Istanbul, January 11, 2024—In a significant development, Turkey’s Constitutional Court has invalidated a legal provision that empowered local courts to take down online news. The decision has been warmly welcomed by the Committee to Protect Journalists (CPJ), marking a positive step toward safeguarding press freedom in the country.
Özgür Öğret, CPJ’s representative in Turkey, expressed satisfaction with the court’s move, stating, “We are pleased that Turkey’s highest court found unconstitutional the legal article that had been used to take down online news with public value under the guise of protecting individuals’ rights.” He added, “The road to legally protect the press and the free flow of information in Turkey remains long and challenging, but we applaud the court’s step in the right direction.”
The legal modifications, introduced in 2020, faced scrutiny from CPJ, as they amended Turkey’s 2007 internet law, allowing individuals to petition local courts to remove online content violating their “personal rights” or privacy.
According to news reports, the Constitutional Court, in its ruling on Wednesday, emphasized that this provision impeded freedom of expression and the press. The effects of this groundbreaking decision will be felt in nine months, indicating a substantial shift in the legal landscape.
The controversial law had compelled media outlets to remove numerous pieces of critical content, as highlighted by the Freedom of Expression Association, a Turkish nonprofit. Their 2021 report revealed that 432 out of 548 news articles blocked by the law were on subjects of public interest.
In a dual victory for freedom of expression, the court also nullified another clause in the law. This particular provision had granted the Information Technologies and Communication Authority (BTK) the authority to take down content without requiring a court order. The court’s decision underscores a commitment to upholding fundamental principles of free speech and press independence in Turkey.