Türkiye: İnsan hakları  örgütleri, darbeye katılmakla suçlanan gazetecilerin davasını takip edecek

[vc_row][vc_column][vc_column_text]19 Haziran’da aralarında gazetecilerin de olduğu 17 sanığın yargılandığı davanın ilk duruşması görülecek. Sanıklar arasında önde gelen yazar ve siyasi yorumculardan Ahmet Altan, Mehmet Altan ve Nazlı Ilıcak da var. Dava, geçen yıl gerçekleşen başarısız darbe girişimine katılmış olmakla suçlanan gazetecilerin yargılandığı davalardan ilki ve mahkemelerin Olağanüstü Hal ortamında ifade özgürlüğü ve adil yargılanma hakkı ile ilgili sayısız davaya nasıl yaklaşacaklarına ışık tutabilir.

Sanıklarla ve Türkiye’deki basın özgürlüğüyle dayanışmayı göstermek için, ARTICLE 19, Uluslararası Af Örgütü, Index on Censorship, Norveç PEN ve Uluslararası PEN temsilcileri duruşmaya gözlemci olarak katılıyor olacak. İngiltere ve Galler Barosu İnsan Hakları Komitesi ve Uluslararası Kıdemli Avukatlar Projesi de duruşmaya gözlemci gönderecekler.

Sanıklara yönelik suçlamalar, Cumhurbaşkanı Erdoğan ve Türk hükümetinin “suçtan zarar görenler” olarak nitelendirildiği 247 sayfalık iddianamede yer alıyor. Sanıklar Ahmet Altan, Mehmet Altan ve Nazlı Ilıcak “Türkiye Büyük Millet Meclisini ortadan kaldırmaya teşebbüs”, “Türkiye Cumhuriyeti Hükümetini ortadan kaldırmaya teşebbüs”, “Anayasal düzeni ortadan kaldırmaya teşebbüs” ve “Silahlı bir terör örgütüne üye olmamakla birlikte örgüt adına suç işlemek” suçlamalarıyla yargılanıyor. Geri kalan sanıklar ayrıca, Türk hükümetinin darbe girişimini düzenlediğini iddia ettiği Gülen hareketine atıfla “terör örgütü üyeliği” ile suçlanıyor.

Davalıların çoğunluğu ya ülke dışında sürgünde ya da neredeyse 10 aydır tutuklu olarak yargılanıyor.  Avrupa İnsan Hakları Mahkemesi 14 Haziran’da, Altanlar ve Nazlı Ilıcak’ın da aralarında bulunduğu tutuklu yedi gazetecinin haklarının uzun süreli tutuklulukları nedeniyle ihlal edilip edilmediğini belirlemek amacıyla bir dizi sorunun yanıtını talep eden bir dilekçeyi Türkiye yetkililerine iletti.

Bu davanın siyasi amaçlı olduğuna inanıyoruz ve yetkilileri, uluslararası yasalar altında açık bir şekilde suç teşkil eden fiillerin kanıtını sunmadıkları takdirde tüm suçlamaları düşürmeye ve tutuklu sanıkları derhal ve koşulsuz olarak serbest bırakmaya çağırıyoruz.

ARTICLE 19, savunma avukatlarının talebi üzerine Altan kardeşlere yönelik suçlamaları inceleyen bir uzman görüşü hazırladı ve bunu da duruşmada mahkemeye sunacak. Görüş, Altanlara atfedilen suçlamaların, ifade özgürlüğü hakkının yasal olmayan bir şekilde kısıtlanması anlamına geldiğini savunuyor.

Türkiye’de ifade özgürlüğü hakkında daha ayrıntılı bilgi için, lütfen Mayıs 2017’de BM İnsan Hakları Konseyi’ne sunulan ortak bildiriye bakınız.

 

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Will Meta’s changes to content moderation work?

Mark Zuckerberg’s announcement this week of changes to Meta’s content moderation policies appeared to primarily be about building trust. Trust among users. Trust among investors. And trust among the incoming Trump administration. “It’s time to get back to our roots around free expression,” Zuckerberg said in his announcement.

While we applaud anything that is generally trying to embolden free expression, will these moves actually do that? We break it down –

Fact-checking

In the USA, Meta is abandoning the use of independent fact checkers on its platforms (Facebook, Instagram and Threads) and replacing them with X-style “community notes”, where commenting on the accuracy or veracity of posts is left to users. But fact checks by dedicated fact-checking organisations do not work against free expression. As a rule they do not remove, override or stifle existing content. Instead they challenge it and contextualise it. As tech expert Mike Masnick wrote after the announcement: “Fact-checking is the epitome of “more speech”— exactly what the marketplace of ideas demands. By caving to those who want to silence fact-checkers, Meta is revealing how hollow its free speech rhetoric really is.”

