Top court rejects to cancel prison term regulation of disinformation law

ANKARA

The Constitutional Court has rejected the request for the annulment of the regulation in the law commonly known as the disinformation act, which envisages a prison sentence for the offense of "publicly disseminating misleading information."

The top court on Nov. 8 discussed the annulment request brought by the main opposition Republican People's Party (CHP) regarding the provision that stipulates imprisonment ranging from one to three years for those convicted of this offense.

The Constitutional Court, by majority vote, did not find the regulation to be in violation of the constitution and rejected the annulment request.

As a result, the article of the Turkish Penal Code will continue to be enforced, allowing for the investigation, prosecution and potential arrest of individuals convicted of the offense of "publicly disseminating misleading information" with a prison sentence of up to three years.

Recently, journalist Tolga Şardan was released after being detained on Nov. 1 on the charge of this offense as he penned an article alleging that Türkiye’s National Intelligence Organization (MİT) had submitted a report to the presidency regarding corruption in the judiciary.

Şardan's lawyers filed an objection petition with an Istanbul court immediately following last week's arrest decision, asserting that "the detention was unjust, in violation of the law and arbitrary.”

Upon the objection, the court on Nov. 6 ordered the release of the journalist, imposing a ban on leaving the country.