What is happening at the Constitutional Court? They shared and then deleted an old ruling after the Instagram access ban

The Information and Communication Technologies Authority (BTK) has imposed an access ban on Instagram.

Following the BTK's decision to block access to Instagram, a noteworthy statement came from the Constitutional Court.

The Constitutional Court shared a past ruling regarding the Directorate of Communications on its website and social media accounts. The shared ruling was removed from both the website and social media accounts a few hours later.

Furthermore, the Constitutional Court's website is currently inaccessible.

CONTRARY TO THE FREEDOM OF EXPRESSION AND DISSEMINATION OF THOUGHT

The Constitutional Court announced that it had concluded that the steps taken by the Directorate of Communications regarding the fight against disinformation constituted an interference with the freedom of expression and dissemination of thought, as enshrined in Article 26 of the Constitution, and the freedom of the press, as enshrined in Article 28.

The relevant press release from the Constitutional Court is as follows:

“On 27/12/2023, in file no. E.2020/88, the Constitutional Court ruled that sub-clauses (c) and (ç) of Article 6/A, which were added to Presidential Decree no. (14) on the Organization of the Directorate of Communications by Article 5 of Presidential Decree no. (66), were unconstitutional and decided to annul them.

RULES SUBJECT TO THE LAWSUIT

The rules subject to the lawsuit stipulated that analyzing internal and external threats against the Republic of Türkiye, implementing necessary measures in terms of strategic communication and crisis management, and conducting activities against all kinds of manipulation and disinformation by identifying psychological operations, propaganda, and perception management activities carried out against the Republic of Türkiye were among the duties of the Department of Strategic Communication and Crisis Management established within the Directorate of Communications (the Directorate).

REASONING FOR THE APPLICATION

In the petition for the lawsuit, it was summarized that the duties assigned to the Directorate regarding strategic communication and crisis management should be regulated by law as they relate to communication and press freedom, that fundamental rights and freedoms cannot be regulated by a Presidential Decree (CBK), and that the rules were unconstitutional as the general framework, principles, and procedures for the measures to be taken within the scope of the duties foreseen in the rules were not determined.

THE COURT'S ASSESSMENT

Article 104 of the Constitution states that fundamental rights, individual rights and duties included in the First and Second Sections of the Second Part of the Constitution, and 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 management activities carried out against the Republic of Türkiye 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 constitute an interference with the freedom of expression and dissemination of thought, as enshrined in Article 26 of the Constitution, and the freedom of the press, as enshrined in Article 28. In this context, it has been observed that the rules, in terms of their scope, contain regulations concerning individual rights and duties included in the Second Section of the Second Part of the Constitution. Consequently, it has been understood that the rules contain regulations concerning a prohibited area that cannot be regulated by a Presidential Decree.

For the reasons explained, the Constitutional Court has decided that the rules are unconstitutional in terms of subject matter and authority, and has decided to annul them.”

POST REMOVED

The ruling that the Constitutional Court had issued regarding the Directorate of Communications was removed from its social media accounts and website a few hours later. It was noted that the Constitutional Court deleted an old ruling on the same day that an access ban was imposed on Instagram.