Controversial law passed: Turkey faces imprisonment for “disinformation”

Amid massive protests from the opposition, the Turkish parliament passed a law against “disinformation”. It provides for prison sentences of up to three years. Critics see this as another attempt at censorship in the run-up to the elections.

Turkey’s parliament has passed a controversial law providing for prison sentences for spreading “false or misleading news”. The majority of MPs voted in favor of courts being able to sentence accredited journalists, as well as ordinary users of online networks, to one to three years in prison.

The ruling AKP of President Recep Tayyip Erdogan holds a majority in parliament with its partner, the ultra-nationalist party MHP. The design came from both of them. Eight months before the elections, the government is intensifying its already tough crackdown on the media.

Opposition speaks of “censorship law”

Supporters of the law argue that disinformation has become a “serious threat” to access to “true” information. Combating such a “threat” is necessary to protect fundamental rights and freedoms.

The opposition and critics, on the other hand, speak of a “censorship law”. In addition to newspapers, radio and television, the new law is primarily aimed at online networks and online media. They are asked to denounce users who are accused of spreading “fake news” and to pass on their data.

Demonstrative appearance of CHP MPs

MP Burak Erbay from the secular CHP emphasized that the new law particularly restricts the communication of young people. “I would like to address my brothers who are 15, 16, 17 and who will decide the fate of Turkey in 2023,” Erbay said in parliament. “You have only one freedom left – the phone in your pocket.” Young people communicated primarily via online networks such as Instagram. “If the law passes through parliament here, you can break your phone like that,” Erbay added, smashing his cell phone in the plenary session with a hammer he had brought with him.

Many TV channels already under government control

Most Turkish newspapers and TV channels were placed under government control immediately after the 2016 coup attempt. Online media, on the other hand, remained largely free. However, the government later forced online services like Facebook and Twitter to deploy local agents who quickly implemented court orders to remove offending content.

Article 29 of the legislative package provides for prison terms of between one and three years for “spreading false or misleading information about the country’s internal and external security”, as well as for messages “damaging public health, disturbing public order, fear or panic spread among the population”.

The Council of Europe, of which Turkey is a member, criticized the vague definition of “disinformation” in the new law in early October. The associated threat of imprisonment could result in “increased self-censorship”, especially with a view to the parliamentary elections in June 2023.

Erdogan faces a difficult choice

Erdogan wants to be confirmed in office next year. It is likely to be the most difficult election for him since he began his tenure almost two decades ago. The polls for his ruling party are at an all-time low because of runaway inflation and a currency crisis.

Non-governmental organizations regularly denounce the erosion of press freedom in Turkey. Turkey is currently 149th out of 180 in the press freedom ranking compiled by the organization “Reporters Without Borders”. Media rights activist Veysel Ok criticized that the new law could now prosecute all government critics – “the opposition who NGOs, legal associations, journalists and ordinary citizens”.