On the flipside, as Masnick also points out, professional fact checkers are not always effective. The “people who wanted to believe false things weren’t being convinced by a fact check (and, indeed, started to falsely claim that fact checkers themselves were ‘biased’),” he writes. The notion of “bias” was referenced by Zuckerberg himself, who accused fact-checkers of this.

No fact-checker should be biased, although this is difficult to control. Many fact-checkers have taken issue with Zuckerberg’s assertion that they could be biased. Full Fact, who are part of Meta’s fact-checking programme, said that they “absolutely refute Meta’s charge of bias – we are strictly impartial, fact check claims from all political stripes with equal rigour, and hold those in power to account through our commitment to truth.”

While the set-up that existed until now has been imperfect, are proposed community notes any better? This is complicated. and there is little evidence to suggest they work to the extent that Zuckerberg claims. Community notes tend to be effective for issues on which there is consensus, because there must be agreement before a note can be added to a post. This means that misleading posts on politically divisive subjects often go unchecked, while some accurate posts can be flagged as untrue if enough people determine it that way. According to MediaWise, a media literacy programme at the Poynter Institute, only about 4% of drafted community notes about abortion and 6% of those on immigration were made public on X.

There is also a big difference between those who are paid (and qualified) to fact-check versus non-professionals and this can be evident in the very logistics. According to X, “in the first few days of the Israel-Hamas conflict, notes appeared at a median time of just five hours after posts were created.” In the online world, where a post can go viral within minutes, hours is a long time, arguably too long.

Content moderation

In addition to getting rid of dedicated fact-checkers, Meta is dialling back its content moderation teams and reducing reliance on filters. The move away from automated content moderation processes is to be welcomed. Due to the complexity of speech and online content sharing – with languages and communities evolving slang, colloquialisms and specific terminology – and the ambiguity over imagery, automated processes do not retain the contextual details or complexity necessary to make consistent and informed decisions.

Mis- and disinformation are problematic standards for content removal too. For instance, satire is commonly presented as fact when obviously false and this a central tenet of protected speech across the globe. Simply removing all posts that are deemed to contain misinformation is not and has not worked.

What is more, censoring misinformation does not address the root cause; removing fake news only temporarily silences those that spread it. It doesn’t demonstrate why the information they are spreading is inaccurate. It may even end up giving conspiracy theorists more reason to believe in their theories by feeling that they are being denied access to information. It can end up undermining trust.

Content moderation isn’t just about removing perceived or real misinformation. It is also about removing posts that propagate hate and/or incite violence. Like with misinformation these have to date been imperfectly applied – sweeping up legal speech and missing illegal speech. Algorithms are ultimately imperfect. They miss nuance and this has had a negative impact on speech across Meta platforms.

It is right for Meta to review these policies as they have too often, to date, failed the free speech test.

Still, in scaling filters back – rather than addressing how to improve them – it does run the risk of allowing a lot more bad content in. Zuckerberg, by his own admission, says that the newly introduced measures are “a “trade-off”. “It means we’re going to catch less bad stuff, but we’ll also reduce the number of innocent people’s posts and accounts that we accidentally take down.”

The flipside of catching “less bad stuff” can be, ironically, less free speech. Harassment can drive people to silence themselves or leave online spaces entirely. This form of censorship (self-censorship) is insidious and cannot be easily measured. Unchecked it can also lead to some of the gravest attacks onto human rights. In 2022 Amnesty issued a report looking into Meta’s role in the Rohingya genocide. It detailed “how Meta knew or should have known that Facebook’s algorithmic systems were supercharging the spread of harmful anti-Rohingya content in Myanmar, but the company still failed to act”.

Following Zuckerberg’s announcement, Helle Thorning-Schmidt, from Meta’s oversight board, said: “We are seeing many instances where hate speech can lead to real-life harm.” She raised concerns about the potential impact on the LGBTQ+ community as just one community.
Another damning response came from Maria Ressa, Rappler CEO and Nobel Peace Prize winner:
“Journalists have a set of standards and ethics. What Facebook is going to do is get rid of that and then allow lies, anger, fear and hate to infect every single person on the platform.”

Finally, Zuckerberg said the remaining content moderation teams will be moved from California to Texas where, he said, “there is less concern about the bias of our teams”. As pointed out by many, including the Electronic Frontier Foundation, there is no evidence that Texas is less biased than California. Due to the political leadership of Texas and the positioning of this state and the perception that it is more closely allied with the incoming administration, there are real concerns that this is replacing one set of perceived biases with another. Instead, a free-speech first approach would be to address what biases exist and how current teams can overcome them, irrespective of geographical location. Establishing a process based on international human rights and free expression standards would be a step in the right direction.

Hateful conduct policy

In Zuckerberg’s announcement he stated “we’re going to simplify our content policies and get rid of a bunch of restrictions on topics like immigration and gender that are just out of touch with mainstream discourse. What started as a movement to be more inclusive has increasingly been used to shut down opinions and shut out people with different ideas, and it’s gone too far.”

