Media Freedoms and Violations Head to Head

Turkish broadcast media has for the first time since 1994 has survived consecutive three months without massive suspensions or bans on audiovisual broadcast, while the number of warnings issued for the TV and radio stations by the Radio and Television Supreme Board (RTÜK) has nearly doubled in the same period between April and June, says BIA2 second quarterly Media Monitoring Report.

Dubbed as BIA2 “Establishing a Countrywide Network for Monitoring and Covering Media Freedom and Independent Journalism Project” publishes quarterly monitoring reports in order to follow the practical implementation of the reforms in line with Turkey’s bid for accession in the European Union.

Kurdish language broadcast

During the quarter April-June TRT, state owned Turkish Radio and Television, started its first broadcasts in languages other than Turkish. The languages covered were Bosnian, Arabic, the Kurdish dialects of Kurmanji and Zaza, and Circassian. Two other major developments of this period were the amendment in the Press Law and the abolishment of State Security Courts. However, the National Security Council still retains power in nominating candidates for Radio and Television Higher Board (RTUK) membership.

The penalties by RTÜK

During these three months, there has been a decrease in the number of penalties issued by the RTUK. For example, there are no penalties for “violating the indivisible unity of the state” nor for “inciting hatred in the society”, both of which have been the basis for 120 days of ‘ordering off the air’ of whole broadcasts during the previous three-month period. Also, the number of programs ordered off the air decreased to five in this quarter from 21 in the previous three-months. However, the number of warnings that were handed out increased to 61 from 39.The amount of fines issued during this period is over 670 billion Turkish liras.

In the 10-page BIA2 report, the violations are discussed under these headings: ‘attacks and threats’, ‘detentions and arrests’, ‘incitements and cases’, ‘RTUK procedures’, ‘statutes and rights’ and ‘censorship and monopoly’.

The print media and journalists

According to the BIA2 report, of the 23 journalists who were being tried, nine of them were charged under Article 159 of Turkish Penal Code and five of them under Article 312. Nine others were charged with ‘insulting’ or ‘insulting an official’.

Of the five cases brought against journalists under Article 159, two resulted in acquittals; others are pending. In two of the three cases brought against journalists under Article 312 the defendants were sentenced. A prosecutor also asked for conviction under Article 159 for Fikret Baskaya, based on his book ‘Akıntıya Karsı Yazılar’, a collection of articles published in the daily ‘Ozgur Gundem’.

Of the six cases against eight journalists, for personal insult charges two cases were resulted in fines: In these cases five journalists from the dailies ‘Vakit’ and ‘Mus Haber’ were fined for a total of 670 billion TL.

Two journalists who were tried under the Press Law were acquitted. A case against three others will be re-examined according to the amended Press Law. A 58-billionTL.-worth disclaimer case brought against the weekly ’Sehrivan’ ended in acquittal.

The abolishment of the State Security Courts

With the abolishment of State Security Courts, the pending cases against monthly ‘Fabrika’ magazine, southern Adana local radio ‘Radyo Dunya’ and Istanbul based pro-Kurdish ‘Yeniden Ozgur Gundem’ daily will all fall under the jurisdiction of Heavy Penal Courts.

Hakan Albayrak, the ex-writer for the daily ‘Milli Gazete’ was sentenced to prison under the ‘Law Regarding Crimes Against Ataturk’ and is incarcerated in Ankara Kalecik prison.

RTÜK warnings

During this three-month period, RTUK issued warnings to 16 radio and television stations, of which 10 are local, for ‘exceeding limits of criticism’.

RTUK also asked for defense statements from Can TV (Diyarbakir), Gun TV (Diyarbakir), Anadolu’nun Sesi (İstanbul), Ozgur Radyo (Ankara), Hakkari FM and Arifan Radyo for ‘inciting violence, terror and ethnic separation in the society’ and from Gun TV and Anadolu’nun Sesi for ‘separatism’.

Attacks on journalists

During the quarter, two journalists were attacked. Of the 25 staff members of DİHA News Agency and Ozgur Halk daily who were detained for ‘having close ties with KONGRA-GEL organization’, Ugur Balık and Barıs Gullu were released after six days. Prior to the NATO Summit in Istanbul, the police detained eight people from the TRT’s İstanbul Radio satation. TRT reporter and trade union Haber-Sen representative Mehmet Demir was sent to Erzurum for a ‘one-month’ mission.

The Council of State refused the case that Diyarbakır Bar Association opened for the annulment of the ‘Regulation on Broadcasts in Languages and Dialects Other Than Turkish’ issued by the RTÜK. The bar had claimed that the regulation was against the norms and guidelines of the Law and universal principles of broadcast.

Inspectors representing the Ministry of Interior interviewed five of the nine local reporters who were attacked by security forces in Diyarbakir. The editor in chief of ‘Devrimci Demokrasi’ magazine, Mahir Zengin, who was incarcerated in Kartal E Type Prison, was released after paying the 10 billion TL (USD 6500) fine.

Further information available from BIA2 Media Monitoring Desk, Erol Onderoglu at [email protected] (AB/EK)