to increase pressure on journalism.

We condemn it: The political power, which even consulted US-based technology companies in this process, did not feel the need to ask the opinion of journalism organisations in Turkey, which are the direct addressees of the law. It is a requirement of democracy that politicians, regardless of their party affiliation, establish dialogue with the leading professional organizations and civil society representatives of the relevant field when drafting such legal regulations that directly concern the public's right to information and the right to receive news. We condemn the violation of this democratic principle.

"WE REJECT THIS INITIATIVE"

We refuse: The proposal uses the terms ‘disinformation,’ ‘fake news,’ ‘false information’ and ‘falsified information’ without a legal definition. Vague concepts such as ‘security’, ‘public order’ and ‘public peace’, which are frequently used in cases of judicial harassment against journalists, are used to indicate a new offence to the courts. Such an approach leaves the law open to abuse by a judicial system that has lost its independence. We reject this initiative.

"WE CALL FOR A COMPREHENSIVE AND TRANSPARENT DIALOGUE PROCESS"

We invite you: Disinformation is a global problem. There are many other problems in Turkey that reduce the quality of journalism and undermine the public's right to information. In order to create or strengthen pluralistic laws, democratic institutions and professional self-regulation that can solve all these problems, we call on all political actors to initiate a comprehensive and transparent dialogue process with journalism organisations after the suspension of this bill.

Representing thousands of journalists and respecting the public's right to information, we make this call as a matter of historical responsibility." (EVRENSEL DAILY)