Draconian Internet laws in Turkey are deepening yet once again with a
new reform package that will bring new measures against freedom of
speech in the country.
Previously, the government had already tried to silence the masses through censorship measures, surveillance of Netizens, blocking access to Web sites,...
or even raids on online news portals’ headquarters.
The most recent development concerning the laws against online free speech is the most recent bill that provides for up to five years’ imprisonment for tweeps (Twitter users) who criticize the government online.
The signatories of the infamous censorship law – or as the official name refers to it, “5651: Regulation on the Publications on the Internet” – have drafted a new bill and presented it on the parliament floor on the evening of October 14th. The new bill will allow all the possible suspects that have so far been declared “traitors, enemies, coup-plotters” to be put under full surveillance with just an order from a judge. The requirement of “tangible evidence” that has been required by the courts so far is no longer on the books, which allows the judges to give the order upon “reasonable doubt.” The new law also allows the property of the government-critical suspects to be confiscated, if the accusation is “criminal activity” or “organizing a gang.”
What is “criminal”?
What comprises criminal activity in Turkey has long been a problematic issue and the new bill is no different from any previous one. The main excuse in suppressing free speech in the country so far has been “national-security concerns.” Crimes against the state include plans to end the unity and integrity of the state, cooperation with enemies, propagating war against the state, actions against the basic national benefits, conscripting soldiers for a foreign nation, harming military premises and agreements in favor of foreign soldiers, and economical and financial contributions to enemies.
If one is only a little obsessive, any attempt to strengthen the regional governments and the Europeanization process, which requires that, can in fact be declared a crime against the state. And the witch hunt trials that have been going after hundreds of military officers over the years would definitely be a type of harm against the military.
Less urgent crimes that have been cited in the bill include violation of the constitution, crimes against the legislative body, armed uprising against the government, and assembling and organizing for these crimes. Even though armament had been previously mentioned as a crime in another law, this time the new bill seems to reflect more onto the protection of government against all types of possible criticism. And of course the government would be exempt from the crime of violating the constitution when citizens’ basic rights and liberties are being violated, even though those rights are guaranteed under the constitution.
Social media targeted
“Threat” as a crime is considered to be a much greater fault with the new law and will be punishable by a prison sentence. The new bill suggests that the citizens who criticize government harshly on social-media platforms are included within the scope of threat crimes. Under the current laws, threats bring about imprisonment only for crimes that result in two years and more of prison sentence. For that reason, the government has updated the prison sentence to two years minimum. The new bill also includes clauses that state that those who criticize the president, prime minister, ministers, or security forces openly or over social media will be considered guilty of “threats” and face possible arrest. The new bill also targets the prosecutor who conducted the graft probe of 17-25 December last year that revealed the greatest corruption scandal in Turkey’s history.
Not only the Internet but also the streets…
The new bill’s scope is not limited to digital public spaces but also makes opposition movements’ visibility on the streets problematic. The slogans that have been adopted by critical groups during street protests had already drawn many frowning faces so far; with the new bill they will be considered a crime. The new law also breaches the diplomatic immunity of politicians, allowing them to be put on trial as well in case of threats against public officers, soldiers, police, governors etc. The prison sentence will possibly go up to 5 years depending on the intensity of the “criminal activity.”
No right to defense
Moreover, the new bill also attacks the right to a fair hearing and the principle of defense. Lawyers will have harder time accessing their clients’ files in order to defend them fairly. The bill states that lawyers’ involvement in disclosing defendants’ files would breach the investigation and thus should be limited on a judge’s orders.
Reversal of improvement
The draft bill will be reversing the improvements that have been achieved in the last year with regards to legal procedure, and the few positive remarks in the European Union accession progress report are being met with counter-developments that will present a much graver situation in the coming period. Combined with the intentions to arm the police forces with greater authority to “shoot to kill” in times of protests and plans to multiply the number of water cannons five/tenfold as the Prime Minister has stated, the new bill is just another obstacle created against any kind of free speech, right to assembly, right to access information and many other rights and liberties. It seems and feels like the road to illiberal democracy – if it is democracy at all – is being traveled faster than expected.
source
Previously, the government had already tried to silence the masses through censorship measures, surveillance of Netizens, blocking access to Web sites,...
or even raids on online news portals’ headquarters.
