Some say surveillance powers are more frightening than Turkey’s growing censorship
[Ankara] — The Turkish government is again trying to pass a previously-rejected law that will expand already robust restrictions on Internet freedom.
Earlier this week, an omnibus bill unrelated to Internet regulation was submitted to parliament containing a last-minute article that would allow Turkish ministers to order the telecommunications authority (TIB) to shut down websites for reasons such as “national security, protecting public order, preventing crime, or protecting general health.” A court order wouldn’t be needed until 24 hours later.
Similar legislation was passed last September, but the Constitutional Court annulled the changes several weeks later, calling them “unconstitutional.”
“[The bill] is a consistent step by a government that wants to dominate,” says Erol Önderoğlu of Reporters Without Borders, an organization ranking Turkey 154 out of 180 countries for press freedom. “News coverage will be strongly affected”
If passed, these powers will be the latest in a recent series of regulations swelling the government’s already formidable censorship and surveillance powers. Democracy watchdogFreedom House recently said that Internet freedom in Turkey, along with Russia and Ukraine, experienced the sharpest decline in the world last year.
“2014 was the year when the government consolidated [it’s control over] fundamental individual rights,” Önderoğlu says. “For a long time the AKP government hasn’t cared about reactions from Turkish civil society or international democratic bodies.”
In February 2014, Law 5651, which regulates the Internet, was amended to make it easier for the government to block websites for “attacks on privacy” or “discriminatory or insulting” content. This amendment came after a number of phone recordings allegedly documenting high-level government corruption were leaked online. A similar bill was proposed and scrapped in 2011 following widespread opposition and protests.
“The government is very determined to control the press,” and “all communication channels,” Mustafa Akgül, a professor at Bilkent University and president of the Association of Internet Technologies told The Media Line. “Without any cause, without any legal basis, they can just ban anything.”
Soundcloud and Vimeo were temporarily blocked in Turkey after posting alleged leaks and videos of protests, respectively. Twitter and YouTube were also blocked for a while right before local elections on March 30, but both bans were overturned by the Constitutional Court. By April 2014, the number of blocked websites, including many obstructed for political or social reasons, had increased to 40,000.
A law passed in April hugely increased the Turkish intelligence agency’s (MIT) online and telecommunication surveillance powers, compelling Internet Service Providers to store their users’ private data for two years and make it available to the government without a court order. The law also granted MIT employees legal immunity over their work-related actions, and established penalties of up to nine years in prison for journalists who publish leaked intelligence information.
President Recep Tayyip Erdoğan announced last July that he intends to shut down the TIB and give its powers, including legal wiretaps, to the MIT, which is under the direct control of the prime minister.
Cyber rights activist Ahmet Sabancı says the increased surveillance powers are more frightening than the censorship, which is often circumvented by web-savvy Turks using proxy servers. “We know we can easily avoid censorship, but surveillance is the main problem. They have a lot of surveillance power in their hands now.”
Professor Akgül says that“basic human rights and freedom of expression are under serious threat under the AKP.” He says free speech is of crucial importance to any country’s development.
“Freedom of expression allows us to correct the errors of society. It’s a way of finding new ideas and allowing an environment for innovation.”The Internet is particularly important for free speech in Turkey because “it’s the only channel the government can’t control,” Akgül says.
Önderoğlu says the ruling Justice and Development Party (AKP) is intolerant of any dissent, and portrays all critics as traitors. “The AKP wants to dominate the dialogue by silencing all protests and criticism within [Turkey].”
On November 25 of last year, a media ban was proclaimed on a parliamentary commission investigating the government corruption scandal that broke in December 2013, but most opposition outlets ignored it. Other gag orders were announced earlier that year on the kidnapping of Turkish diplomats in Iraq and alleged arms shipments to Jihadist rebels in Syria. A court also ruled to block news websites from publishing a recent Charlie Hebdo cover.
Earlier this week, Twitter complied with a demand from a Turkish court to delete dozens of tweets from journalists and media outlets after judge Bekir Altun complained about users sharing a news article that he claimed violated his rights. President Erdoğan has referred to Twitter as “the worst menace to society”
Currently over 70 members of the media are being investigated for reporting on the government corruption allegations.