5 Feb 2020 | Art and the Law, Art and the Law Case Studies, Artistic Freedom Case Studies, Campaigns, Uncategorized, United Kingdom, United States
In September 2019, London-based photographer Yumna Al-Arashi announced that one of her photographs, showing women in a hammam, had been taken down by Instagram because, according to the platform, it fell foul of the community’s standards on adult nudity.
Name of Artwork: Shedding Skin
Artist: Yumna Al-Arashi
Date: September 2019
Brief description of the artwork
According to the artist, the work is a play on Orientalism, and specifically the way Arab women’s bodies are represented by white men. Made by a woman and taking a woman’s point of view, the work counters all the images of bodies that are supposed to represent women like the artist herself, but have nothing to do with her lived experience. The hammam, which Orientalism exoticises and eroticizes, is, in fact, a space where women can come together without judging each others’ bodies. It is the opposite of an eroticized environment. There is something healing and unifying that Al-Arashi sees in the all-women hammam, which she wants to convey to the audience through this staged image.
What triggered the takedown?
Shedding Skin fell foul Instagram’s Community Standards on Adult Nudity and Sexual Activity, which restrict photographic representations of nudity “because some people in [the Instagram] community may be sensitive to this type of content.”
The Instagram community comprises over one billion people globally, raising the question of whether it is at all possible to cater to the sensitivities of such a broad range of ‘community’ members.
Nudity, by the company’s definition, includes “uncovered female nipples” though there are exceptions for nipples represented in the “context of breastfeeding, birth-giving and after-birth moments, health-related situations (for example, post-mastectomy, breast cancer awareness or gender confirmation surgery) or an act of protest”. Male nipples are permitted while transgender nipples are banned or allowed depending on how the platform’s algorithms interpret the gender of the model. Painting and sculptural representations of nudes are exempt from restrictions, but photography is not. Algorithms occasionally mistake a painting or sculpture for a photograph and remove it, as happened with the Venus of Willendorf, or as it regularly happens with Betty Tomkins’ work, or with Courbet’s painting Origin of the World, which led to an eight year court case.
What action did Al-Arashi take?
Al-Arashi censored her own image, by concealing all visible nipples (see the figure second from right) and reposted it with a direct appeal to Instagram.
Al-Arashi’s second Instagram post
Next day, after it received over 6,000 likes, the image was removed and Al-Arashi, now considered a repeat offender, was blocked (according to Instagram parent Facebook, temporarily) from using Instagram’s branded content tools. It seems that the algorithms analyzing the image still saw too much nudity in it. Al-Arashi appealed the decision, but got no response: the situation many artists find themselves in.
Al-Arashi reposted the censored image in order to stay within Instagram’s terms of service “but I felt necessary to include the open letter [to Instagram] when I did. The censored image remains on view.
Al-Arashi contacted Index on Censorship who put her in touch with Svetlana Mintcheva, programme director at the US based National Coalition Against Censorship, currently running a campaign called #wethenipple.
Mintcheva brought the original image to the attention of the Facebook policy team as an example of valuable artistic expression that the company’s current guidelines do not allow on its platforms.
It was one among the works brought up in the discussion with Facebook and Instagram resulting from the #wethenipple campaign. As part of ongoing discussions, Facebook and Instagram held a meeting between artists and artistic freedom activists and Instagram tech and policy representatives. The goal was to discuss company content standards and enforcement with artists working with the human body and hear their concerns and to look for solutions. The meeting was held at Facebook’s HQ in NYC where, ironically, another work by Al-Arashi was on show for a period of time.
Yumna Al-Arashi’s work from Northern Yemen (centre) displayed at Facebook HQ in NYC
Facebook’s concerns about photographic nudity were:
- sensitivities of some viewers
- the difficulty of age verification
- confirming the subject of the photographs has given consent.
In addition, a question was raised around the perennial challenge of drawing a clear line between art and pornography as well as between art and photography that is not artistic. Indeed, a member of the Facebook policy team questioned how Al-Arashi’s work can be distinguished — as art — from a mere photograph of a hammam.
