State Secrets or a New Base for Censorship?

Journalists organizations criticize the new draft legislation on States secret information as a new tool for oppression on journalists and freedom of expression in general. The draft leaves the control to decide whats secret or not to the government.

Ankara - BİA News Center
05 March 2007, Monday
Draft Legislation on State Secrets, which aims to regulate and standardize different rules on the issue featuring on the 1982 Constitution, the Penal Code of the Law on Right to Reach Information may constitute another tool for censorship.

The draft legislation will come to the National Assembly for ratification, as it will be approved by the Council of Ministers.

Turkey's Association of Journalists (TGC) chair Orhan Erinç and Press Council chair Oktay Ekşi criticized the draft legislation as it would constitute another tool to pressure journalists and jeopardize the freedom of expression in the country.

Thinking about the coming presidential elections and the controversy around it, one can get suspicious regarding the limitations brought by this law" wrote Erinç on his column at the daily Cumhuriyet.

"There's nothing new in this legislation. Before, judges asked to related institutions about the secrecy of concerned information. Now they will consult a commission made up of representatives of Justice, Foreign Affairs, Internal Affairs and National Security Ministries".

"So politicians gain the power to influence the judiciary", said Erinç. "In consequence, they can be intolerant to views against their benefits".

Oktay Ekşi agrees: "As if the restrictions on freedom of expression brought by the Penal Code were not enough, now the government tries to further limit our freedoms".

"State secrets"

Turkey's constitution, formulated right after the military coup in 1982 cites several abstruse cases where the freedom of expression and diffusion can be restricted.

Those consist of "national security, public order, public security, founding principles of the Republic, the indivisible unity of the State with its people and land, prevention of crimes, punishment of criminals, secrecy of State information filed in par with the defined procedures, protection of others' privacy or reputation, protection of vocational secrets as defined in law, or the due process of the judiciary".

In addition, article 330 of the new Penal Code defines the scope of "State secrets" and penalizes their diffusion.(EÖ/TK/EÜ)

Independent Communication NetworkIndependent Communication Network comprises more than internet news website bianet.org. It is a continuously unfolding network since 1997 and embraces "Training Drives" for journalists and communication students and NGOs; handbook series, "Radio Programs" for the local media, conferences, forums, international exchange programs.

IPS Communication Foundation (BİA)IPS Communication Foundation is the implementing body for the BIA &bianet.org. Founded in 1993 by four journalists and one human rights activists, has implemented many projects including a BİA, BİA2 and BİA3.

BİA LibraryBİA Library comprises of handbooks series and guides and researches which systemize the theoretical and informative contributions realized during the implementation of programs within the BİA projects. Some of the 15 publications are in English and accessible via bianet.org.

Contact usYou can reach IPS Communication Foundation directors, BİA project coordination, bianet.org editorial board via telephone, fax, e-mail and mail from everywhere on the globe, dispatch information and/or documents and request meetings.