Weaponizing the Courts: Erdoğan’s Escalating Legal Repression of Women Journalists
The Turkish government continues to weaponize the judicial system to harass and target women journalists critical of its rule. Legal harassment has become a favored tool under the Erdoğan administration, with Women Press Freedom’s documentation showing that it accounts for 29% of all violations against women journalists since 2019.
Journalists are often entangled in years-long legal battles, subjected to prolonged pre-trial detentions, and restricted by travel bans once they become targets of judicial harassment. Our data on trials and investigations against women journalists highlights the deliberate strategies used to stifle the press in the country.
Anti-terrorism laws are the most frequently deployed tools against women journalists, with over half of the legal harassment cases involving terrorism-related charges. Criminal charges for "insulting the nation" or the president are also commonly used by prosecutors to intimidate women in the media. In addition to criminal charges, defamation lawsuits, particularly SLAPPs (Strategic Lawsuits Against Public Participation), are regularly filed by public figures and those investigated by journalists.
It is evident from our analysis that the Turkish government is eager to label any journalism it opposes as extremist and criminal. Journalists facing charges are often forced to endure multiple hearings that drag on for years, with cases reopened even after acquittal. This exhausting process not only frustrates the journalists but also undermines the credibility of Türkiye’s judiciary.
Prosecutors in Türkiye appear highly politicized, swiftly opening criminal cases against journalists who investigate corruption and abuses yet showing little interest in pursuing the findings of those investigations. The 2017 constitutional changes further entrenched executive control over the judiciary, following the dismissal of a quarter of judges and prosecutors after the failed coup attempt. Since then, Turkish authorities have adopted increasingly authoritarian practices, actively silencing those who criticize state policies. This pattern reveals that the government’s priority is not justice, but rather the intimidation and suppression of those who expose wrongdoing.
Of all women journalists harassed and detained by Türkiye’s judiciary, those in the Kurdish press face the harshest treatment. Journalists reporting on Kurdish issues are regularly detained and charged with high-level terrorism offenses. Journalism is not terrorism, and this deliberate attempt by Turkish authorities to suppress the Kurdish press is a clear violation of press freedom. It must end.
Legal Tactics Used to Target Women Journalists
Equating Journalism with Terrorism
Since 2016, Turkiye has been governed by a de facto State of Emergency, even after its official abolition in 2018. The government has made this regime permanent through a series of regulations, using it to intensify its crackdown on journalists. Central to this strategy is Anti-Terrorism Law No. 3713, which is broadly and vaguely defined, allowing the government to label journalists as "terrorist offenders" for their critical reporting.
This has led to an increasing number of investigations and prosecutions targeting journalists. Women Press Freedom’s data of violations against women journalists in the country shows that 54% of all legal cases involve accusations of terrorism.
The most frequently deployed charges are “membership of terror organizations,” and “sharing terrorism propaganda.” Both punishable with years behind bars. Journalists have been tried and sentenced for sharing posts on social media about news – particularly related to Kurdish issues or criticisms of the Turkish military and for publishing investigations into wrongdoings by state officials. The Kurdish presss is by far the most targeted group, but leftist media outlets and journalists are also disproportionately persecuted.
Accusations of “Insult”
Data from Women Press Freedom reveals that "insult" charges are frequently used to target critical journalists, accounting for 16% of all documented legal harassment cases in Turkiye. These charges often result in fines or suspended sentences, leveraging broad and vague laws to suppress dissenting voices and promote self-censorship.
Journalists can be entangled in these cases for years, enduring numerous hearings. The case of Nurcan Baysal illustrates this struggle. After nearly eight years of legal battles, Baysal was acquitted on January 25, 2024. Initially charged with "publicly insulting the Turkish nation" for her 2016 reporting on sexist graffiti in Cizre, her conviction was overturned following her successful appeal to the Constitutional Court. Her ordeal shows the protracted and challenging path for those accused of "insult."
Article 301 of the Turkish Criminal Code targets insults against “Turkishness,” the Turkish Republic, and its institutions. It mandates imprisonment from six months to two years for anyone who publicly degrades the Turkish Nation, the State, the Grand National Assembly, the Government, or the judiciary.
Since its 2005 enactment, Article 301 has targeted journalists, intellectuals, and academics critical of sensitive issues, such as Kurdish rights. Despite a 2008 amendment requiring Minister of Justice approval for prosecutions — leading to a decrease in cases — insult charges continue to target women journalists, and there is a potential for increased prosecutions if future ministers alter their stance.
On March 28, 2024, Istanbul's 2nd Criminal Court convicted journalists Pınar Gayıp and Mehmet Acettin of “publicly degrading the Turkish nation” for their reporting on Sezgin Keleş, a lawyer previously convicted of sexual harassment. Gayıp received a six-month suspended sentence, while Acettin was sentenced to seven months in prison. The conviction stemmed from Keleş’s claims that Gayıp and her outlet, ETHA, were engaging in propaganda and insulting the state through their coverage of his case. Keleş, who had threatened Gayıp for her reporting, accused her of being a “terrorist” and sued her and ETHA after they reported on the harassment case involving a student intern at his law office.