Possible solutions relating to Al-Arashi’s case
Creating artist verified accounts
This is problematic as it creates a hierarchy and raises questions about who is an artist and who can be verified as such. Nevertheless, it could allow a lot more content to be posted and go some way towards destigmatising the nude body.
Greater user control
If a user does not want to see a nude, there should be an option of filtering out content along the same lines as Facebook and Instagram offer regarding violent content. Once the filter is in place, you would need to click to remove the blocking filter to see the image.
Guidance on appeals
As content is regularly taken down by algorithms even though it conforms to guidelines, guidance will give individual artists instructions on how to appeal take-downs.
#MissingVoices
In line with Article 19’s campaign calling on “social media platforms to provide a human-rights centred process that guarantees notice, the right to appeal and transparent reporting when content is blocked and accounts removed”. This is very similar to the clarification of guidelines above.
Facebook’s response
The policy team said they were considering changes to policy, especially where clarification of guidelines and user controls are concerned.
Personal reflection by Yumna Al-Arashi
“Shedding Skin is an important piece of work for me, made in direct response to [President Donald] Trump’s Muslim ban. It had been up since 2018 and I felt that it had got over the takedown hurdle, and was appreciated for its artistic value. I feel that this is a strike against me, and that if I strike back I risk having my account deleted which would really damage my career.”
“When Instagram takes your privileges away and censors your work it is potentially so damaging. The message is that your account is pornographic or sexual in nature and you are barred from participating in our economy. I can still post – but it makes me not want to. It feels like I am on some kind of list, and if I appeal another takedown I might lose everything. Even though I don’t currently use Instagram’s branded content tools, it doesn’t mean to say that I won’t use them in the future.”
Personal reflection by Svetlana Mintcheva
“Facebook and Instagram are not going to make changes because they believe in artist rights or any other rights. The work, as originally conceived, still violates community standards, as does any other work containing photographic nudity, no matter how artistically valuable and important it may be. And unfortunately, Yumna’s hope that her work had remained up so long due to its artistic merit is unfounded; the nudity had simply not been noticed.”
“As private companies, social media platforms don’t have to conform to First Amendment protections in the United States and can decide to censor specific content. Free speech may be celebrated by Mark Zuckerberg in his public speeches, but free speech is only valuable to Facebook and Instagram as long as it works in harmony with their business model. And their business model is based on engagement: Facebook and Instagram want to satisfy the needs and desires of the largest number of people so to engage more users more actively and collect the largest amount of data.”
“Some critics say Facebook is prudish. It is not prudery that guides the company, it is their business model. Which is also true in general for any actor competing in a capitalist economy. The problem is Facebook and Instagram have a de-facto monopoly on the sharing of visual content widely — other artist friendly sites exist, but the audiences they reach are very small by comparison. As a result Instagram has the power to determine what art can circulate to global audiences. If a similarly broad platform for sharing images existed, public pressure would have more leverage in demanding art-friendly content guidelines. Perhaps it is time to think of an alternative platform, a non-profit platform that is based on a different business model and built in view of the public interest. This could be underpinned by a set of social media best practices endorsed by artists and museums. However, I wouldn’t be too optimistic; creating unity among artists on the issues is a challenge in itself. And questions about consent and age verification are hard to resolve and require resources — a public platform may be similarly reluctant to arbitrate between pornography and art.” [/vc_column_text][/vc_column][/vc_row]
17 Sep 2019 | Turkey, Turkey Incident Reports
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Index on Censorship’s Monitoring and Advocating for Media Freedom project tracks press freedom violations in five countries: Azerbaijan, Belarus, Russia, Turkey and Ukraine. Learn more.
[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_custom_heading text=”18 Incidents” use_theme_fonts=”yes”][vc_column_text]
BirGün journalists to stand trial for news coverage
30 August 2019 – Four journalists from BirGün daily — İbrahim Aydın, Barış İnce, Can Uğur and Bülent Yılmaz — were charged with “aiding a terrorist organization without being its member” in a new indictment. The accusation stems from the journalists’ reporting about posts from before the year 2016 by the Twitter account that used the pseudonym “Fuat Avni,” Bianet reported.
