Application to the Council of State for the Cancellation of the Media Circular

‘Speakers’, which was broadcast on EXXEN, a paid broadcasting platform, and broadcast on FOX TV. ‘The Mask: Who Are You?’ to the programs ‘breaking the family structure’ He was fined by the Radio and Television Supreme Council (RTÜK). After the reactions to the penalties, in the Official Gazette issue published on the night of 28 January to 29 January. ‘Printing and Publishing Activities‘, a new circular was published under the name of ‘President Recep Tayyip Erdogan’, against the ‘threat elements’ in the media. measures He had signaled that he would be taken.

There has been a new development today regarding the circular, which has become the target of criticism because it will cause more bans and censorship. The Union of Turkish Bar Associations (TBB) declared that the ‘sanctions on media activities’ circular published with the signature of President Erdoğan cancel applied to the Council of State.

It was stated that the circular would create a ‘self-censorship’ effect.

In the application petition made by the TBB, after the legal definition and executive nature of the circular in question were explained, the right and interest of the TBB in filing a lawsuit were included. In the petition, which includes the articles related to the case from the European Convention on Human Rights and the Universal Declaration of Human Rights, if the circular is not cancelled, from the negatives mentioned.

Fundamental rights and freedoms granted to individuals in international documents that are obliged to comply with the constitutional provision of the circular in the petition. breach will be recorded. In addition, the circular goes beyond the concept of censorship that harms freedom of expression and press. ‘self-censorship’ effect was stated.

On the other hand, the circular and the instruction given in this regard, which will result in the restriction of the constitutional fundamental rights and freedoms with subjective and open to interpretation expressions, which do not have legal certainty, by applying this sanction, to the trust and discretion of all public institutions and organizations that touch the constitutional foundations and freedoms. ax striker specified.

In addition, for the circular in the petition, “It will transform the activities of the instructed public institutions and organizations to interpret the articles of law so far in violation of the ‘proportionality’ principle of the Constitution; contradiction will occur.” expressions were used.