MLSA to Committee of Ministers: RTÜK disregards ECtHR decisions

MLSA to Committee of Ministers: RTÜK disregards ECtHR decisions

 

MLSA has submitted a report to the Committee of Ministers of the Council of Europe, highlighting the ever-expanding powers of the Radio and Television Supreme Council (RTÜK) in Turkey. The report emphasizes RTÜK's arbitrary and politically motivated use of its powers, particularly noting its disregard for decisions of the European Court of Human Rights (ECtHR). The MLSA raised concerns about RTÜK's latest statement on YouTube, pointing out that bringing one of the few platforms available for independent media in Turkey under RTÜK's control could significantly harm press freedom in the country.

In its 9.2 Communication concerning the Özgür Radyo case group, the MLSA referenced its data on RTUK's 2023 decisions, revealing that the council imposed a total of 88 million 480 thousand 826 Turkish Lira in administrative fines, up to 997 days of broadcasting suspensions, and stopped 292 programs within a year. The report highlighted that the majority of these penalties were levied against broadcasts critical of the government.

The report showcased the arbitrary and political nature of RTÜK's authority by citing the 43 million Lira fine imposed on FOX TV in 2023, in stark contrast to the lack of sanctions against government-aligned media groups such as Turkuvaz and Demirören Media. The MLSA also referred to a penalty imposed on KRT for using the term "Kurdistan" during a program, arguing that RTÜK's penalties ignore the necessity criteria in a democratic society outlined in the European Convention on Human Rights.

The MLSA's communication underscored the significant expansion of RTÜK's powers after 2019, extending its reach from radio and television broadcasts to digital platforms, online news sites, and various digital publications. The report warned that the inclusion of YouTube under RTÜK's scrutiny threatens to narrow the already limited space for independent media in Turkey, posing a significant risk to freedom of expression and press freedom.

Furthermore, the MLSA mentioned RTÜK's actions against international media outlets such as Deutsche Welle, Voice of America, and Euronews, which were subjected to licensing requirements and access bans for non-compliance. The report noted that accessing these sites from Turkey without a VPN has become impossible.

The MLSA's findings for 2023 showed that channels were fined nearly 31 million Lira for content critical of the AKP or its affiliates, with the largest portion of fines related to election coverage. This was followed by penalties for statements regarding organized crime groups operating in Turkey and criticism of the government's role in post-earthquake relief efforts.

In its report, the MLSA called on the Committee of Ministers to take action against RTÜK's violations of the Convention and ECtHR decisions, urging Turkey to present an action plan. The association also recommended a re-evaluation of the access bans on Deutsche Welle and Voice of America.

For the full text of MLSA's communication please click here.

The 9.2 Communication is a tool used by civil society organizations to report on human rights violations in Turkey and to assess whether necessary measures have been taken in response to ECtHR decisions. These notifications serve as a critical means for organizations to advocate for human rights in the country.

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Medya ve Hukuk Çalışmaları Derneği (MLSA) haber alma hakkı, ifade özgürlüğü ve basın özgürlüğü alanlarında faaliyet yürüten bir sivil toplum kuruluşudur. Derneğimiz başta gazeteciler olmak üzere mesleki faaliyetleri sebebiyle yargılanan kişilere hukuki destek vermektedir.