The struggle for Freedom of Expression in Turkey continues. Photo: Opposition Republican People’s Party deputies hold signs in protest of a government-backed bill that criminalizes “disinformation,” at the Grand National Assembly of Turkey in Ankara, October 4, 2022. © 2022 ADEM ALTAN/AFP via Getty Images

Citizens around the world face a wide-range of restrictions. The ability to express their opinions is one. The Initiative for Freedom of Expression had an innovative way to bring awareness to such restrictions. Their campaign in Turkey re-published state-banned materials. In this way, they fought back against restrictions on freedom of expression. The campaign succeeded in gaining public support and participation. Discriminatory application of the law limited their ability to achieve legal reforms.

Beginning of the Campaign

Turkish laws limit freedom of expression. Activists sought to show how these laws violate human rights. Article 162 of the Media Law, for example, is often used to put writers and publishers on trial. This law allows charges of writers and publishers with perceived seditious publications. In 1995, a well-known Turkish writer wrote a book about the Kurdish population. This is a minority group in Turkey. The government accused the author of writing separatist propaganda. Many people got involved in support of this writer. People began attending his court sessions.

This event marked the beginning of the Initiative for Freedom of Expression campaign. A signature campaign began with 85 prominent and well-respected members of Turkish society. Each week, volunteer publishers printed booklets containing one state-banned article. The banned articles called attention to the state’s unnecessary nature of the censorship. The publishers were careful to select articles that:

• did not encourage crime or violence, and
• did not include insulting language.

In total, the campaign published ten (10) “Freedom of Thought” articles. The campaign gathered 1,080 signatures. Even publishers who didn’t agree with the content of the articles participated. They supported free thought. The booklets were successful and quickly sold out.

Civil Disobedience and Public Support

The campaign took the form of civil disobedience. So many people participated in the “crime”. The crime of the publication of these ten articles. The crime of public signatories in the action that it ceased to appear seditious. The campaign gained momentum through media coverage. And through the support of famous people. This included other authors, actors, and musicians. On the international level, activists provided support through the communication networks of professional organizations. The campaign was financially helped by volunteers and signatories. They paid their own campaigning expenses. Over 80,000 people helped carry out the Initiative for Freedom of Expression campaign. At the time there was no formal organization, executive board, office, or official membership.

The Initiative for Freedom of Expression activists also tried to force the Turkish government to prosecute the publication of the banned materials. They wanted to call more attention to the campaign. They wanted to use court cases to bring about amendments these laws. They wanted to laws to protect freedom of expression. They wanted to encourage the Turkish judicial mechanisms to exercise the law in ways that complied with human rights.

Government Responses

The Initiative for Freedom of Expression campaign generated a significant response from the Turkish government. Over eight and a half years of activism resulted in:

• 1,148 people arrested
• 108 radio and television stations closed
• 169 publications prohibited or confiscated, and
• 108 billion Turkish Lira (at least 40 billion US dollars) levied in fines.

Students and teachers were particularly affected by government actions.

• Seventeen teachers suspended
• 370 students banned or dismissed from school, and
• 55 of those students prosecuted.

Inconsistent Judicial Rulings

In all, there were 185 court cases revolving around the free thought issue. The laws used to support the cases were under review at the Turkish constitutional court at the time. While prosecutors sought dismissal of the cases, the judges did not agree. These issues complicated the cases. After two and a half years, the judiciary concluded that those convicted and sentenced under Article 162 of the Media Law would have their sentences suspended. But only if they did not commit such a crime again.

Publishers were successful in getting their penalties postponed by arguing that Article 162 did not apply to them. As the Initiative for Freedom of Expression activists anticipated, court cases about censorship and free thought engendered international attention. Twenty countries from the Professional Authors Association came to support the accused. This helped the issue gather a wider range of interest.

Limitations of Legal Reforms

In the end, the Initiative for Freedom of Expression campaign called attention to the problem of censorship in Turkey. They succeeded in engaging in civil disobedience and court cases. But the campaign was not successful in changing laws. The judicial system remained unclear and unfair in its prosecution of the activists. Government procedures were not always followed. Many prominent people did not have charges brought against them. While those not well known were tried, convicted, sentenced and jailed. A military court acquitted some activists were but others were still convicted. Application of the laws were based upon individual discretion. This made it more difficult for the Initiative for Freedom of Expression to fight censorship. They could not trust the judiciary to act fairly.