Turkey's Constitutional Court upholds controversial media law, raising concerns about media freedom

Turkey's Constitutional Court has rejected a legal challenge against a new media law that criminalizes the dissemination of misleading information, punishable by up to three years in prison. This controversial legislation, known as the "disinformation law," expands the scope of media regulations to cover online publications and social media platforms as well. President Recep Tayyip Erdogan's right-wing ruling coalition passed this law through parliament last year, despite criticism from his opponents who argue that it amounts to censorship.

The opposition had challenged a particular clause in the law that makes it illegal to spread misleading information to the public. The court's ruling came just days after a lower court ordered the release of reporter Tolga Sardan, who had been imprisoned for publishing a story about alleged judicial corruption. Sardan was charged with disseminating misinformation and had been held in Istanbul's notorious Marmara prison. While jail sentences of three years or less are rarely enforced in Turkey, those found guilty still have to appear at follow-up court hearings and bear heavy legal costs.

This new law further raises concerns about media freedom in the country. Over the past two decades of Erdogan's rule, approximately 90 percent of Turkey's media has come under the control of the government and its business allies. In fact, Turkey ranked 165th out of 180 countries on the 2023 World Press Freedom Index by Reporters Without Borders. The legislation has been highly controversial, with critics arguing that it will be used to suppress government critics, crack down on social media, and restrict independent reporting.

Since the law came into effect last year, around 30 people have been prosecuted under its provisions. Erdogan, on the other hand, has advocated for this law to combat disinformation and fake news, claiming that they pose national and global security threats. However, the decline in freedom of expression and media freedoms in Turkey has raised concerns among international observers. According to the Journalists' Union of Turkey, there are currently 19 journalists or media sector workers behind bars in the country.