SUPUESTOS INCLUIDOS

Freedom of speech is sometimes conflicting different laws in Turkey. A problem is when what someone regards as freedom of speech someone else regard as hate speech, or blasphemy. To regard some speeches as blasphemy or, for insulting Turkishness, can also be regarded as a way of eliminating opposition.

I mention to the interviewee that I have read a master thesis which also focuses on media ethics in

Turkish newspapers, and that the interviewees told the author of the master thesis that monopolization, absence of editorial freedom, and lack of job security where things they took into consideration when they were writing for their newspapers. This interviewee talks about articles in the Turkish constitution which can constrain freedom of expression.

We have article 216 which is concerning incitement to hatred and hostility, or making comments. The pianist and composer Fazil Say wrote something on twitter and now he’s being on trial. Freedom of speech is always violated in Turkey. This article is not actually aimed to put those people on trial, they're meant for protecting some people, but mostly it’s not used the way it should be used. This is one example why most of the journalists do auto-censorship (Interviewee 2).

The interviewee says that article 216 is meant for protecting people, but generally most of those articles are not used the way it should be used. Instead of protecting people, these articles can be used to put people on trial. Such articles can cause journalists to do self-censorship. If you look at the consequences such articles have for journalism in a human rights perspective, they actually prevent journalists from their right to freedom of speech. Article 216 in the Penal Code, which bans

“inflaming hatred and hostility among peoples” has been used against journalists and others who write about the Kurdish population or allegedly denigrate the armed forces. An academic named Ismail Besikci was sentenced to 15 months in prison for an article entitled “The Rights of the Nations to Self-Determination and the Kurds.” Besikci has spent a total of 17 years in prison for similar publications on the Kurdish minority. The cartoonist Bahadir Baruter got a one-year prison sentence for a cartoon that appeared in the weekly magazine Penguen, depicting the words “There is no God, religion is a lie” on the wall of a mosque (see 2.3.1). The worse consequence for violating such articles by performing you right to freedom of speech, is that you can end up in prison.

I tell the interviewee the topic of my master thesis, and thereby let the interviewee talk. The interviewee touches upon different topics, and this is one of the topics.

A very famous columnist of Radikal was sent away just because of what he wrote, actually it was about the prime minister. He was always standing in the leftist and oppositional line. He

was writing for Radikal since the beginning, for sixteen years, but a couple of months ago, he was sent away. There are many journalists who have been taken to trial for humiliating or criticizing the prime minister. And as this power means politic and economic power as well, the owners of the newspapers can’t dare to be in a bad position with the AKP. They know that they can lose many things, because most of them have other kinds of investments as well, in energy sector or in any other sector. If your relation is once getting worse with the leading party, it means that your capital is in danger somehow (Interviewee 3).

This interviewee mentions that people have been put on trial for criticizing the prime minister.

ECtHR has addressed such defamation cases brought against journalists in Turkey. In the case of Erbil Tusalp, which was ordered to pay 5,000 TL, ECtHR in its judgment dated 21 February 2012 concluded that the sentencing of a journalist to pay 5,000 TL in compensation for having attacked Prime Minister Tayyip Erdogan’s personal rights violated Article 10 of the European Convention of Human Rights. They claim that the criticisms did not constitute a personal attack against the Prime Minister, and state that “the press fulfills an essential function in a democratic society” and that politicians should tolerate criticism because of the fact that they are politicians. According to the ECtHR, journalistic freedom also includes being provocative and overstating, which the Prime minister should tolerate (2.3.3) So according to ECtHR Turkey violate article 10 of the European Convention for Human Rights, which Turkey adhere to due to their membership of the European Council.

I mention article 301 about insulting Turkishness, and that this article has been debated.

There are so many! This is in the Penal Code, you also have the anti-terror law, and many others. Let’s say you write a piece about the PKK. If you cover news about them, you may also be prosecuted. The government would say that it’s propaganda for the rebel group, and that’s impossible! You’re a journalist, you are doing your job. Most of the people are prosecuted just because they are doing their job. It´s the same for the lawyers in Turkey. If you are defending such people, you also get prosecuted. Most of the people who are in jail are lawyers and journalists (Interviewee 2).

In the quotation of interviewee 9 in the sub-chapter of minorities, the interviewee says that Kurdish people are portrayed as PKK terrorists in the media, and that this interviewee personally had been framed as a public enemy for telling “the truth”. I understand “the truth” to be a way of writing about Kurdish people without saying that they're terrorist, and writing about them in a more nuanced way. When looking at that quotation in the light of this quotation, it seems like it can be difficult to have an alternative way of reporting about the minority events such as the Kurdish people and the conflict in south-east Turkey. To say this very simple: if you as a journalist try to write more nuanced, and say that the Kurdish people not are PKK terrorists, you can end up being accused for being a terrorist yourself. The government could say that it's propaganda for the rebel group, as interviewee 2 says here. This means that journalists are often prosecuted on charges of terrorism and treated as ‘terrorists’ just for having performed their duties to provide the public with information.

