KurdishMedia, UK
Oct 5 2004
TCK Protects the State Not Media
05/10/2004 Bianet.org – By Erol Onderoglu
The improvements brought about by [Turkey’s]harmonization regulations
to articles on “dangerous provocation” and “insulting the state,”
have been kept in the new TCK [Turkish Penal Code]. But the new law
brings about new crimes for the media members including Internet
reporters.
BIA (Ankara) – The new Turkish Penal Code (TCK), which is still
awaiting approval by the president, is likely to result in serious
practical problems, although it encompasses some improvements on the
freedom of media and expression.
The improvements brought about by harmonization regulations to
articles 312 and 159 of TCK on “dangerous provocation” and “insulting
the state,” have been kept in the new version. But the new TCK
expanded the channels through which the members of the media can be
legally charged.
Regulations on “encouraging for committing suicide,” “confidentiality
of communications,” “insult,” “the confidentiality of private life,”
“crimes against social peace,” “obscenity,” “affecting prices,”
“crimes against the court,” “genital examination,” “putting people
off from serving in the military,” “acting against basic national
interests,” and “state secrets,” may be used as examples.
“Insulting” state officials
For example, article 125 on “insult,” states that “an individual who
hurts one’s honor, dignity and reputation, will be sentenced to three
months to two years in prison or handed a fine.” Section 3/a of the
same article includes a regulation, which would affect publications
or broadcasts in criticism of a state official because of their jobs.
Accordingly, the minimum sentence for committing this crime “against
a state official because of his/her post,” is a year in prison.
Internet is in TCK
While the implementation of these regulations are awaited, Internet
reporting, which the TCK defines as new media, may lead to problems
in implementation due to a lack of technical, corporate and legal
shortcomings.
Under the title, “Crimes in the Information Technologies Field,”
there is a list of crimes including, “Penetrating into information
technology system,” “hindering or disrupting information technology
systems, and erasing or changing data.”
Fine under Press Law, prison sentence under TCK
In contrast to the Press Law, which states prison sentences may be
commuted to fines with few exceptions, the new TCK brings about
increased prison sentences for the media members. For that reason,
TCK and the Press Law reflect a different psyche and mentality.
For example, article 19 of the Press Law No: 5187 states that
“individuals who publish opinions on a judge or court proceedings
while the court trial is still continuing and before a ruling has
been made,” will be fined 2 billion Turkish liras (USD 1,300) to 50
billion Turkish liras (USD 33,300). The fine may not be less than 10
billion Turkish liras (USD 6,700) in regional broadcasts and 20
billion Turkish liras (USD 13,300) in widespread broadcasts.
However, article 288 of TCK on “attempting to influence a fair trial”
envisages a “prison sentence from six months to three years.”
Paragraph 2 introduces a heavier sentence for “media organizations.”
15 years in prison for acting against “basic national interests”
Under paragraph 8 of article 220 on “setting up an organization with
the aim of committing a crime,” individuals disseminating propaganda
for an organization or its goals, are sentenced to a year to three
years in prison. The prison sentence is scaled up by half when the
propaganda is made through by media organs.
Another article that was being criticized during the drafting period
was article 305 on “acting against basic national interests.”
This article, aimed at being used to convict people for defending,
for example, the withdrawal of Turkish troops from Cyprus, or for
recognizing the Armenian genocide, was approved by the parliament.
Under this article, individuals who get financing from foreign
individuals or institutions either for him/herself or for someone
else, with the aim of acting against basic national interests, will
be sentenced to three years to ten years in prison and a fine.
If the “financing is received or promised for disseminating
propaganda through the media,” the prison sentence is scaled up by
half.
“Putting people off from serving in the military”
The article on “putting people off from serving in the military,”
which has caused controversy in the past, has not been removed from
the TCK. Under article 318, “individuals who act, inspire, or suggest
things that would put people off from serving in the military, will
be sentenced to six months to two years in prison.” The sentence is
scaled up by half if committed through the media.
Paragraph 2 of article 133 on “listening to and recording people’s
conversations,” states “an individual can be sentenced up to six
months in prison or fined, for secretly recording a conversation
between others without their consent.” Under paragraph 3, the
sentence is scaled up by half for members of the media. (EO/YS/EA/YE)