Simplifying the policies can increase their efficacy, with users clearer as to the standards employed on the platforms. However, suggesting that policies must move with “mainstream discourse” is a challenging threshold to maintain and could embed uncertainty into how Meta responds to the ever-changing and complex speech environment. Identifying topics such as immigration and gender threatens to define such thresholds by the contentious topics of the day and not objective standards or principles for free expression.

It could also open the floodgates to a lot of genuine hate speech and incitement, which will be incredibly damaging for many individuals and communities – in general and in terms of free speech.

Foreign interference

In Zuckerberg’s speech he took issue with foreign interference. Platforms and governments have often collided over their interpretations of what is acceptable content and who has the power to decide. Ideally we’d have standardised community guidelines and rules of moderation in line with international human rights law. In practise this is not the case. Except instead of highlighting countries where the human rights record is woeful and content removal requests have been clearly politically motivated, Zuckerberg cited Latin America and Europe here. Article19 said they were “puzzled by Mark Zuckerberg’s assertion that Europe has enacted an ‘ever-increasing number of laws institutionalizing censorship’” and that it showed “misunderstanding”.

Parking a discussion of EU laws, it was certainly disappointing for the reasons stated above. As reported by the Carnegie Center in 2024: “In illiberal and/or autocratic contexts, from Türkiye to Vietnam, governments have exploited the international debate over platform regulation to coerce tech companies to censor—rather than moderate—content.” That is where we need to be having a conversation.

Countries such as India have demonstrated processes by which political pressure can be exerted over content moderation decisions undertaken by social media platforms. According to the Washington Post, the Indian government has expanded its pressure on X: “Where officials had once asked for a handful of tweets to be removed at each meeting, they now insisted that entire accounts be taken down, and numbers were running in the hundreds. Executives who refused the government’s demands could now be jailed, their companies expelled from the Indian market.” Further in the piece, it states: “Records published by the Indian Parliament show that annual takedown requests for posts and accounts increased from 471 to 6,775 between 2014 and 2022, with those to Twitter soaring from 224 in 2018 to 3,417 in 2022.”

Zuckerberg’s announcement was silent on how Meta would respond to or resist such explicit state censorship in countries with weak and eroding democratic norms and standards.

Final thoughts

For now Meta says it has “no immediate plans” to get rid of its third-party fact checkers in the UK or the EU, nor could it necessarily do so because of the legal landscape. Some countries also have outright bans on Meta’s platforms, like China. So this is a story that will play out primarily in the USA.

Still, it is part of a broader pattern of Silicon Valley executives misusing the label “free speech” and the timing of it suggests the motivation is for political gain. Even incoming president Donald Trump acknowledged that this week. The shift towards kowtowing to one party and one person, which we have seen occur on other platforms, is incredibly worrying. As Emily Maitlis said on the News Agents this week when evaluating the announcement: “There is a king on the top here and there are courtiers and they recognise that their position is in terms of how they respond to the king now”.

Whether the platforms are used for sharing pictures of your family or galvanising support for a campaign, we know the powerful and central role social media plays in our lives. Furthermore, according to a 2022 OECD report, around four out of 10 respondents said they did not trust the news media, and more and more people were turning to social media for their news, especially young people. As a result it’s essential that social media lands in a helpful place. Content moderation policies at scale are incredibly difficult and cumbersome. They are impossible to do perfectly and easy to do badly. Still, we have little faith that these changes will be helpful and concerns that they could be hurtful.

We will continue to monitor the situation closely. In the meantime, please do support organisations like Index who are genuinely dedicated to the fight against censorship and the fight for free expression.

Sport faces growing censorship problem over the Israel-Gaza war

When Turkish football team Antalyaspor faced Trabzonspor in a Super Lig match earlier this month, few could have predicted the fall-out that would follow off the pitch. Israeli winger Sagiv Jehezkel scored the equaliser for Antalyaspor in the second half, and in celebration he revealed a message written on his wristband that said: “100 days, 7-10”. The words referenced the length of time that Israeli hostages had been held by Hamas since the group launched an attack on Israel on the 7 October, killing an estimated 1,200 people.

In Turkey, the backlash was fierce. Jehezkel was arrested and detained in Antalya on the charge of “incitement to hate”. After being released, he was sacked by Antalyaspor and returned home to Israel, landing in Tel Aviv the next day.

According to local media, Jehezkel has stated that he did not mean to provoke such a storm. He said: “I am not a pro-war person. I want the war to end. That’s why I showed the sign.” Antalyaspor did not respond to multiple requests for comment.

