Prominent international media freedom groups called on the Turkish government to withdraw proposed amendments to an anti-espionage law in Turkey shortly after the government suspended talks on the legislation for further deliberations with the opposition.
On November 14 the ruling Justice and Development Party (AKP) temporarily withdrew the proposed amendments that were harshly criticized by the opposition for threatening to criminalize the work of journalists, human rights defenders and civil society groups.
The International Press Institute (IPI), the Committee to Protect Journalists (CPJ), the European Centre for Press and Media Freedom (ECPMF) and Reporters Without Borders (RSF), whose representatives were in Ankara on November 14 for a media freedom mission, jointly released the statement on Wednesday about the “agents of influence” legislation.
The groups said they believe the only acceptable compromise would be to replace all references to acting in alignment with or under the direction of foreign states or organizations with “acting on behalf of a foreign intelligence agency.”
“Anything less may open up the possibility for the law to be used to arbitrarily target government critics,” they warned.
After main opposition Republican People’s Party (CHP) official Murat Emir announced the legislation’s withdrawal last week, which he said took place as a result of the efforts of the opposition, ruling AKP group chairman Abdullah Güler suggested that the legislation was not fully withdrawn. He said his party was opening up space for the opposition to voice their concerns and present their proposals for a solution, adding that the AKP will reintroduce the same legislation if the opposition does not come up with a new proposal.
The CHP, along with other opposition parties such as the pro-Kurdish Peoples’ Equality and Democracy Party (DEM Party) and the İYİ (Good) Party, have decided not to put forward any proposal in order to avoid helping the government criminalize free speech, Voice of America Turkish edition reported on Wednesday.
According to the legislation, which proposes amendments to the Turkish Penal Code (TCK), people who disseminate “black propaganda” against Turkey or who appear to be speaking in favor of Turkey when in fact they are actually speaking against it as well as individuals who damage the country’s economic, social or public order, will be defined as “agents of influence” and face prison time.
The proposed addition to Article 339 of the TCK would read: “Those who conduct or commission research on Turkish citizens, institutions, organizations, or foreigners in Türkiye for the strategic interests or instructions of a foreign state or organization against the security or internal or external political interests of the state will face imprisonment of three to seven years.”
If these offenses are committed during “wartime” or in relation to the “state’s preparation for war activities or military operations,” the penalty could be eight to 12 years’ imprisonment.
Opposition parties, including the CHP, have criticized the bill for potentially triggering a witch hunt due to its vague criminal scope and its potential to impose new restrictions on freedom of expression.
More than 80 civil society organizations, including Amnesty International Turkey, called on the Turkish government in a joint statement earlier this month to reject the draft amendment to the country’s espionage laws, warning that if passed, it would significantly threaten the ability of civil society organizations to operate freely in the country.
Meanwhile, the media freedom mission took place on November 13-15 in Ankara. It was led by the IPI and joined by the three other press organizations. The mission met with representatives from the Constitutional Court, broadcast regulator the Radio and Television Supreme Council (RTÜK), opposition political parties, journalists and members of the European diplomatic community. The groups said all their requests to meet with government officials were either declined or ignored.