TGC: 'Agent of influence' regulation will fuel the concept of enemy criminal law

The statement issued by the TGC included the following views:

“The legislative proposal containing the 'agent of influence' regulation, which was removed from the judicial package last year following the reactions of the TGC, press professional organizations, and NGOs, has been accepted by the TBMM Justice Commission. Article 16 of the proposal stipulates that those who commit crimes in line with the strategic interests or instructions of a foreign state or organization against the security, or internal or external political interests of the state, shall be punished with imprisonment from three to seven years.

This regulation, which will fuel the concept of enemy criminal law with catch-all terms that have no definition in the penal code—such as 'state security,' 'internal and external political interests,' 'organization,' and 'strategic goals of an organization'—which are non-legal and can be used by political powers as they wish under any circumstances, must be abandoned.

With this article, it will never be determined what or who will be punished. It will also be possible to silence information and ideas that create public outrage, shock, or discomfort through this method. It is unclear what the regulation is or what it punishes. It is neither clear nor understandable. The ambiguity of the regulation is also contrary to the principle of legality in crimes and punishments, as expressed in Article 38 of the Constitution. Although it is stated in the justification that legal certainty is given importance, the regulation is contrary to the principle of certainty, which is a fundamental principle of the rule of law.

The regulation will damage freedom of the press and freedom of expression. The idea of creating a uniform society through penal codes must be abandoned. With this regulation, we may also see the broadcasts of websites, associations, radio, and television stations being stopped, or even shut down.

The regulation could be used as a new stick against journalists. The 'agent of influence' regulation, which constitutes an interference with fundamental rights and freedoms, is unconstitutional and must be removed from the legislative proposal."