CHP leader Özel and 136 deputies had filed an application: Constitutional Court cancels Communications Directorate's 'disinformation' authority

The Constitutional Court has ruled on the application filed by CHP Chairman Özgür Özel and 136 CHP deputies regarding the cancellation of the Presidential Decree No. (66) dated 17/9/2020 on the Amendment of the Presidential Decree on the Organization of the Directorate of Communications, based on the argument that "the duties regarding strategic communication and crisis management assigned to the Directorate by the rules are related to communication and freedom of the press and therefore must be regulated by law, that fundamental rights and freedoms cannot be regulated by a Presidential Decree (CBK), and that the general framework, principles, and procedures for the measures to be taken within the scope of the duties foreseen in the rules have not been determined, thus rendering the rules unconstitutional."

'IT IS CLEAR THAT IT CONSTITUTES AN INTERFERENCE WITH FREEDOM OF THE PRESS'

The Constitutional Court noted the following in its assessment:

"Article 104 of the Constitution states that fundamental rights, personal rights, and duties included in the First and Second Sections of the Second Part of the Constitution, as well as political rights and duties included in the Fourth Section, cannot be regulated by Presidential Decrees.

The rules subject to the lawsuit aim to take measures regarding the management of crises arising from perception operation activities conducted against the Republic of Turkey through strategic communication, and to engage in activities against all kinds of manipulation and disinformation. It is clear that the measures to be taken and the activities to be carried out in accordance with the rules will constitute an interference with the freedom of expression and dissemination of thought, which is included in Article 26 of the Constitution, and the freedom of the press, which is included in Article 28. In this context, it has been observed that the rules, in terms of their scope, contain regulations related to personal rights and duties included in the Second Section of the Second Part of the Constitution. Consequently, it is understood that the rules contain regulations concerning a prohibited area that cannot be regulated by a Presidential Decree."

Here are the articles that were under the authority of the Directorate of Communications and have now been cancelled:

"-To analyze internal and external threat elements against the Republic of Turkey and implement necessary measures in terms of strategic communication and crisis management.

-To identify psychological warfare, propaganda, and perception operation activities conducted against the Republic of Turkey and to engage in activities against all kinds of manipulation and disinformation."