The most recent development concerning the laws against online free speech is the most recent bill that provides for up to five years’ imprisonment for tweeps (Twitter users) who criticize the government online.
The signatories of the infamous censorship law – or as the official name refers to it, “5651: Regulation on the Publications on the Internet” – have drafted a new bill and presented it on the parliament floor on the evening of October 14th. The new bill will allow all the possible suspects that have so far been declared “traitors, enemies, coup-plotters” to be put under full surveillance with just an order from a judge. The requirement of “tangible evidence” that has been required by the courts so far is no longer on the books, which allows the judges to give the order upon “reasonable doubt.” The new law also allows the property of the government-critical suspects to be confiscated, if the accusation is “criminal activity” or “organizing a gang.”
What is “criminal”?
What comprises criminal activity in Turkey has long been a problematic issue and the new bill is no different from any previous one. The main excuse in suppressing free speech in the country so far has been “national-security concerns.” Crimes against the state include plans to end the unity and integrity of the state, cooperation with enemies, propagating war against the state, actions against the basic national benefits, conscripting soldiers for a foreign nation, harming military premises and agreements in favor of foreign soldiers, and economical and financial contributions to enemies.
If one is only a little obsessive, any attempt to strengthen the regional governments and the Europeanization process, which requires that, can in fact be declared a crime against the state. And the witch hunt trials that have been going after hundreds of military officers over the years would definitely be a type of harm against the military.
Less urgent crimes that have been cited in the bill include violation of the constitution, crimes against the legislative body, armed uprising against the government, and assembling and organizing for these crimes. Even though armament had been previously mentioned as a crime in another law, this time the new bill seems to reflect more onto the protection of government against all types of possible criticism. And of course the government would be exempt from the crime of violating the constitution when citizens’ basic rights and liberties are being violated, even though those rights are guaranteed under the constitution.
Social media targeted
“Threat” as a crime is considered to be a much greater fault with the new law and will be punishable by a prison sentence. The new bill suggests that the citizens who criticize government harshly on social-media platforms are included within the scope of threat crimes. Under the current laws, threats bring about imprisonment only for crimes that result in two years and more of prison sentence. For that reason, the government has updated the prison sentence to two years minimum. The new bill also includes clauses that state that those who criticize the president, prime minister, ministers, or security forces openly or over social media will be considered guilty of “threats” and face possible arrest. The new bill also targets the prosecutor who conducted the graft probe of 17-25 December last year that revealed the greatest corruption scandal in Turkey’s history.
Not only the Internet but also the streets…
The new bill’s scope is not limited to digital public spaces but also makes opposition movements’ visibility on the streets problematic. The slogans that have been adopted by critical groups during street protests had already drawn many frowning faces so far; with the new bill they will be considered a crime. The new law also breaches the diplomatic immunity of politicians, allowing them to be put on trial as well in case of threats against public officers, soldiers, police, governors etc. The prison sentence will possibly go up to 5 years depending on the intensity of the “criminal activity.”
No right to defense
Moreover, the new bill also attacks the right to a fair hearing and the principle of defense. Lawyers will have harder time accessing their clients’ files in order to defend them fairly. The bill states that lawyers’ involvement in disclosing defendants’ files would breach the investigation and thus should be limited on a judge’s orders.
Reversal of improvement
The draft bill will be reversing the improvements that have been achieved in the last year with regards to legal procedure, and the few positive remarks in the European Union accession progress report are being met with counter-developments that will present a much graver situation in the coming period. Combined with the intentions to arm the police forces with greater authority to “shoot to kill” in times of protests and plans to multiply the number of water cannons five/tenfold as the Prime Minister has stated, the new bill is just another obstacle created against any kind of free speech, right to assembly, right to access information and many other rights and liberties. It seems and feels like the road to illiberal democracy – if it is democracy at all – is being traveled faster than expected.
source
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