TURKEY
Population: 75.8 million
Press Freedom Rating: Partly Free
Journalists in Turkey work in an atmosphere of
intimidation, harassment and threat, a situation that
has continued to worsen. A Freedom House report
lowered Turkey’s press freedom ranking in 2010
from 51 to 54, the largest drop for any Western European country. According to
the Turkish Journalists Union, thousands of lawsuits are filed against reporters
yearly, many under a controversial anti-terror law. 550 cases were filed against the
pro-Kurdish daily Ozgur Gundem, most of which were unsettled in late 2010.
In July, Meral Tamer was acquitted on appeal for insult charges filed against her
by former President Suleyman Demirel in a case that originated a decade earlier.
Tamer, a reporter for the daily newspaper Milliyet, was sentenced to a 16-month
suspended prison sentence for two 1999 articles on a 7.4 magnitude Turkish
earthquake. In 2007, the European Human Rights Commission ruled the conviction
unlawful. Tamer filed an appeal in Turkey based on the European decision.
Baris Yarkadas, editor of the online journal Gercek Gündem, was acquitted of
“insulting the President” for failing to remove a comment posted on the site by a
reader. Yarkadas had faced a prison sentence of more than five years.
Yalçın Ergündoğan was fined nearly $1,300 for “violating the personal rights”
of Haydar Baş, Chairman of the Independent Party of Turkey (BTP), based on a
2005 article for the newspaper Birgün. Ergündoğan did not attend the trial, but said
in a statement: "The behavior of a public figure who is the leader of a political
party should be brought to attention, and criticism should be tolerated.”
In May, the daily newspaper Vakit was ordered to pay nearly $450,000 to more
than 300 generals, who sued for libel over a 2003 article. The paper appealed on
grounds that the article criticized just two of the generals.
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Nazli Ilicak of the newspaper Sabah was convicted for a second time of
defaming a judge. Both convictions were for the same article from 2009. In the
first conviction, she got a suspended sentence of nearly 12 months; in the second
conviction, she was fined about $3,600. The paper’s owner was also convicted.
In October, Ismail Saymaz was charged with “insult” and two other counts --
“violation of the secrecy of an investigation” and “attempt to influence a fair trial.”
The reporter, who writes for the newspaper Radikal faces up to 79 years in prison.
Cengiz Candar, a reporter for the daily Referans, was charged with “insulting a
public servant in the performance of his duties.” The charge is for a February 2010
column criticizing the judge presiding at the murder trial of a fellow journalist.
Rasim Ozan Kütahyali, a columnist for the daily Taraf, was accused of
“humiliating the army” in an opinion piece criticizing the naming of a regiment for
a general convicted of killing 33 Kurdish villagers in 1943. Kütahyali was charged
with “denigrating the Turkish people” and faced up to two years in jail.
Journalist Temel Demirer was charged with “denigrating the Turkish people” for
commenting on the 2007 murder of Turkish-Armenian editor Hrant Dink. Demirer
alleged that Dink was murdered for recognizing the Armenian genocide.
Mustafa Koyuncu, a reporter for the newspaper Emirdag, was charged with libel
for a 2007 article on police misconduct. He faced up to six years in prison and a
fine of more than $31,600.
Poet and columnist Ataol Behramoglu, who criticized the ruling party during a
television debate, faced a possible $14,000 fine.
Relevant Laws
Penal Code
Art. 125 (Defamation): 1. A person who makes an allegation of an act or concrete
fact undermining or attacking another person’s honor, reputation, dignity or
prestige shall be sentenced to imprisonment for a term of three months to two years
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or a judicial fine will be imposed. Where an insult was made in the absence of the
victim, the act must have been witnessed by at least three persons for a conviction.
2. If the act is committed by means of an oral, written or visual message addressing
the victim, the perpetrator shall be sentenced to the penalties above.
3. If the offense of defamation is committed in the following circumstances, the
minimum sentence imposed is one year:
a) against a public official or a person performing a public service and the
allegation is connected with his public status or the public service he provides;
b) because of the expression, change, or efforts for expansion of one’s
religious, political, social or philosophical beliefs, thoughts and opinions, or
one’s compliance with religious rules and prohibitions;
c) through mentioning the holy values of the religion of which the person is a
member.
4. When the defamation is committed publicly, the penalty shall be increased by
one-sixth.
5. In case of insults to public officials working on a committee, because of their
duties, the offense shall be deemed to have been committed against all committee
members. …
Art. 130 (Defamation of a Deceased Person): Anyone who commits,
according to the testimony of at least three persons, the offense of defamation of
the memory of a dead person shall be imprisoned for a term of three months to two
years, or punished by a judicial fine. If the offense is committed in public, it shall
be increased by one sixth.
