Precedent 'Social media' decision from court

2019-12-27 12:04:49


	MARDİN - The court has announced its ruling on Aslan, who was charged with “terror propaganda” for liking social media posts that caused others to stand trial. Aslan has been acquitted “because social media likes alone cannot be considered propaganda”.

	The Mardin 2nd Heavy Penal Court has given a verdict that could set a precedent to other lawsuits filed into social media likes. Charged with "propagandizing for a terrorist organization" over her social media likes, Mürvet Aslan has been acquitted of the offense charged.

	 

	The indictment prepared by the Mardin Public Prosecutor's Office alleged that Aslan propagandized for the Kurdistan Workers' Party (PKK) by liking the pictures taken at the funerals of PKK members and similar other social media posts about the organization on Facebook. The prosecutor's office demanded that Aslan be penalized over these likes.

	 

	As the court accepted the indictment, the first hearing of the case was held on November 18. Presenting his opinion as to the accusations in the first hearing, the prosecutor demanded that Mürvet Aslan be acquitted, in contrast with the demand of the prosecutor who issued the indictment. The prosecutor indicated that her social media likes should be considered within the scope of freedom of expression.

	 

	Announcing its verdict, the Mardin 2nd Heavy Penal Court has ruled that Mürvet Aslan shall be acquitted on the offense charged.

	 

	In the justified ruling of the local court, it has been underlined that "social media likes alone cannot be considered a crime."

	 

	The court has stressed that the defendant only liked the pages, but did not post anything about them herself. Indicating that propaganda crime is only constituted when the person publishes a propagandizing picture, statement etc. by targeting a specific addressee, the court has concluded that propagandizing images alone cannot be considered criminal evidence.

	 

	Within this context, the court has referred to freedom of expression as "one of the rights facing the most frequent interventions and restrictions in the context of counter-terrorism." Accordingly, the defendant has been acquitted as "the legal elements of the crime did not arise."