Babala TV owner Oğuzhan Uğur appears in court

The first hearing of the trial has been held for 3 defendants, including Oğuzhan Uğur, the owner of the "Babala TV" X account, who face 1 year and 6 months to 4 years and 6 months in prison each due to baseless posts claiming that "the wall of the Yarseli Dam in Hatay had cracked" following the February 6 Kahramanmaraş-centered earthquakes.

The non-detained defendants Oğuzhan Uğur, Ercan Özdemir, and Kaan Kayacan attended the hearing at the Istanbul 46th Criminal Court of First Instance.

Defendant Uğur stated that they were awake on the night of the February 6 Kahramanmaraş-centered earthquakes because they were coming from a shoot.

Expressing that they decided to help by gathering with his team after the earthquake, Uğur explained that many volunteers in Hatay wanted to join them.

Claiming that they established a verification team because there were fake reports and that there are records of these, Uğur continued as follows:

"Some people had very different agendas; we set up a phone line. The verification team was also very important to us. There were those who tried to undermine us as if we were making decisions on our own. The verification team was established to avoid reporting false news. When we returned from Hatay, we had reached 1,200 people. We solved many issues by helping many people with state officials. During this time, I saw a news report asking, 'Why did you spread the lie that the dam burst, Oğuzhan Uğur?' Afterwards, instead of asking the team about it, I responded with the sleep deprivation and fatigue of that moment, saying, 'How can you ask such a question?' A movement started because I responded to this. Phrases like 'You created public panic with the tweet you posted' began to be said. We were under so much attack at that time that I gave such an answer with the lethargy of that moment; I wish I had asked my team first."

Uğur said, "When I was asked 'Who posted this tweet?', I gave the names of Ercan and Kaan from the verification team due to 5 days of sleep deprivation, but I later learned that they did not post these tweets. Despite our investigations, we have still not been able to determine who posted the tweet. I have no information regarding the posting and deletion of the tweet that is the subject of the lawsuit."

Non-detained defendant Kaan Kayacan stated that he has been working at Babala TV for 4.5 years and that they came together to help people after the earthquake.

Kayacan said, "I do not remember posting the mentioned tweet. I did not post this tweet. I do not accept the findings that I posted the shares. There were many employees there. There was incredible fatigue and sleep deprivation. Considering these, there might have been a mix-up."

Taking the floor, complainant Hasret Yıldırım said that he followed the news in question with a journalist's mindset, and that due to the post, search and rescue teams in the region lost 3.5 hours, which caused work and traffic to come to a halt.

Noting that the defendants made their defenses as if they were speaking in the Babala TV studio, Yıldırım said, "They are still saying 'We will investigate,' they haven't been able to determine it for 2 years. Furthermore, despite the expert reports and so on in the indictment. It is as if ghosts posted the tweet because, according to them, the person who deleted it is also unknown. Then who is the culprit, does the thief have no fault at all?"

Announcing its interim decision, the court ruled that a letter be written to the Kahramanmaraş and Hatay AFAD directorates to ask whether aid was hindered following the posts in question.

Deciding to hear the witnesses who had not yet been heard, the court adjourned the hearing to complete the missing matters.

Speaking to members of the press after the hearing, Uğur said, "There was an issue related to the earthquake. We presented our evidence, we made our explanations, that is all."

FROM THE INDICTMENT

In the indictment prepared by the Istanbul Chief Public Prosecutor's Office, 8 people are listed as complainants, while Oğuzhan Uğur, Ercan Özdemir, and Kaan Kayacan are listed as defendants.

The indictment includes posts made on the "Babala TV" X account one day after the February 6, 2023, Kahramanmaraş-centered earthquakes, such as: "Urgent - The dam has burst in Kumçatı village in Kahramanmaraş Türkoğlu Nurdağı and it is flooding, communication for officials only," and "Hatay Antakya Yarseli Dam has cracked, for God's sake send a team here. It is raining a lot."

The indictment notes that after these posts, news reports were made in the media stating that no such situation had occurred, and it is stated that due to the allegations, search and rescue activities in the earthquake zone were disrupted, and posts were made regarding fear and panic among the public.

Stating that these posts by Babala TV were made in a way that was contrary to the truth and capable of disturbing public peace, the indictment reports that it was determined that the user of the account was defendant Oğuzhan Uğur.

In the indictment, it is requested that defendants Oğuzhan Uğur, Kaan Kayacan, and Ercan Özdemir be sentenced to 1 year and 6 months to 4 years and 6 months in prison each for the crime of "publicly disseminating misleading information to the public through press and publication."