Turkish lawmakers have voted to adopt a law that aimed at preventing “disinformation” in the media and online, despite widespread concerns about the measure’s potential to quash free speech.
Lawmakers from President Recep Tayyip Erdogan’s ruling Justice and Development Party (AKP) and the Nationalist Movement Party (MHP), which together have a majority, voted in parliament on Oct. 13 to approve the legislation. The bill now goes to Erdogan for final approval.
While government officials have said the highly controversial bill is needed to combat fake news and disinformation, opposition members of parliament as well as European countries and media rights activists have called to scrap it.
Many have taken issue with Article 29 in the measure, saying that it may be used to enforce censorship and quash free speech, as well as threaten independent journalism, since the Turkish government currently controls a majority of major news outlets in the country.
Article 29 says that people who are found guilty of spreading false information online intended to “create fear and disturb public order” could be punished with a prison sentence of one to three years. The measure also stipulates that if anonymous accounts are used to spread the alleged disinformation, sentences can be increased by up to half.
Critics also said there is no clear definition of “false or misleading information” and courts could abuse the law.
The new legislation comes amid dwindling support for Erdogan and his AKP, ahead of the country’s general elections in June 2023.
The Venice Commission, which advises the human rights group Council of Europe, has said it is particularly concerned about the consequences of the bill’s prison provision, “namely the chilling effect and increased self-censorship” ahead of the elections.
The Turkish Journalists’ Union (TGS), which comprises seven leading journalist organizations in the country, condemned how the Turkish government had “consulted the opinion of the U.S.-based digital media companies” in preparing the bill, but “failed to seek the views of the journalism organizations in Turkey who will be directly affected.”
“[T]he law’s vaguely defined provisions facilitate further the prosecution of those who allegedly publicly disseminate ‘false information’ and could see people facing jail terms of up to three years merely for a retweet,” Yildiz said, adding that the measure opens “new avenues for the authorities to extend their draconian crackdown on freedom of expression and increase the chilling effect that fear of criminal prosecution brings.”