The 16-page indictment was recently accepted by the 32nd High Criminal Court of Istanbul, which will be overseeing the case. The indictment claims that the newspaper’s reporting about “Fuat Avni” helped “Fethullahist Terrorist Organization (FETÖ/PDY)” in their attempts to manipulate public opinion.
Link(s):
http://bianet.org/bianet/ifade-ozgurlugu/212463-birgun-gazetesine-algi-operasyonu-davasi
https://ahvalnews.com/turkish-journalism/turkish-journalists-face-legal-action-years-old-reports-tweets-whistleblower
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial
UPDATE: Journalist Mehmet Baransu ordered to remain behind bars at end of 21st hearing
Mehmet Baransu
29 August 2019 – The trial of former executives of the shuttered Taraf daily and reporter Mehmet Baransu for allegedly publishing a secret military document called the “Egemen Operation Plan” resumed on 27 August 2019 at the 13th High Criminal Court of Istanbul, P24 reported.
Baransu, the only jailed defendant in the case, who was brought to the courtroom from the Silivri Prison accompanied by gendarmerie, continued presenting his defense statement on the first day of the hearing, which was planned to continue for three days.
Taraf’s former executives Ahmet Altan, Yasemin Çongar and Yıldıray Oğur were not in attendance because they are exempt from personal appearance in court. The hearing scheduled for 28 August did not take place because the court failed to send a summons to the Silivri Prison for Baransu to be brought to the courthouse.
Baransu continued making his defense statement on the third day of the hearing on 29 August. In its interim ruling at the end of that hearing, the court ordered the continuation of Mehmet Baransu’s detention on remand on the grounds of “the nature and type of the alleged crime” and because he “has still not completed his defense statement.” The court set 10-11-12 December 2019 as the dates for the next hearing.
Link(s):
https://twitter.com/P24DavaTakip/status/1166239774442700800?s=20
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial
DHA reporter Ümit Uzun briefly detained
29 August 2019 – Ümit Uzun, a reporter for Demirören News Agency (DHA), was taken into custody in Istanbul as he was covering a news story for the agency.
Uzun was arrested and handcuffed behind his back as he was interviewing the owner of a store in the Gaziosmanpaşa district, where a car crashed into. The grounds for Uzun’s arrest was “disrupting the scene of the accident.” Uzun was released after interrogation. After being released, the journalist filed a complaint with the Public Prosecutor’s Office about the officers who arrested him.
Link(s):
https://tele1.com.tr/dha-muhabirine-ters-kelepce-ile-gozaltina-alindi-80231/
https://www.youtube.com/watch?v=-dpH1hElhuI
http://bianet.org/english/human-rights/212451-journalist-handcuffed-behind-the-back-during-news-follow-up
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial
Local reporter injured by gunshot in Turkey’s Balıkesir
29 August 2019 – A local reporter in Turkey’s western town of Balıkesir was wounded by a gunshot on his foot fired by two unidentified assailants in front of his home in the early hours of 29 August.
Levent Uysal, who was the owner and publisher of the local newspaper Balıkesir Yenigün which recently closed down due to economic reasons, was taken to the hospital following the attack.
Uysal said the assault occurred around 1 a.m. at night. Two unidentified people wearing helmets approached him to ask for an address and fired six gunshots before taking off on motorcycles, he said.
The journalist said the police had obtained footage showing the assailants performing surveillance nearby his house a few days ahead of the attack. He added that he thought the attack was organized. “I’m not involved in any vendettas or inheritance dispute. I’ve recently made reports that disturbed and disfavored some [individuals],” he told local media according to DW Turkish. “I think that [the assailants] were instigated by them,” he said requesting from officials a thorough investigation into the case.
Uysal explained his reports were looking to shed light on the favors granted by high officials of the Balıkesir Metropolitan Municipality to their relatives as well as the establishment of new cliques in local institutions. “Questioning and monitoring those who work to serve the public is my task. If [my reports] contain errors or slanders I am ready to be held accountable of it,” he said. No trial or criminal investigation was launched for his reporting so far, Uysal said.
