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VIOLATIONS OF PRESS FREEDOM ARE SERIOUS, ACCORDING TO EU
[email protected]
Hurriyet, Turkey
Oct 14 2011
Sections concerning freedom of expression and media freedoms in the
European Union's 2011 progress report on Turkey assesses developments
of the past 12 months and take up more space than last year's report.
Stefan Fule, the EU commissioner responsible for enlargement, said
the EU would focus more on problems of media freedom in Turkey in
response to the arrests of journalists last spring, and that these
problems would be evaluated more in progress reports.
Freedom restricted in practice
In fact, the progress report repeats the paradox that had emerged
about media freedoms last year. On one hand, progress in this field is
mentioned. In this context, for example, the report says, "the media
and the society openly and freely discuss those matters regarded as
sensitive such as the Kurdish issue and the Armenian issue."
However, the same report emphasizes "the high number of violations of
freedom of expression raises serious concerns," and "freedom of the
media was restricted in practice." It also says "the imprisonment of
journalists and the confiscation of unpublished manuscripts fuelled
these concerns."
The report continues as, "A large number of cases were launched against
writers and journalists writing on the Kurdish issue. Pressure on
newspapers which report on the Kurdish question has continued.
Journalists were convicted." Internet bans continue, it adds.
It is also significant where the EU Commission sees the sources of
the violations in the field of media freedom. The EU categorizes three
reasons: first is problematic legislation; second is interpretation and
application of the existing legal provisions by courts and prosecutors;
the third is "political responses."
The EU report defines these three fields as "obstacles to the free
exchange of information and ideas."
Disproportion in court decisions
If we start with legislation, the Turkish Criminal Code (TCK) is
seen as "highly problematic." The report lists one by one all the
articles that pose problems to press freedom (such as 214, 215, 220,
285, 288 and 314.) According to the report, "the criminal code is
open to disproportionate use to limit freedom of expression."
The Press Law and the Law on the Protection of Ataturk are listed
within this group, whereas there is a stronger emphasis on the
Anti-Terror Law. According to the report, the cause of concern in
this law stems from "a wide definition of terrorism." The need to
revise articles six and seven of this law is openly stated in the text.
In the second group, there is "lack of proportionality in the
interpretation and application of the existing legal provisions
by courts and prosecutors, which leads to violations of freedom
of expression."
EU also touches the government
In the third category, political responses - in other words the
attitude of the political power - is shown as one of the sources
violating media freedom. The European Commission thus expresses that
the troubles experienced in the field of press freedom do not only
stem from legislation and court practices but also from the government.
Here, there is also reference to the negative effects of cases launched
against the press by high-level government and state officials
and by the military. All of these, according to the report, have a
"chilling effect" on freedom of expression in Turkey. The referral
to the "wide self-censorship" in Turkish media in this section is
one of the though-provoking aspects of the report.
The EU report, just as it did last year, reminds of the tax fine
imposed in 2009 against the Dogan Media Group and also states that,
"In general, numerous and high fines were imposed on the media." As
in last year's report, it repeated that there is "undue pressure"
on the media.
As a result, the EU report tell us that press freedom is seen as one
of the most problematic areas in Turkey in terms of global democratic
values in the Western world.
* Sedat Ergin is a columnist for Daily Hurriyet in which this piece
appeared on Oct. 14. It was translated into English by the Daily
News staff.
From: Emil Lazarian | Ararat NewsPress
[email protected]
Hurriyet, Turkey
Oct 14 2011
Sections concerning freedom of expression and media freedoms in the
European Union's 2011 progress report on Turkey assesses developments
of the past 12 months and take up more space than last year's report.
Stefan Fule, the EU commissioner responsible for enlargement, said
the EU would focus more on problems of media freedom in Turkey in
response to the arrests of journalists last spring, and that these
problems would be evaluated more in progress reports.
Freedom restricted in practice
In fact, the progress report repeats the paradox that had emerged
about media freedoms last year. On one hand, progress in this field is
mentioned. In this context, for example, the report says, "the media
and the society openly and freely discuss those matters regarded as
sensitive such as the Kurdish issue and the Armenian issue."
However, the same report emphasizes "the high number of violations of
freedom of expression raises serious concerns," and "freedom of the
media was restricted in practice." It also says "the imprisonment of
journalists and the confiscation of unpublished manuscripts fuelled
these concerns."
The report continues as, "A large number of cases were launched against
writers and journalists writing on the Kurdish issue. Pressure on
newspapers which report on the Kurdish question has continued.
Journalists were convicted." Internet bans continue, it adds.
It is also significant where the EU Commission sees the sources of
the violations in the field of media freedom. The EU categorizes three
reasons: first is problematic legislation; second is interpretation and
application of the existing legal provisions by courts and prosecutors;
the third is "political responses."
The EU report defines these three fields as "obstacles to the free
exchange of information and ideas."
Disproportion in court decisions
If we start with legislation, the Turkish Criminal Code (TCK) is
seen as "highly problematic." The report lists one by one all the
articles that pose problems to press freedom (such as 214, 215, 220,
285, 288 and 314.) According to the report, "the criminal code is
open to disproportionate use to limit freedom of expression."
The Press Law and the Law on the Protection of Ataturk are listed
within this group, whereas there is a stronger emphasis on the
Anti-Terror Law. According to the report, the cause of concern in
this law stems from "a wide definition of terrorism." The need to
revise articles six and seven of this law is openly stated in the text.
In the second group, there is "lack of proportionality in the
interpretation and application of the existing legal provisions
by courts and prosecutors, which leads to violations of freedom
of expression."
EU also touches the government
In the third category, political responses - in other words the
attitude of the political power - is shown as one of the sources
violating media freedom. The European Commission thus expresses that
the troubles experienced in the field of press freedom do not only
stem from legislation and court practices but also from the government.
Here, there is also reference to the negative effects of cases launched
against the press by high-level government and state officials
and by the military. All of these, according to the report, have a
"chilling effect" on freedom of expression in Turkey. The referral
to the "wide self-censorship" in Turkish media in this section is
one of the though-provoking aspects of the report.
The EU report, just as it did last year, reminds of the tax fine
imposed in 2009 against the Dogan Media Group and also states that,
"In general, numerous and high fines were imposed on the media." As
in last year's report, it repeated that there is "undue pressure"
on the media.
As a result, the EU report tell us that press freedom is seen as one
of the most problematic areas in Turkey in terms of global democratic
values in the Western world.
* Sedat Ergin is a columnist for Daily Hurriyet in which this piece
appeared on Oct. 14. It was translated into English by the Daily
News staff.
From: Emil Lazarian | Ararat NewsPress