Turkey’s ‘Disinformation’ Law Prompts Fears as ‘Fake News’ Is Punishable With 3-Year Prison Sentence

Turkish President Recep Tayyip Erdogan attends a meeting with the Russian president on the sidelines of the Shanghai Cooperation Organization leaders' summit in Samarkand on Sept. 16, 2022. Alexandr Demyanchuk/SPUTNIK/AFP via Getty Images

Turkey’s government has proposed a law aimed at preventing so-called “disinformation” from being spread in both the media and online, but experts fear the new bill could threaten free speech ahead of next year’s elections.

The draft bill (pdf) was prepared behind closed doors by the country’s ruling Justice and Development Party (AKP) and the Nationalist Movement Party (MHP) in May and has been sent to Parliament for approval. It is widely expected to be passed in the coming weeks.

Government officials have said the highly controversial bill is needed to combat fake news and disinformation.

However, one specific article of the bill, article 29, has drawn criticism from opposition parties and press groups who fear it may be used to enforce censorship and clamp down on independent journalism, noting that the Turkish government currently controls a majority of major news outlets in the country.

The article in the bill states that the spreading of “fake news” could be punishable with a prison sentence of up to three years.

“Any individual who publicly disseminates false information in a manner to incite fear and anxiety about the domestic and international security concerns, public order and public health concerns of the country, with the motive of triggering anxiety, fear or panic among the public, shall be liable for imprisonment for three years to one year,” the article states.

“If the crime is committed by concealing the original identity of the perpetrator or within the framework of the activity of an organization, the penalty given in accordance with the above paragraph is increased by half.”

Mykhailo Podolyak, adviser to Ukrainian President Volodymyr Zelenskyy, talks to media after a meeting with Russian negotiators in Istanbul, Turkey, on March 29, 2022. Kemal Aslan/Reuters

‘Chilling Effect and Increased Self-Censorship’

The provision applies to any individual, journalist, politician, and activist as well as groups of individuals, organizations, media outlets, online platforms, or other intermediaries, according to the Venice Commission, which advises the Council of Europe.

In a statement on Oct. 10, the Commission warned that the bill could have serious consequences on freedom of speech in the country, particularly in light of its vague language.

“The Commission is particularly concerned with potential consequences of such provision, namely, the chilling effect and increased self-censorship, not least in view of the upcoming elections in June 2023,” it wrote.

According to the Commission, the bill “constitutes an interference with the freedom of expression” protected by the European Court of Human Rights, and “albeit acknowledging that the draft provision pursues a legitimate aim, the Venice Commission considers that there is no pressing social need to introduce the criminal provision at stake.”

It added that there are “alternative, less intrusive ”measures that can be used to counter disinformation and that have been implemented and are effective in several other states.

“The Venice Commission has therefore serious doubts upon the necessity in a democratic society of the criminal response to ‘false or misleading information’ envisaged with the draft amendment in question,” it wrote.

Journalists shout slogans and hold placards during a march marking Journalism Day on Istiklal avenue in Istanbul as they protest against the imprisonment of journalists, on Jan. 10, 2016. Ozan Kose/AFP/Getty Images

‘False and Meaningless’ Claims of Censorship

Over 20 leading journalism organizations, including the International Press Institute, the Association of European Journalists, and the European Centre for Press and Media Freedom have also condemned the move.

They added that the bill will also bring news sites under the Press Law (Basin Kanunu) which they said will “enable the government to use the expanded role of the Press Advertising Agency, Basin Ilan Kurumu (BIK), to fund online propaganda while excluding critical outlets as has been applied in the print media.”

The new bill comes amid dwindling support for President Recep Tayyip Erdogan and his Justice and Development Party (AKP) ahead of Turkey’s general elections in June 2023 as the country battles surging inflation and hardship prompted by COVID-19 pandemic lockdowns.

Main opposition leader Kemal Kilicdaroglu claimed in a speech on Oct. 4 that Erdogan’s party had introduced the new bill ahead of the election to stave off allegations of corruption against the government, The Associated Press reported.

Amid backlash to the bill, Erdogan’s AKP has denied that the bill would increase censorship and that it is in line with the European Union’s Digital Services Act and General Data Protection Regulation.

“We are making a regulation on disinformation. Blocking or restriction of social media is out of the question. The AK Party is a party that fights against censorship and bans,” said AKP lawmaker Huseyin Yayman earlier this month, Reuters reported.

He added that concerns over the bill being used to silence critics ahead of next year’s elections were both “false and meaningless.”