He also said he had to stop printing his newspaper and added that it was impossible for local media to survive without the support of local institutions.
The attack against Uysal came after a wave of attacks targeting journalists, including local reporters, during a heated local elections campaign. The attack was condemned by Balıkesir Journalists’ Association, Reporters Without Borders and the OSCE Representative on Freedom of the Media.
Link(s):
https://www.dw.com/tr/gazeteci-uysal-haberlerim-nedeniyle-sald%C4%B1r%C4%B1ya-u%C4%9Frad%C4%B1m/a-50264071
https://www.tv100.com/balikesirde-levent-uysala-silahli-saldiri-haber-467190
https://www.haberturk.com/balikesir-haberleri/71443855-gazeteci-uysala-silahli-saldiri
Categories: Physical Assault / Injury
Source of violation: Unknown
UPDATE: Journalists arrested in Mardin released after police interrogation
26 August 2019 – Mezopotamya news agency (MA) reporters Ahmet Kanbal and Mehmet Şah Oruç, JinNews reporter Rojda Aydın and journalists Nurcan Yalçın and Halime Parlak, who were arrested in Mardin on 20 August 2019, were released late on 26 August after giving their statements at the Mardin Police Department, Mezoptamya news agency reported.
All five journalists were arrested as they were covering demonstrations in Mardin in protest of the government’s recent removal of the mayors of Mardin, Diyarbakır and Van from office. They were held in custody for six days before being released. During police interrogation, all five were asked what they were doing on the scene of the protests. Oruç said after they were released that they were handcuffed behind their back while they were being arrested. The journalists also said in a statement that they were subjected to strip searches at the police department.
Reporter Yelda Özbek, who was arrested the same day in Diyarbakır, was released from custody on 21 August. The detention period of the five journalists under arrest in Mardin was extended for four more days on 23 August.
Link(s):
http://mezopotamyaajansi20.com/tum-haberler/content/view/67136?page=4
https://www.dw.com/tr/adil-demircinin-yurt-d%C4%B1%C5%9F%C4%B1-yasa%C4%9F%C4%B1-kald%C4%B1r%C4%B1ld%C4%B1/a-49218483
https://www.spiegel.de/politik/ausland/adil-demirci-darf-offenbar-die-tuerkei-verlassen-a-1272830.html
Categories: Arrest / Detention / Interrogation
Source of violation: Police / State security
UPDATE: Journalists arrested in Diyarbakır released after seven days in custody
26 August 2019 – Tümen Anlı, the press and media relations officer for the Democratic Society Congress (DTK), and Vedat Dağ, the press relations officer for the Diyarbakır branch of People’s Democratic Party (HDP) were released under judicial control measures by a court on 26 August after spending seven days in custody. They were both arrested as part of operations on the heels of the government’s removal of the mayors of Diyarbakır, Mardin and Van from office late on 18 August.
Dağ said all 16 questions he was asked during his interrogation at the police department were about why he attended press statements by the HDP. Ziyan Karahan, an editor for the Mezopotamya news agency who was arrested as part of the same operation, was released on 22 August. Anlı and Dağ’s custody period was extended until 26 August.
Link(s):
http://mezopotamyaajansi20.com/tum-haberler/content/view/67503
Categories: Arrest / Detention / Interrogation
Source of violation: Police / State security
Evrensel writer Ayşegül Tözeren released kept three days in custody
23 August 2019 – Ayşegül Tözeren, a medical doctor, writer, literary critic and a columnist for Evrensel daily, was taken into custody on 20 August 2019 during a midnight police raid on her Istanbul home.
The raid was conducted on the grounds of an anonymous “tip-off,” daily Evrensel reported. Tözeren was barred from seeing her lawyer during the first 24-hour period of her detention.
After having been held in custody for three days, Tözeren was brought to the Istanbul Courthouse on 23 August. The prosecutor investigating her file referred her to court for release under judicial control measures, without taking her statement. The 4th Istanbul Criminal Judgeship of Peace ruled to release Tözeren under an international travel ban. The court minutes showed that Tözeren is a suspect in an ongoing investigation launched for “membership in a terrorist organization.”
