Draft criminal provision on false or misleading information interferes with freedom of expression
The Venice Commission is concerned about a draft law in Turkey criminalizing false or misleading information dissemination, potentially leading to imprisonment. They argue that this provision restricts freedom of expression as stated in the European Convention on Human Rights.
The Monitoring Committee of the Parliamentary Assembly of the Council of Europe (PACE) requested an urgent opinion from the Venice Commission on the draft amendments to the Turkish Penal Code introducing a false or misleading information provision.
The provision introduces criminalizing the dissemination of false or misleading information. The Commission notes that the confusion surrounding the meaning of the terms in the original version and in the different translations is a matter of concern, as these terms are not sufficiently clear.
The draft law would expose persons guilty of disseminating false or misleading information, be it a journalist, a politician, an activist, a specialized professional, or an individual citizen, to between one and three years in prison.
The Venice Commission concludes that the draft criminal provision on false or misleading information interferes with freedom of expression according to Article 10 of the European Convention on Human Rights(ECHR).