Art. 299 (Insulting the President of the Republic): 1. A person who defames the
President of the Republic shall be imprisoned for a term of one to four years.
2. The penalty to be imposed shall be increased by one sixth if the offense is
committed publicly.
Art. 300 (Insulting the Symbols of State Sovereignty): 1. A person who
denigrates through tearing, burning or by similar means, and publicly, the Turkish
flag shall be sentenced to imprisonment for a term of one to three years. This
provision is applicable to any kind of sign bearing the white crescent and star on
red field that, as stipulated in the Constitution, are used as the indicators of the
sovereignty of the State of the Republic of Turkey.
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2. A person publicly insulting the National Anthem shall be punishable with a
penalty of imprisonment of six months to two years.
3. If the crime defined in the present paragraph is committed by a Turkish
citizen in a foreign country, the penalty shall be increased by one third.
Art. 301 (from 8 May 2008) (Denigrating the Turkish Nation, the State of
the Turkish Republic, the Institutions and Organs of the State): 1. A person
who publicly denigrates Turkish Nation, the State of the Republic of Turkey, the
Grand National Assembly of Turkey, the Government of the Republic of Turkey or
the judicial bodies of the State shall be sentenced to a penalty of imprisonment for
a term of six months to two years.
2. A person who publicly denigrates the military or security structures shall be
punishable according to the first sub-clause.
3. Expressions of thought intended to criticize shall not constitute a crime.
4. Prosecution under this article are subject to approval by the Justice Minister.
Law on Crimes Committed Against Atatürk (Law No. 5816): Anyone who
publicly insults or curses the memory of [Turkish Republic founder Kemal]
Atatürk shall be imprisoned with a sentence of between one and three years. … If
the crimes outlined in the first Article are committed by a group of two or more
individuals, or publicly, or in public districts or by means of the press, the penalty
imposed will be increased by one half.
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UNITED KINGDOM
Population: 61.6 million
Press Freedom Rating: Free
Britain has become increasingly burdened with, and
embarrassed by, the rise of “libel tourism.” In 2010, more than
ever before, the British courts were used by foreign
businesspeople and celebrities to sue publications based
elsewhere and that had no viable readership in the United
Kingdom. In late 2010, a move was afoot by lawmakers to stamp out the practice,
involving sweeping changes to Britain’s anachronistic defamation law.
In one of the more notorious cases, the American business magazine Forbes was
sued in England by two Russian businessmen, Boris Berezovksy and Georgi
Glouchkov, for an article that alleged corruption and gang-like activity by tyem.
Forbes sold some 780,000 copies of that issue in the United States, but only 6,000
in Britain. Rather than continue a costly legal battle, Forbes settled the case.
Journalists have not been the only targets of libel tourism. A cardiologist
consultant, who criticized a new implant device at a medical conference in the
United States, was sued in England for his remarks.
In 2009, Lord Chancellor Jack Straw ordered an in-depth review of civil
defamation laws, and Parliament agreed to bring forward a Defamation Bill during
the 2011/2012 parliamentary session.
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Azerbaijan
Kazakkhstan
Uzbekistan
Belarus
Russia
OVERVIEW OF FORMER SOVIET UNION
Criminal defamation and insult were used as a strong weapon of oppression
throughout the region.
Kazakhstan's chairmanship of the OSCE (Organization for Security & Cooperation
in Europe) in 2010, had no positive impact on the media situation in the country. In
fact, more reporters were in jail in 2010 than at any time since Kazakhstan broke
away from the Soviet Union. Oligarchs and government officials routinely won
large defamation settlements against newspapers with limited resources.
In Uzbekistan, President Karimov empowered a small state agency with the muscle
for it to pursue insult charges against reporters aggressively, especially outspoken
reporters. In one case, a Russian reporter was convicted of an "insult to the Uzbek
people" for articles on his web site. The Uzbek court trying the case barred Russian
officials from the courtroom, even though the trial was open to the public.
Russian authorities bombarded reporters with criminal defamation suits throughout
the year, but ordinary citizens were also subjected to insult prosecutions. The
grieving mother of a fallen soldier was convicted of "insulting the honor and
dignity" of a regional governor for picketing a military site.
Bullying and intimidation often preceded criminal libel suits in Belarus. In several
instances, newsrooms were raided, as were private homes, and private property
was seized.
-- P.McC.
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AZERBAIJAN
Population: 8.8 million
Press Freedom Rating: Not Free
In 2009, government officials were praised for
publicly stating libel would be decriminalized, but in
2010 they backtracked. Thomas Hammarberg, the
Council of Europe’s Human Rights Commissioner,
said decriminalization was a “matter of urgency.” But the government defended
the current law, arguing that the lack of journalistic professionalism was why libel
continued to be criminalized.
