Activity Details (ID# 10860)

Activity Synopsis

The objectives of the Seminar were to present the European standards regarding freedom of expression and information and to discuss the application of these standards in Turkey. 

The Seminar was opened by Minister of State Besir Atalay, who presented the latest amendments made to the Press Law taking into account the case law of the European Court of Human Rights. He pointed out that the right of journalists to report and discuss matters of public interest was thus secured. He further underlined the role and the importance of the media in a democratic society in this context.

During the Seminar, Mrs Fatos ARACI, Principal Administrator at the European Court of Human Rights gave a presentation of the most important standards regarding freedom of expression which can be drawn from the case law of the European Court of Human Rights. The first session focused on standards regarding privacy, defamation and insult and the second session on standards regarding protection of sources, state secrecy and access to information. She gave several concrete examples of judgments and explained the Court’s reasoning in these judgments. In particular, she drew the participants’ attention to the importance of the principle of proportionality in cases of defamation. Lastly, she insisted on the “direct effect” of the Convention, i. e. on the fact that the wording of the criminal code does not prevent prosecutors and judges from taking decisions in conformity with the European Convention of Human rights.

Mr Erhan Karadag, the Ankara representative of the Yeni Safak newspaper, focused on the rights and responsibilities of journalists regarding privacy, defamation and insult. He drew attention to the importance of abiding by rules of ethics. He stated that reports which constitute an interference with the private life of politicians should be prevented.

Mr Bilal Kartal, the Head of 4th Civil Law Department of the Supreme Court of Appeals, gave a presentation on the relevant domestic law (standards). He emphasised that the offences set out in the Turkish Criminal Code should be assessed within the particular circumstances of each case. In particular, allegations of interference with private life must be subjected to greater scrutiny. He stated that in those cases, judges should apply a narrow interpretation of freedom of expression.

The academic participant, Prof. Dr. Bulent Capli, Faculty of Communication of Ankara University, and Nuran Batur, the representative of the Hurriyet newspaper, indicated that the legislative amendments were adequate, however they pointed out the risk that some journalists could act contrary to their obligations.

During the discussions, references were made to several Recommendations and Declarations of the Committee of Ministers, in particular to the Declaration on freedom of expression and information in the context of the fight against terrorism.

Mrs Araçi also recalled, during the discussions, that the right balance should be struck between the right to private life and the right to freedom of expression and illustrated her point with judgments of the European Court of Human Rights.

Several practical questions regarding defamation and the notion of necessity in a democratic society were raised by the participants and answered by Mrs Araçi.
 

The participants were very interested by the discussions during the Seminar; they concluded that the new Press Law was a positive development; they also agreed that the provisions of the new Turkish Criminal Code might have a negative effect on the freedom of the press, but were convinced that this negative effect could be avoided by applying the case law of the European Court of Human Rights. In this context, the seminar was most timely and highly appreciated. 

Journalists, judges and prosecutors 

Mrs Fatos ARACI, Principal Administrator, European Court of Human Rights 

Mr Hanno Hartig, Head of Department for Minorities, Media and Equality, Directorate General of Human Rights