He is not the only footballer to lose his club for voicing an opinion on the conflict. When Israel began their retaliatory bombardment of Gaza, which has so far reportedly killed more than 26,000 people, Dutch international Anwar El Ghazi posted a message of support for Palestine on his Instagram story. After a back and forth with his club – German side FSV Mainz 05 – El Ghazi made a further statement on social media announcing that he had no regrets over the now-deleted post and reiterating his argument that he stands “for humanity and the oppressed” and against “the killing of all innocent civilians in Palestine and Israel”. Mainz were unhappy with El Ghazi’s stance, calling his position on the conflict “unacceptable”. A few days later, his contract was terminated.

Upon losing his club, El Ghazi posted once more. “Stand for what is right, even if it means standing alone. The loss of my livelihood is nothing when compared to the hell being unleashed on the innocent and vulnerable in Gaza,” he said.

The player is now suing Mainz for wrongful termination of his contract, while the club is making a counter claim as they seek financial compensation to help fund his replacement. The final hearing is set to be held in June.

Mainz told Index they were unable to comment on the incident as legal proceedings are ongoing.

These two cases sum up the uncomfortable relationship sport has with politics and free speech, and how this has been exacerbated by the Israel-Gaza war. Due to the divisive nature of the conflict, sporting bodies are struggling to navigate the line between freedom of expression and the potential to incite hatred and in doing so have fallen into a worrying trend of censorship. 

The reluctance or inability of those involved to comment on the incidents may also show the difficulties people have when talking about this topic, as they can’t, or won’t, speak up due to the potential backlash and further repercussions. This is fairly unsurprising given the experiences of those who have expressed an opinion on the conflict. In another case, footballer Karim Benzema was accused of having “notorious” links to Islamist group the Muslim Brotherhood by France’s Interior Minister, Gerald Darmanin. His crime? Posting a message of support for the inhabitants of Gaza on X (formerly Twitter). Benzema has filed for defamation against Darmanin; his lawyer Hugues Vigier told French news outlet RTL that the claims were “false” and accused the Interior Minister of “sowing division in France”. 

It is not just players who are facing the threat of censorship. Many of football’s national governing bodies, including England’s Premier League and EFL, have also banned supporters from displaying Palestine or Israel flags during games. As a result, there have been a number of accusations levelled at English clubs such as Liverpool and Manchester United of censoring fans who display any show of support for the Palestinian cause by removing them from stadiums. 

Other sports have also been caught up in the censorship storm. Former athlete Emilie Gomis, who clinched a silver medal in basketball for France at the London 2012 Olympics, recently stepped down from her role as an ambassador for the Paris 2024 Games after posting an anti-Israel video to her Instagram story. Elsewhere, in South Africa, cricketer David Teeger was stripped of his captaincy of the country’s under-19s side after dedicating an award he won at a Jewish community event to “the state of Israel and every single soldier fighting so that we can live and thrive in the diaspora”, in a decision described as a “sinister” and “discriminatory” by the South African Jewish Board of Deputies.

Another cricketer, Australia’s Usman Khawaja, was charged by the International Cricket Council (ICC) for wearing a black armband during a test match against Pakistan in support of those in Gaza. ICC regulations do not allow players to display “messages of political, religious or racial causes”, and the player had previously been warned by the governing body after wearing shoes with the messages “all lives are equal” and “freedom is a human right” written on them. Khawaja argues that it is not a political statement but a “humanitarian appeal”.

Further debate over the right to free expression in regard to the conflict is inevitable with the growing calls to ban Israel from competing in sporting events. One post on X by The Palestinian Campaign for the Academic and Cultural Boycott of Israel called for “pressure” to be put on sporting bodies to ban Israel from international tournaments and games “until Israel ends its grave violations of international law”. The statement was reposted by the BBC’s Gary Lineker, who later deleted it.

Despite cries to keep politics out of sport, it is not possible to separate the two. Sport does not exist in an apolitical vacuum, and is impacted even on the front lines; the Palestinian Football Association says 88 top-tier athletes have been killed by Israeli forces during their military bombardment, 67 of whom are footballers. Just this month it was reported that the coach of Palestine’s Olympic football team Hani Al-Masdar was killed in an Israeli airstrike.

The attempts by governing bodies in sport to prevent athletes and fans from expressing a view on the conflict, while not necessarily malicious, pose a serious risk to free speech. While the cases of Sagiv Jehezkel and Anwar El Ghazi are extreme, they are the product of sport’s increasingly heavy-handed approach to political censorship, which makes having an opinion on the war in Gaza increasingly difficult. For people to feel unable to wade into the issue in fear of backlash is cause for concern in itself. Despite a long history of athletes being involved in political activism, sport still hasn’t found a way to ensure free expression for all is upheld.

Index Index

What is the Index Index? The Index Index is a pilot project that uses innovative machine learning techniques to map the free expression landscape across the globe to gain a clearer country-by-country view of the state of free expression across academic, digital and...