Journalist Eynulla Fatullayev, chief editor of the newspapers Gundalik
Azerbaijan and Realniy Azerbaijan, was already serving an 8.5 year sentence on a
number of charges when a court in July sentenced him to 2.5 years more for
alleged heroin possession. Media analysts believe the drug charge was brought
against Fatullayev to insure his continued imprisonment after the European
Human Rights Court cleared him on all previous counts. In October, the European
Court refused to hear the government’s appeal, and Fatullayev was eventually
exonerated by the Azerbaijan Plenum of the Supreme Court. He was then
sentenced, however, to 2.5 years for tax evasion.
Fatullayev frequently reported on the 2005 murder of Elmar Huseynov, editor-in-
chief of Monitor magazine. In March, Fatallayev alleged that a National Security
Ministry official had masterminded the unsolved murder. Fatullayev’s supporters
believe his imprisonment was to prevent his further investigation of the murder.
In November, Guzgu newspaper reporter Kamran Bayaliyev was sentenced to
one year of “corrective labor” for “hooliganism,” and “inflicting intentional bodily
injury.” Many considered this retribution for a 2009 article Bayaliyev wrote on
corruption by local authorities.
Relevant Laws
Penal Code
Art. 147 Slander: 1. Slander is the distribution of obviously false information that
discredits the honor and dignity of any person or undermines his reputation in a
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public statement, or in materials circulated in the public domain or the mass media.
It is punishable by a fine of 100 to 500 nominal financial units, or by community
service for up to 240 hours, or by corrective labor for up to one year, or
imprisonment for up to six months.
2. Slander combined with an accusation of committing serious or especially serious
crime is punishable by corrective labor for up to two years, or restriction of liberty
for up to two years, or imprisonment of up to three years.
Art. 148 Insult: Insult is the deliberate humiliation of a person’s honor and
dignity, expressed in unacceptable terms in a public statement or in materials
circulated in the public domain or the mass media. It is punishable by a fine of 300
to 1,000 nominal financial units, or community service for up to 240 hours, or by
corrective labor for up to one year, or imprisonment for up to six months.
Art. 283.1 Incitement of national, racial or religious enmity: Actions aimed at
inciting national, racial or religious enmity, at debasing national dignity, as well as
at restricting citizens’ rights or establishing their superiority on the basis of their
national, racial or religious affiliation, committed publicly or through the use of
mass media, is punishable by a fine ranging from 1,000 to 2,000 nominal financial
units, or restriction of liberty for up to three years, or imprisonment from two to
four years.
Art. 323 Humiliation of the honor and dignity of the President of
Azerbaijan: 1. Humiliating the honor and dignity of the President of the
Azerbaijan Republic in a public statement, a product circulated publicly or through
the use of mass media, is punishable by a fine of 500 to 1,000 nominal financial
units, or corrective labor for up to two years, or imprisonment for the same term.
2. Where such acts are connected to accusations of the commission of a serious
crime, these are punishable by imprisonment from two to five years.
Art. 324 Offensive Action Against the National Flag or State Emblem of the
Azerbaijan Republic: Offensive actions against the national flag or the state
emblem of the Azerbaijan Republic is punishable by a restriction of liberty for up
to two years, or imprisonment for up to one year.
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BELARUS
Population: 9.6 million
Press Freedom Rating: Not Free
The government cracked down on the media after
demonstrators protested the Dec. 19 election results.
Officials raided several newsrooms, and detained more
than 20 reporters, five of them foreign correspondents.
22 other journalists reported being physically attacked during the crackdown,
including Michael Schwirtz and James Hill of The New York Times.
Under the law, the government may shut down a news outlet after two
“warnings” in one year. Warnings were issued to Komsomolskaya Pravda v
Belorussiy, Hantsavitski Chas and Brestskaya Gazeta, for allegedly publishing
false information. Nasha Niva lost an appeal to dismiss two warnings against it.
and on March 11, the Information Ministry issued a warning to the popular daily
Komsomolskaya Pravda v Belorussiy for publishing "false information."
Former KGB Chairman Ivan Korzh filed defamation charges against several
police officers whom he claimed had leaked information about Korzh to reporters.
As part of Korzh’s defamation charges, raids were conducted on the newsrooms of
Narodnaya Volya and Charter97, where editor Natallya Radzina was reportedly
struck in the face by security officers, who entered the premises by force. The
private homes of several reporters were also raided, and computer equipment was
confiscated, as well as a private vehicle. The reporters were interrogated by police
several times.
In a separate defamation suit, Charter97 was investigated for critical comments
made by bloggers. Charter97 faced a third defamation suit, based on unidentified
material security officers allegedly found in the previous raid.
In December, journalist Dzmitry Rastaeu was fired for criticizing the
government after a local “ideology officer” put pressure on the publisher.
