Constitutional Court's 'rejection by interpretation' decision on 'Censorship Law': 5 elements to be highlighted!

The Constitutional Court (AYM)'s rejection of the CHP's request to annul the regulation known as the Censorship Law, which concerns "publicly spreading misleading information," has been met with backlash from journalists and professional organizations. T24 columnist and journalist Gökçer Tahincioğlu drew attention to the "rejection by interpretation" detail in the AYM's decision.

Tahincioğlu stated, "It has emerged that the Constitutional Court, which rejected the request to annul the regulation known as the Disinformation Law despite the rapporteur's opinion that it 'should be annulled,' chose a path it applies only in exceptional cases. It has been reported that the High Court, which rejected the annulment request by a vote of 8 to 6, will provide an interpretation in its reasoned decision that will be binding for prosecutors and courts," he said.

"REJECTION BY INTERPRETATION METHOD APPLIED"

Tahincioğlu's article is as follows:

"Accordingly, the reasoned decision will clearly state that the crime is only committed if all five elements listed in the law are present. In the law, which has returned to the agenda with the arrest of T24 columnist Tolga Şardan, five separate elements are listed; however, in recent times, arrest warrants have been issued for journalists based on only one or a few of these elements.

The Constitutional Court, which rejected the request to annul the regulation known in the public eye as the Disinformation Law, 'publicly spreading misleading information,' will address the objections through its reasoned decision. It has emerged that the High Court was initially inclined to annul the law but later decided to follow the 'rejection by interpretation' method. This decision was also taken by a vote of 8 to 6.

5 ELEMENTS DETAIL

While the Disinformation Law was being debated, government officials had stated that all five elements listed in the regulation must be met for the crime to be committed. However, this was not followed in practice. T24 columnist Şardan was also arrested last week based on only a single element. The regulation states, 'Anyone who publicly spreads false information regarding the country's internal and external security, public order, and general health, in a manner capable of disturbing public peace, with the sole intent of creating anxiety, fear, or panic among the public, shall be sentenced to imprisonment from one to three years.'

The Constitutional Court will also point to these five elements in its reasoned decision and clearly write that the crime can only be committed if all of them are valid.

However, how courts and prosecutors will act in practice regarding this situation, which was also pointed out when the law was being enacted, has once again raised questions."

News Source: 12punto

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