Link(s):
https://www.evrensel.net/haber/385154/yazarimiz-edebiyatci-aysegul-tozeren-gozaltina-alindi
https://medyascope.tv/2019/08/20/edebiyatci-aysegul-tozeren-gozaltina-alindi/
https://www.dw.com/tr/ay%C5%9Feg%C3%BCl-t%C3%B6zeren-serbest-b%C4%B1rak%C4%B1ld%C4%B1/a-50140785
Categories: Arrest / Detention / Interrogation
Source of violation: Police / State security
Two journalists briefly arrested in relation with protests, charged by court
23 August 2019 – Taylan Özgür Öztaş, a reporter for Özgür Gelecek newspaper, was arrested on 22 August 2019 in a midnight police raid on his home in Istanbul, P24 reported. He was arrested based on the claim that he took part in a demonstration on 20 August in Kadıköy in protest of the government-appointed trustees of Diyarbakır, Mardin and Van.
Another Istanbul-based journalist, Tunahan Turhan, a reporter for the Etkin news agency (ETHA), was also taken into custody in Istanbul on 22 August. Turhan was detained following a criminal record check by the police in Kadıköy. The reporter was in Kadıköy to cover a demonstration by the HDP’s local branch in protest of the removal of Diyarbakır, Mardin and Van mayors from office.
Both Öztaş and Turhan were brought to the Anatolian Courthouse on Istanbul’s Asian side on 23 August. There, they first gave their statements to a prosecutor, who referred both journalists to a court for release. The court released both journalists under judicial control measures.
Link(s):
https://tele1.com.tr/istanbulda-ev-baskinlari-ozgur-gelecek-muhabiri-taylan-oztasin-aralarinda-bulundugu-8-kisi-gozaltina-alindi-78226/
https://ilerihaber.org/icerik/besiktasta-kadinlarin-kayyumlara-karsi-yaptigi-eyleme-polis-saldirdi-102486.html
https://gazetekarinca.com/2019/08/istanbulda-ev-baskinlarinda-gozaltina-alinanlar-serbest/
Categories: Physical Assault / Injury
Source of violation: Police / State security
Local journalist Sami Harunlar assaulted in Mersin
23 August 2019 – Mersin-based journalist Sami Harunlar, the owner of the local newspaper Barış (Peace), was attacked by armed assailants near his home in Tarsus, Demirören News Agency reported.
The 58-year-old journalist was injured in the assault carried out by two unidentified men. Harunlar was hospitalized following the incident. Police has launched an investigation into the attack.
Link(s):
http://www.hurriyet.com.tr/gundem/tarsusta-gazeteciye-silahli-saldiri-41310153
https://www.mersinportal.com/tarsus/mersinde-gazeteci-sami-harunlara-silahli-saldiri-h51517.html
http://gazetekarinca.com/2019/08/mersinde-gazeteci-sami-harunlara-silahli-saldiri/
Categories: Physical Assault / Injury
Source of violation: Unknown
Journalist and video activist Oktay İnce briefly detained in İzmir
22 August 2019 – Oktay İnce, a member of the video activist collective Seyri Sokak, was taken into custody on 22 August in Izmir, online news website Gazete Duvar reported. He was arrested along with 26 lawyers from the Izmir Bar Association as he was covering the lawyers’ press statement protesting the removal of Mardin, Diyarbakır and Van mayors from office.
İnce was taken to the Izmir Police Department. He was released the same day after giving his giving his statement at the police department.
Link(s):
https://www.gazeteduvar.com.tr/gundem/2019/08/22/kayyim-protestosunda-26-avukata-gozalti/
https://www.evrensel.net/haber/386132/izmirde-hdpli-vekillerin-kayyum-eylemi-yine-engellendi
https://www.birgun.net/haber/izmir-deki-kayyum-eylemine-polis-saldirisi-26-avukat-gozaltina-alindi-265843
Categories: Arrest / Detention / Interrogation
Source of violation: Court / Judicial
Six journalists arrested while covering protests against government
20 August 2019 – Six journalists were arrested on 20 Auguıst 2019 in Mardin and Diyarbakır as they were covering public demonstrations in both cities in protest of the government’s recent removal of the mayors of Mardin, Diyarbakır and Van from office.
