RTÜK as we know it... No penalty for Akit for calling Kılıçdaroğlu 'PKK-affiliated'

Akit TV, which draws attention for its reactionary broadcasts and especially for its hostility toward the Republic and Atatürk, has once again avoided a penalty from RTÜK.

The High Court criticized the lower court for changing the way the expressions were used by calling him "PKK-affiliated Kılıçdaroğlu" and for cherry-picking the statements out of context. According to the AYM ruling, which stated that a fair balance was not established between AKİT TV's freedom of expression and the protection of Kılıçdaroğlu's honor and reputation, the fine is now back in court.

According to a report by Sibel Yükler from T24, the Radio and Television Supreme Council (RTÜK) had imposed an administrative fine of 14 thousand 359 liras on Akit TV due to the expressions used in a news report regarding the criticisms made by then-CHP leader Kemal Kılıçdaroğlu about the presidential system in the main news bulletin broadcast on December 21, 2016.

'CONTRARY TO THE PRINCIPLE OF HUMAN DIGNITY'

The justification for RTÜK's fine was the violation of the principle that broadcasts "cannot be contrary to the principle of respect for human dignity and the privacy of private life, and cannot contain expressions that are humiliating, degrading, or defamatory toward individuals or organizations beyond the limits of criticism."

In the aforementioned main news bulletin, the following expressions were used for Kılıçdaroğlu: "He argued that the dream of a presidential system causes blood and tears," "Kılıçdaroğlu is taking on the role of spokesperson for Kandil with this rhetoric. He is portraying the terrorist organization PKK as if it were a defender of the parliamentary system," and "After Kılıçdaroğlu said you cannot realize the presidential system without bloodshed, bombs are exploding, and soldiers and police are being martyred. The same Kılıçdaroğlu is making threats that terror acts will increase if you insist on this issue."

In the same report, the following statements were made about then-CHP MP Eren Erdem: "It is necessary to mention the other traitor within the CHP, like Kılıçdaroğlu. His name is Eren Erdem, a former nationalist, crypto-FETÖ member, so-called leftist, Iranian agent Eren Erdem. He played an important role in the establishment process of the FETÖ-affiliated newspaper Karşı."

COURT REJECTED AKİT'S CASE, COUNCIL OF STATE UPHELD IT

AKİT TV filed a lawsuit for the cancellation of RTÜK's fine, claiming that the expressions in the news report consisted of the right to criticism and that political criticism was made within the framework of freedom of expression and the press.

HERE ARE THE EXPRESSIONS AKİT TV USED FOR KILIÇDAROĞLU

However, the Ankara 14th Administrative Court decided to reject the case. In its reasoned decision, the administrative court stated that expressions such as "registered traitor" and "PKK-affiliated Kılıçdaroğlu" directed at then-CHP leader Kılıçdaroğlu, and expressions such as "traitor," "crypto-FETÖ member," "so-called leftist," and "dishonorable traitor" directed at then-CHP MP Eren Erdem were humiliating and degrading beyond the limits of criticism.

The Regional Administrative Court, which reviewed AKİT TV's appeal, decided to reject the application on its merits. Upon the channel's appeal of the decision, the 13th Chamber of the Council of State, which reviewed the file in 2021, decided to uphold the verdict, stating that "the decision is in accordance with procedure and law, and there are no grounds for reversal."

AYM: DISCONTENT SHOULD BE VOICED LOUDLY

AKİT TV subsequently applied to the Constitutional Court (AYM) in 2021. Examining the expressions in the news bulletin within the scope of the application, the Constitutional Court stated that the news highlighted some of Kılıçdaroğlu's statements and actions regarding the presidential system, and that there was no doubt that it concerned the entire society and contributed to a public debate.

The High Court also pointed out that voicing discontent on these issues loudly is only possible in democratic regimes where thoughts can be expressed without encountering any obstacles.

The AYM criticized the court, stating, "It took the expressions out of context and changed the way they were used." At this point, criticizing the first-instance court, the Ankara 14th Administrative Court, the AYM noted that it did not take into account AKİT TV's claims regarding the right to criticism and freedom of expression, and used the following expressions in its decision criticizing the court.

"It evaluated the expressions in isolation by taking them out of context, without evaluating the context of the expressions used, the manner and reason for their expression, the scope of the field of freedom of expression depending on the positions of the person using the expression and the addressees of the expression, whether there was a background to the expressions used, and the previous behaviors of the other party; moreover, it also handled them by changing the way the expressions were used."

"THE COURT CHERRY-PICKED THE EXPRESSIONS"

It was ruled that the courts that reviewed AKİT TV's applications did not attempt to establish a fair balance between the channel's freedom of the press and expression and Kılıçdaroğlu's right to the protection of his honor and reputation, and that they decided that certain expressions in the program were degrading and humiliating by cherry-picking them and through only an abstract evaluation.

FINE BACK IN COURT

Concluding that the interference with AKİT TV's freedom of expression and the press was not in accordance with the requirements of a democratic social order, the AYM ruled that AKİT TV's freedom of expression and the press had been violated. The decision was sent to the Ankara 14th Administrative Court for a retrial.