Turkish court upholds Disinformation Act, allowing prison sentences for misleading information

This ruling follows the release of journalist Tolga Şardan, detained under the act for exposing alleged corruption in the judiciary.

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The Turkish Constitutional Court has rejected the annulment request of the controversial Disinformation Act, upholding the provision that permits prison sentences ranging from one to three years for those found guilty of publicly disseminating misleading information.

The decision, made in response to an appeal by the main opposition Republican People’s Party (CHP), means that the article in the Turkish Penal Code remains in force, allowing authorities to investigate, prosecute, and potentially arrest individuals accused of spreading false information.

The ruling comes in the wake of journalist Tolga Şardan’s recent release, who was detained under this act for alleging corruption in the judiciary. Despite objections claiming unjust detention, the court maintained the law’s validity while imposing a travel ban on Şardan.

Why does it matter?

The Disinformation Act, which faced significant criticism from international organizations advocating media freedom, freedom of expression, and journalists’ rights, received parliamentary approval last year, backed by legislators aligned with President Recep Tayyip Erdogan’s ruling party and nationalist allies. Since then, approximately 30 individuals have faced legal proceedings under the law, intensifying concerns about media freedom and free speech in Turkey. Notably, Reporters Without Borders ranks Turkey 165 out of 180 countries regarding press freedoms.