Mezopotamya news agency (MA) reporters Ahmet Kanbal and Mehmet Şah Oruç, Jinnews reporter Rojda Aydın and journalists Nurcan Yalçın and Halime Parlak were arrested in Mardin while reporter Yelda Özbek was arrested in Diyarbakır.
Police dispersed the crowds who gathered in front of Diyarbakır and Mardin municipalities. The reporters were arrested as they were taking pictures of the protesting crowds.
Link(s):
https://www.bbc.com/turkce/live/haberler-turkiye-49381649
https://www.evrensel.net/haber/385164/diyarbakir-mardin-van-istanbul-ve-ankarada-kayyum-eylemlerine-polis-saldirdi
https://www.gazetefersude.net/kayyum-protestolari-mardin-ve-diyarbakirda-6-gazeteci-gozaltina-alindi-70762/
Categories: Arrest / Detention / Interrogation
Source of violation: Court / Judicial
Four journalists arrested in Diyarbakır during police operations
19 August 2019 – Four journalists were taken into custody o9 in Diyarbakır as part of sweeping operations across several cities. The operations followed immediately on the heels of the removal of Diyarbakır, Mardin and Van mayors from office late on 18 August by the government, which appointed trustees to run these three cities.
The Mezopotamya news agency (MA) reported on Monday that Ziyan Karahan, an editor for the agency’s Kurdish edition, was arrested during a raid on her home in Diyarbakır as part of the operations. MA said Karahan was brought to the Diyarbakır Police Department’s anti-terror branch. The grounds for Karahan’s arrest were not immediately disclosed.
Turkish Journalists Union (TGS) Diyarbakır representative Mahmut Oral told P24 that journalist Tümen Anlı, the press and media relations officer for the Democratic Society Congress (DTK), Vedat Dağ, the press relations officer for the Diyarbakır branch of People’s Democratic Party (HDP), and Özgür Ülke, the press relations officer for the local Bismil Municipality, were also taken into custody during Monday’s raids.
The four journalists were among a total of 418 individuals, who also included local HDP politicians and municipal employees, arrested as part of the operations that took place in the early hours of Monday.
Link(s):
http://gazetekarinca.com/2019/08/diyarbakirda-gazeteci-ziyan-karahan-gozaltina-alindi/
https://nupel.net/mezopotamya-editoru-karahan-gozaltina-alindi-41244h.html
Categories: Arrest / Detention / Interrogation
Source of violation: Court / Judicial
Journalist Ergin Çağlar kept four days in custody
20 August 2019 – Journalist Ergin Çağlar, a Mersin-based reporter for Mezopotamya news agency, was arrested on 16 August 2019 at the Mersin Courthouse where he had gone to give his statement as part of an ongoing criminal investigation against him. He was released under judicial control measures by a Mersin court on 20 August after spending four days in custody, Mezopotamya news agency reported.
Çağlar’s apartment in Mersin was raided on 14 August as part of an investigation by the Mersin Chief Public Prosecutor’s Office, which had also issued an arrest warrant for the journalist.
Çağlar was brought to the Mersin Police Department for interrogation after being arrested at the Mersin Courthouse. The journalist is charged with “membership in a terrorist group” and a confidentiality order was in place concerning the investigation.
Link(s):
https://www.evrensel.net/haber/384862/gazeteci-ergin-caglar-serbest-birakildi-2
http://bianet.org/bianet/diger/211932-gazeteci-ergin-caglar-serbest-birakildi
https://gazetekarinca.com/2019/08/gazeteci-ergin-caglar-serbest-birakildi/
Categories: Arrest / Detention / Interrogation
Source of violation: Court / Judicial
PİRHA reporter briefly arrested in Ankara
9 August 2019 – Cebrail Arslan, a reporter for the Pir News Agency (PİRHA) was arrested on 8 August 2019 along with five other people during a raid on his home in Ankara, online news website Gazete Karınca reported.