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In January, reporter Anatol Mazgouand and his employer Borisovskie Novosti
were convicted of “insult” over an article about a member of the municipal
government. They were fined $670.
In July, the editor of a journal with fewer than 300 subscribers was charged with
“criminal libel” of a local official. Syarhey Panamarou fled Belarus to escape
prosecution.
Andrey Poczobut, a correspondent for Polish daily newspaper Gazeta
Wyborcza, was charged with “insult to the head of state” for his articles in that
paper and other publications. At year’s end, he was being detained awaiting trial.
Relevant Laws
Constitution
Art. 28 says “everyone is entitled to protection against unlawful interference
with… his honor and dignity.”
Art. 79 forbids insults to the President.
Electoral Code
The electoral code prohibits “insulting or defaming the honor and dignity of
official persons, presidential and parliamentary candidates.”
Penal Code
Art. 188: 1. The dissemination of fabrications that discredit another person [and
are] known to be unfounded, committed within one year of administrative
prosecution for defamation or insult, is punishable by community service, or a fine,
or corrective labor for up to one year, or detention for up to three months, or
limitation of freedom for up to two years.
2. Defamation contained in a public speech, or in a printed or publicly
performed work, or in the mass media, or defamation accusing [someone] of
committing a serious or very serious crime, is punishable by a fine, or corrective
labor for up to two years, or detention for up to six months, or limitation of
freedom for up to three years, or a prison sentence of up to two years.
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Art. 189: 1. Deliberate degradation of the honor and dignity of an individual,
expressed in an indecent manner, committed within one year of administrative
prosecution for defamation or insult is punishable by community service, or a fine,
or corrective labor for up to one year, or limitation of freedom for up to two years.
2. An insult made in a public speech, or in a printed or publicly performed work or
in the mass media is punishable by a fine, or corrective labor for up to two years,
or detention for up to three months, or limitation of freedom for up to three years,
or a prison sentence for up to two years.
Art. 367: “Defaming the President of the Republic of Belarus” applies to any
public pronouncement, printed or publicly displayed work, or in the media and
may draw a fine, correctional labor of up to two years, or imprisonment of up to
four years. If the convicted individual has previously been found guilty of
defamation, the maximum possible prison sentence is five years.
Art. 368: “Insulting the President of the Republic of Belarus” stipulates that a
public insult would draw a fine or two years imprisonment. If the convicted person
has previously been found guilty of insult, the maximum prison term is three years.
Art. 369 criminalizes insult of “a representative of the authorities.” Possible
punishment includes a fine, correctional labor or deprivation of liberty for up to
three years.
Art. 369-1 criminalizes discrediting the Republic of Belarus vis-a-vis foreign
states and foreign or international organizations, defined as knowingly giving false
information about the Belarusan State or its organs or for providing a foreign state,
foreign or international organization with knowingly false information on the
political, economic, social or military situation in Belarus.
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KAZAKHSTAN
Population: 15.6 million
Press Freedom Rating: Not Free
During its 2010 chairmanship of the Organization for
Security & Cooperation in Europe, Kazakhstan drafted
changes to its media law. Critics complained the changes
were cosmetic and far from decriminalizing insult. More
journalists were imprisoned in 2010 than any time in the
country’s post-Soviet history. Press fines for “moral damages” exceeded $280,000
by mid-year.
In February, a Kazakhstan court prohibited the press from publishing anything
to damage the reputation of the President’s son-in-law, Timur Kulbayev, a
prominent businessman. Kulbayev earlier filed libel suits against four newspapers
-- Respublika, Moya Respublika, Vzglyad and Kursiv. All published an article by
an exiled politician accusing Kulbayev of embezzlement. The ban lasted a week.
Central Asia Monitor was sued by Kazakhstan Development Bank and six firms
for “protection of honor, dignity and business reputation” after the paper reported
the companies could not repay the bank. Plaintiffs sought $2.4 million and seizure
of assets. In August, a judge dismissed the case and ordered the property returned.
Uralskaya Weekly was ordered to pay $136,000 “moral damages” to
Tengizneftestroy construction company after an article by Luqpan Akhmediyarov
revealed the company began preparing for a profitable state-funded project long
before it won the bid. Plaintiffs sought $467, 000. Separately, Uralskaya Weekly
was sued by a high school head for “damage to his honor and dignity.” Plaintiff
sought $33,000 for an article on a confrontation between him and pupils’ parents.
Opposition weekly Respublika was ordered to relinquish funds allotted for
printing, for a 2009 libel suit fine. Respublika was to pay more than $400,000 to
BTA Bank for reporting alleged misconduct in transfer of ownership. As of
February, Respublika paid only $47,474, a hefty sum for a Kazakh local weekly.
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