- The administrative fine imposed by the Radio and Television Supreme Council (RTÜK) on Now TV over journalist Çiğdem Toker’s remark, “Democracy is not limited to the ballot box,” has been annulled.
- The Court of Cassation ruled that the statements fall within the scope of freedom of expression.
The 13th Chamber of the Court of Cassation found the administrative fine imposed by RTÜK unlawful and annulled it, over Toker’s evaluation on the night of the May 28, 2023 elections. The decision was assessed within the scope of freedom of expression.
The fine had been issued on the grounds of Toker’s statement — “Democracy is not limited to the ballot box” — made on the program Orta Sayfa, which was broadcast at the time on Fox TV (now known as Now TV). RTÜK had argued that these remarks violated the principle in broadcasting legislation that prohibits inciting society to hatred and hostility.
Now TV filed a lawsuit requesting the annulment of the fine. The Ankara 25th Administrative Court rejected the case. Upon appeal, the 10th Chamber of the Ankara Regional Administrative Court examined the case and annulled the RTÜK fine, finding it unlawful.
According to a post Toker made on her X account, the appellate court stated that the remarks in question did not include incitement to violence or hate speech, remained within the scope of criticism, and should be evaluated within the limits of freedom of expression.
RTÜK brought the decision to the Court of Cassation. The 13th Chamber unanimously upheld the appellate court’s decision and rejected RTÜK’s appeal request.
In the same post, Toker stated that she had been targeted on social media due to her remarks and that there had been calls for her arrest. She also said that she had intervened in the case filed against the RTÜK fine during the process.