Arslan and the five other people were released one day after giving their statement. News reports said the six people were questioned in relation to their involvement in protests, called “White Flag,” against the military operations and curfews in civilian areas of the Southeast in 2016,
Link(s):
https://gazetekarinca.com/2019/08/pirha-muhabiri-cebrail-arslan-serbest-birakildi/
https://www.pirha.net/ajans-calisanimiz-cebrail-arslan-gozaltina-alindi-183437.html/08/08/2019/
Categories: Arrest / Detention / Interrogation
Source of violation: Police / State security
UPDATE: Journalist İdris Yılmaz’s trial adjourned
8 August 2019 – A court in the eastern province of Van ruled to keep imprisoned journalist İdris Yılmaz in pre-trial detention, online news website Artı Gerçek reported. The hearing was the first one after two separate cases where he is charged with “membership of a terrorist organization” were merged.
Yılmaz was previously sentenced to 6 years and 3 months in prison but his sentence was overturned by an appellate court, which ordered re-trial. This case was then merged with another ongoing one in which Yılmaz is again charged with “membership of a terrorist organization.” Yılmaz attended the court hearing via court video-conferencing system from a prison in Elazığ further west, where he is held since his arrest.
The court ruled for Yılmaz’s continued pre-trial detention at the end of the hearing and adjourned the trial until 27 September.
Link(s):
https://www.artigercek.com/haberler/gazeteci-yilmaz-pkk-uyeliginden-ceza-aldi-karar-bylock-olarak-cikti
https://www.gazetefersude.net/tutuklu-gazeteci-idris-yilmaz-kuskusuz-tarih-ozgur-kalemlerin-karanliklari-aydinlatmak-ugruna-surdurdukleri-mucadeleyi-yazacaktir-69477/
https://twitter.com/ArtiTV_/status/1159821875486367744?s=20
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial
Court blocks access to 135 web sources, including Gazete Fersude and ETHA
7 August 2019 – The Ankara 3rd Criminal Judgeship of Peace has ruled for access to a total of 136 websites, web pages and social media accounts.
Among the websites blocked by the decision are those of news portal Gazete Fersude and Etkin News Agency (ETHA). The website geziyisavunuyoruz.org, which follows the trial of Osman Kavala and 15 others facing the charge of “attempting the overthrow the government” for their involvement in the Gezi protests, is also among those that were blocked for allegedly violating Turkey’s Internet law.
The ruling dated 16 July 2019 was rendered in response to a complaint submitted on the same day by the Gendarmerie Command which claimed that the mentioned sites violated Article 8/A of the Law No. 5651, which covers online publication and cyber-crimes.
The law allows judges to order removal of content or block access on one or more of the following grounds: to protect the right of life or security of life and property, to protect national security and public order, to prevent the commission of a crime, or to protect public health.
The ruling to block access to ETHA’s website etha10.com.tr, geziyisavunuyoruz.org and Gazete Fersude’s website gazetefersude.com was implemented following the decision of the Ankara 3rd Criminal Judgeship of Peace. Among the 136 Internet sources that the court ordered banned are websites and social media accounts including numerous Facebook, Instagram, Twitter, Youtube and Pinterest pages.
Details pertaining to the court decision that were obtained by bianet’s lawyer later revealed that bianet.org was erroneously included in the list of URLs to be blocked, although decision remains in effect for 135 other web addresses. Court documents obtained on 7 August by lawyer Meriç Eyüboğlu showed that the complainant Gendarmerie Command had applied to the Ankara 3rd Criminal Judgeship of Peace on 17 July, stating that bianet.org was erroneously included in the list and requesting that the court decision be revised accordingly. The court, in response, issued a decision saying the order to block access to bianet.org was removed while the decision remains valid for the remaining 135 web URLs.
