A proposed bill in Turkey, dubbed the ‘Foreign Influence Agents Law’, has raised concerns and drawn criticism for its potential impact on the free press. The ‘Ninth Judicial Package Draft’, presented to the public as a judicial reform, contains provisions that many believe threaten the freedom of expression, civil society organisations, and the democratic activities of NGOs.
The package, which is expected to be submitted to the Grand National Assembly of Turkey (TBMM) before the end of the legislative year on 1 July 2024, seeks to amend the Turkish Penal Code to introduce new criminal amendments. This amendment expands the definitions of ‘espionage’ and ‘spying’ to include those labelled as ‘foreign influence agents’.
The draft includes an addition to Article 339 of the Turkish Penal Code under the section ‘other activities’, which aims to penalise individuals who conduct research or act on behalf of foreign states or organisations against the security or political interests of Turkey. This would also apply to those who endanger the state’s war preparations, military efficiency or movements, who would be prosecuted with the approval of the Minister of Justice.
Commenting on the Ninth Judicial Package, Öztürk Türkdoğan, vice co-chair and co-spokesperson of the committee for Human Rights of the Peoples’ Equality and Democracy Party (DEM), said that the “foreign influence agent” regulation paves the way for the punishment of journalists, civil society activists, politicians and researchers. Türkdoğan stressed that such laws aim to criminalise those involved in social movements and are contrary to social realities, the application of fundamental rights and freedoms, especially the right to freedom of expression and assembly.
Deniz Yücel, deputy chair and spokesperson of the main opposition Republican People’s Party (CHP), condemned the amendment, saying: “With the ‘foreign influence agent’ regulation, anyone who criticises the government could be labelled an ‘agent’ and subject to arrest and imprisonment. This is a direct violation of freedom of expression and press freedom and will create a climate of fear in society. We oppose this regulation.”
Journalist Irfan Aktan noted that while the ruling AKP’s efforts to criminalise journalism and stifle press freedom are not new, the concept of ‘foreign influence agents’ introduces a new threat. Aktan explained: “There is a significant difference between imprisoning someone as a journalist and imprisoning someone as an agent. Labelling someone as an agent reduces the public backlash and further criminalises the individual. This is a very dangerous initiative.” Aktan added that this regulation would potentially make all journalists into suspects, not just the opposition press.
Dr. Kerem Altıparmak, a leading law expert on human rights and international law in Turkey, stressed that the bill contains vague concepts and adds another level of abstraction to Turkey’s already criticised penal laws, which have been described as “unpredictable” by the European Court of Human Rights. Altıparmak also mentioned that this legislation would further suppress social media.
The draft of the Ninth Judicial Package is expected to be submitted to the National Assembly in the coming days.
