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Turkey's “Fake News” Bill: Targeting Disinformation or Dissent?

Turkey’s Parliament passed new legislation on October 13th, criminalizing the spread of “fake information,” and giving the government authority to jail journalists and social media users for up to three years for violations.[1] The bill, proposed by President Recep Tayyip Erdoğan, and passed by a Parliament controlled by his party (AKP), now faces its final hurdle: approval from President Erdoğan himself.[2] Because the language of the bill is vague, and the crime is loosely defined, the legislation would give the government broad discretion in deciding how and when to prosecute violators.[3]

Critics of the bill, pointing to the upcoming presidential and parliamentary elections in June 2023, argue that the bill’s real purpose is to stifle free speech and dissent of the President and his party.[4] This would be consistent with Erdoğan’s intolerance of opposition, which has led to tens of thousands charged and sentenced for the crime of “insulting the president” over the past seven years.[5] Increased government censorship of the internet and social media over the past 16 years has further stifled dissent.[6] Since 2006, Turkey has banned close to half a million websites, and in just 2020, the government ordered the removal of 15,832 online news articles, most of which criticized Erdoğan’s government.[7] Websites of many foreign news outlets have been blocked and 90% of the national media is under state control.[8]

Until now, social media users in Turkey have enjoyed a greater degree of freedom. This bill could put an end to that, however, as it requires social media companies and internet sites to provide the personal information and details of users who are suspected of spreading disinformation.[9] Companies that do not comply with this new law could face large fines or slowdowns in the speed of their services in Turkey.[10]

President Erdoğan has never tried to hide his disapproval of social media, describing it as “a menace” and “a threat to democracy.”[11] But is Erdoğan really worried that social media will threaten democracy, or is it democracy itself that Erdoğan fears? Social media has played an integral role in previous anti-government demonstrations in Turkey, and more specifically, anti-Erdoğan demonstrations.[12] Twitter was used to organize and mobilize demonstrators in Istanbul's 2013 Gezi Park Protests, which began as demonstrations to save a park, but quickly turned into “anti-Erdoğan and anti-AKP” protests when the government responded with excessive force and violence.[13] Social media platforms were further necessary to publicize the protests, as the national television was broadcasting a documentary about penguins instead of covering the demonstration.[14]

With an economic crisis on his hands and a current approval rating of 38.6%, the lowest since 2015, Erdoğan has reason to worry about his standing in the 2023 presidential election.[15] Given his history of suppressing dissidents and tenuous position in the upcoming election, it seems reasonable to question whether Erdoğan’s motive behind this bill is really to protect democracy, as he claims, or to protect his regime.

Taryn Gallagher is a staff member of Fordham International Law Journal Volume XLVI.

 
 

This is a student blog post and in no way represents the views of the Fordham International Law Journal.


[1] Ben Hubbard & Safak Timur, Turkey Allows Jail Terms for What It Deems ‘Fake News’, N.Y. Times, (Oct. 14, 2022), https://www.nytimes.com/2022/10/14/world/europe/turkey-jail-fake-news.html.

[2] Turkey Adopts New 'Disinformation' Law that Could Jail Journalists, France 24, (Oct. 14, 2022, 12:02 AM), https://www.france24.com/en/europe/20221013-turkey-adopts-new-disinformation-law-that-could-jail-journalists.

[3] Hubbard, supra note 1.

[4] Firat Kozok & Beril Akman, New Turkey Law Mandates Jail Time for Spreading ‘Disinformation’, Bloomberg, (Oct. 13, 2022, 2:59 AM), https://www.bloomberg.com/news/articles/2022-10-13/turkey-criminalizes-spread-of-false-information-on-internet?leadSource=uverify%20wall.

[5] Turkish Journalist Arrested for Insulting President Erdogan, Al Jazeera, (Jan. 23, 2022), https://www.aljazeera.com/news/2022/1/23/turkish-journalist-arrested-on-charge-of-insulting-erdogan.

[6] Hamdi Firat Buyuk, Turkish Govt Increasing Internet, Social Media Censorship: Report, BalkanInsight, (Aug. 17, 2021, 12:54 PM), https://balkaninsight.com/2021/08/17/turkish-govt-increasing-internet-social-media-censorship-report/.

[7] Id.

[8] Hubbard, supra note 1; Kozok, supra note 4.

[9] Hubbard, supra note 1.

[10] Id.

[11] Servet Yanatma, Social Media and Protests in Turkey - Seminar Report, Reuters Institute for the Study of Journalism, (March 1, 2016), https://reutersinstitute.politics.ox.ac.uk/news/social-media-and-protests-turkey-seminar-report.

[12] Id.

[13] Id.

[14] Turkey Protests: Recep Tayyip Erdogan Slams 'The Menace Of Twitter', Huffington Post UK, (June 3, 2013), https://www.huffingtonpost.co.uk/2013/06/03/turkey-recep-tayyip-erdogan-twitter-social-media_n_3377233.html.

[15] Ali Kucukgocmen, Turkey's Economic Woes are Hurting Erdogan - Polls, Reuters, (Jan. 11, 2022), https://www.reuters.com/markets/europe/turkeys-economic-woes-are-hurting-erdogan-polls-2022-01-11/; The 2023 Turkish elections: An Unmarked Road, Al Jazeera Centre for Studies, (Oct. 9, 2022), https://studies.aljazeera.net/en/policy-briefs/2023-turkish-elections-unmarked-road.