Link(s):
https://bianet.org/1/19/211456-bianet-in-engellenmesi-karari-sehven-135-adres-hala-yasakli
https://www.independentturkish.com/node/59601/medya/jandarma-bianet%E2%80%99-engellenmesi-karar%C4%B1n%C4%B1-%E2%80%98sehven%E2%80%99-talep-etmi%C5%9F
http://gazetekarinca.com/2019/08/135-adres-hala-yasakli-bianetin-engellenmesi-karari-sehven-alinmis/
Categories: Censorship
Source of violation: Court / Judicial
Regulation bringing online broadcasting under TV watchdog’s control goes into effect
1 August 2019 – A regulation that gives Turkey’s radio and television watchdog RTÜK tha authority to supervise content streamed online formally went into effect upon its publication in the Official Gazette.
The regulation, which raised concerns over possible censorship, makes it mandatory for online media content providers to obtain broadcasting licenses and permits from RTÜK, in return for significant sums. It also allows RTÜK to supervise content provided by them and introduce sanctions in case of non-compliance with broadcasting principles.
Streaming platforms like Netflix, local streaming platforms PuhuTV and BluTV will now be subject to RTÜK supervision and potential fines or loss of their license.
In addition to subscription services like Netflix, free online news outlets will also be subject to the same measures. Providers will be required to pay TL 10,000 (around $ 1,800) to get a license to provide radio services while TV and subscription-based service providers will need to pay TL 100,000 (around $ 18,000).
Yaman Akdeniz, a law professor and a cyber rights specialist, said access to the Netflix platform or to news outlets broadcasting from abroad could be blocked. Akdeniz also commented that media outlets such as Turkish services of the BBC or Deutsche Welle, which have emerged as sources of news not subject to government control over the past years, were possible intended targets of the regulation.
Kerem Altıparmak, a human rights lawyer, said the move was the “biggest step in Turkish censorship history” and said all outlets producing opposition news would be affected. “Everyone who produces alternative news and broadcasts will be impacted by this regulation,” Altıparmak wrote on Twitter. “Every news report that can be against the government will be taken under control.”
Link(s):
http://www.resmigazete.gov.tr/eskiler/2019/08/20190801-5.htm
https://www.dw.com/tr/internet-televizyonlar%C4%B1na-rt%C3%BCk-denetimi-geldi/a-49841223
https://www.bbc.com/turkce/haberler-turkiye-49193378
https://bianet.org/1/13/211163-internetten-yayinlar-rtuk-denetimine-alindi
Categories: Legal Measures
Source of violation: Government / State Agency / Public official(s) / Political party
Online news websites T24 and Diken face terrorism investigation
1 August 2019 – The Istanbul Chief Public Prosecutor’s Office launched an investigation against a group of media outlets, including independent news websites T24 and Diken, on the charge of “supporting a terrorist group without being its member.” Both websites are under scrutiny for reporting on Twitter posts of an anonymous account called “Fuat Avni” nearly five years ago.
T24 reported that the investigation was subject to a confidentiality order and that it was not clear what media outlets other than T24 and Diken were involved. It said editors and executives of T24 who worked there in 2014-2016 were summoned by the Istanbul Chief Public Prosecutor’s Office to give statements as part of the investigation.
Those summoned were asked questions on why they reported on “Fuat Avni” tweets, who prepared the reports and whether they had received any instructions to report on the tweets.
The account under the “Fuat Avni” nickname, which has since been deactivated, shared alleged inside information on secret dealings of then Prime Minister Recep Tayyip Erdoğan and other government members.
Link(s):
https://t24.com.tr/haber/t-24-ve-diken-in-de-aralarinda-bulundugu-bir-grup-siteye-fuat-avni-tweetlerini-neden-haber-yaptiniz-sorusturmasi,833117
https://www.independentturkish.com/node/57451/haber/t24-ve-dikene-fuat-avni-tweetlerini-haberle%C5%9Ftirdi%C4%9Fi-i%C3%A7in-fet%C3%B6-soru%C5%9Fturmas%C4%B1
https://www.birgun.net/haber/t24-ve-diken-e-fuat-avni-sorusturmasi-263707
Categories: Criminal Charges / Fines / Sentences
Source of violation: Court / Judicial[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_basic_grid post_type=”post” max_items=”4″ element_width=”6″ grid_id=”vc_gid:1568735643507-01eb7ae9-5ff4-2″ taxonomies=”35195″][/vc_column][/vc_row]