A majority of the media freedom and freedom of expression cases in Turkey brought to ECtHR, are decisions based on the Penal Code and the Anti-Terror Law (see 2.3.2). The fact that a lot of the decisions brought to ECtHR are decisions based on the Anti-Terror Law, shows how difficult it is to report about the Kurdish issue in Turkey. It seems like it's easier to get away with it if you write hate speech about the Kurdish people and claim that they're terrorists, than if you have a non-violent opinion about the Kurdish people, and try to report in a more nuanced way.

I asked if the interviewee had anything to add before we finished the interview. Here the interviewee talks about laws and freedom of expression.

In Turkey you have problems with the press freedom and freedom of expression, because we have potentially forty articles in six or seven laws, that limit the freedom of expression; anti-terror law, Internet law, radio-television law, press law, and Penal Code, which is five, and that’s enough. And those forty are there, either functional or dormant, in shelf, so they can take it up one day and use it against you. That’s why we have this problem, particularly with Kurdish colleagues, most of the jailed ones are Kurds, and also Turkish colleagues who have been subjected to legal proceedings because they are covering critical court proceedings, political court proceedings (Interviewee 6).

What this interviewee says shows that the media is highly regulated by different laws and that these laws can be used against you if you want to cover critical court proceedings for instance. This just underlines what the previous interviewees have mentioned about articles that can be used against you. Another aspect this interviewee brings up, is that a lot of the journalists who are prisoned, are Kurdish. The government is probably more likely to think that Kurdish journalists writing about the Kurdish issue are terrorists, than Turkish journalists.

I ask the interviewee if you can be accused for insulting Turkishness (article 301), or for supporting Kurds if you through an article criticize how news have been covered in South-East Turkey about Kurds.

They [government] are trying to prevent religion, mostly Islam, against criticism from other people, from left-wing politicians, from atheists, agnostics, or from other people. Many people are being trialed because of this. One example is the Turkish pianist Fazil Say. He was in a court house, being sued because he was saying that religion is bull shit or something. There is a caricaturist, my friend, Bahadir Baruter, who is a very famous caricaturist. He wrote something in one of his caricatures, saying that: there is no God, religion is bull shit, or something like that. He’s in trouble because of this. They perceive this as Islamophobia. It’s not Islamophobia, this is his personal opinion about religion and God (Interviewee 9).

Islam is the majority religion in Turkey. If you criticize Islam you can end up in trouble, or being accused for Islamophobia. Peoples’ personal opinions are mixed up with hate speech. Islamohobia is one type of legitimizing myth. It is a type of ideology, and when someone is critical of religion for instance, they call it Islamophobia in order to defend their actions of putting these people on trial (see 3.2).

I start by saying that this is a threat to freedom of speech.

Exactly! There is no freedom of speech though in Turkey these days. There has never been freedom of speech, real freedom of speech, but it is getting worse day by day. Unfortunately, because the one-party rule is quite dangerous. They are becoming fascist dictators in Turkey,

and people like dictators in this country, unfortunately, like Pakistan, like some other countries. They support these dictators, and these dictators use all the channels to stop people talking, thinking, sharing, opinions, protesting etc. It’s just getting really awful (Interviewee 9).

The interviewee blames the government for the constraints on freedom of speech. When looking at what the previous interviewees have said, it can be concluded that the way the government restricts freedom of speech, is by actively use the article in the Penal Code, and the Anti-Terror Law to put people on trial accusing them for insulting Turkishness or for being terrorists. In a Human Rights perspective those articles actively put constraints on freedom of speech. Interviewee 9 says that

“people like dictators in this country”. Even though it might sound a bit harsh to say that they are dictators, AKP do have a lot of power in Turkey, especially since they have a one-party rule.

Another concern this interviewee has, is that people support this government. When people are supporting the government, they in a way also support their way of ruling.

This interviewee is a professor which also writes columns. I asked if the interviewee tried to write something to counter-act hate speech when writing columns.

In a country where you don’t have a proper democratic culture, the danger is to shift very quickly from anti-hate speech legislation to anti-free speech practice. This is the biggest danger. Still a long long way to go, but there are some positive turns which didn’t exist before (Interviewee 5).

This interviewee says exactly what can be the danger with having hate speech legislation. It can be used for anti-free speech practice. When looking at the previous examples of what journalists have been convicted for, it seems like even now, without having anti-hate speech legislation, people are being convicted for different forms of hate speech, which others would consider as just exercising the right of freedom of speech. One example is article 216 which bans “inflaming hatred and hostility among peoples”, which in practice have been used for hindering freedom of speech.

Fazil Say was mentioned as an example by three different interviewees. These examples shows what kind of consequences you might end up with if you write what you want, using freedom of

speech. If you challenge the majority religion, Islam, you can be taken for “Islamophobia”. You can also end up in trouble if you criticize the government, and the Prime minister. Interviewee 9 claims that there has never been freedom of speech in Turkey, and that it’s actually getting worse day by day. The interviewee thinks that the reason behind it is become it’s a one party rule in the country today. If you write about the conflict in South-East Turkey and if you criticize the governments' way of handling this situation, you might end up in trouble. This is less likely to happen if you write about them in a negative way and call them terrorists.

One interviewee says that laws which are meant for protecting people, are being misused, so instead these laws put people on trial. Another interviewee talks about the danger to shift from anti-hate speech to anti-free speech practice. The other interviewees mention different examples of people who have been prosecuted for their writings. This shows that already today there is a certain anti-free speech practice in Turkey.