“Just saying the word ‘president’ is considered a crime. I am not surprised by this conviction. I end up in the courts at least once a month and it is ongoing”
In addition, Articles 125 to 131 of the Turkish Criminal Code cover general insults. These provisions impose imprisonment for three months to two years or judicial fines for acts that damage someone's honor or dignity. Insults aimed at public officers, related to their duties or beliefs, face a minimum penalty of one year.
On January 30, 2024, Dilan Esen, a reporter for BirGün newspaper, was fined 7,080 Turkish Lira ($220) for "insulting a public official" in a case brought by the Minister of Culture and Tourism, Mehmet Nuri Ersoy. The charges stemmed from Esen’s August 12, 2022, report, which included criticisms by İYİ Party Deputy Ümit Özlale of Ersoy's handling of tourism land in Antalya Belek. Esen's coverage, based on Özlale's social media remarks, was deemed insulting by the minister and the court.
“I was sued today for criticism over a post, violating press freedom and the freedom of expression. This is a method of control over the entire society. It is a barrier to thinking, expressing, writing, and drawing. Has it been successful so far? No. There has always been an objection that will bother them, and there always will be”
Criminalization of Journalists Covering Protests
The charge of "violating Law No. 2911 on Meetings and Demonstrations" is increasingly being used to silence dissent and restrict press freedom in Turkiye. It accounts for 9% of legal harassment cases targeting women journalists in the country since 2019. While Article 34 of the Turkish Constitution guarantees the right to peaceful assembly, secondary legislation like Law No. 2911 imposes significant restrictions. Protesters are required to notify authorities — often treated as needing permission a nd police and governors hold broad powers to arbitrarily deem protests unlawful.
Journalists covering protests, especially those related to politically sensitive issues such as gender-based violence, LGBTQI rights, or government actions, have been prosecuted not for participating in these protests, but simply for reporting on them.
Notable cases, such as the indictment of Halime Parlak and Nurcan Yalçın in 2020 and trial of Asena Tunca in 2024 show a consistent pattern where journalists were charged for covering protests.
This legal tactic reflects the shrinking space for free expression in Turkiye, where independent journalism is being suppressed. Women Press Freedom has also documented numerous instances of excessive force used by police against journalists covering protests, highlighting the deliberate efforts to intimidate the press and stifle public access to vital information.
Defamation Weaponized to Intimidate Journalists
“While their crimes go unpunished or result in trivial sentences despite substantial evidence, journalists who bring these matters to the public’s attention find themselves in the defendant’s position. It has become so easy for acquitted people to file lawsuits against us because they know they won’t be punished”
In Turkiye, defamation is regulated under both criminal and civil law, presenting significant challenges to press freedom, especially for women journalists. Data from Women Press Freedom since 2019 shows that 6% of legal harassment cases against women journalists involve defamation accusations. These cases often target reporters covering sexual crimes, revealing a troubling gender dynamic. Men convicted or accused of sexual abuse use defamation lawsuits as a tactic to intimidate and halt critical gender-based reporting.
Evrim Kepenek: On August 11, 2021, Bianet editor Evrim Kepenek faced a police complaint from Refik Y., a man accused of child abuse, following her coverage revealing the abuse of a six-year-old child. Although Refik Y. was initially arrested and later released under judicial control, he accused Evrim of defamation and privacy violations, leading to an investigation against her.
On August 11, 2021, Bianet editor Evrim Kepenek faced a police complaint from Refik Y., a man accused of child abuse, following her coverage revealing the abuse of a six-year-old child. Although Refik Y. was initially arrested and later released under judicial control, he accused Evrim of defamation and privacy violations, leading to an investigation against her.
The broad scope of defamation laws in Turkiye, combined with political influence, significantly limits journalists' ability to report on matters of public interest.
Under Article 125 of the Turkish Criminal Code, defamation that harms a person’s honor, reputation, or dignity can result in prison sentences ranging from three months to two years or fines. Harsher penalties apply if the crime is committed against public officials or based on religious or philosophical beliefs. Defamation can also be addressed under civil law, where individuals can sue for violations of personal rights, including reputation and privacy, and seek compensation or content removal, particularly for online publications.
For journalists, these laws create risks. Investigative reporting or criticism of powerful figures can lead to legal actions, both criminal and civil, resulting in prison, fines, or content bans.
Although journalists can defend themselves by invoking freedom of expression, Turkiye’s legal framework often leans toward censoring critical voices. These laws are frequently used to silence journalists, forcing many to self-censor to avoid legal consequences.
Persecution of the Kurdish Press
Kurdish journalists and those covering Kurdish issues are disproportionately targeted with legal harassment by Turkish authorities. Since 2019, 54% of all legal harassment cases against women journalists documented by Women Press Freedom have involved Kurdish reporters or those covering Kurdish matters. Of the 87 women journalists charged with terror-related offenses, 78% were working for Kurdish media or reporting on Kurdish issues and politics. This reveals a disturbing reality— authorities have equated journalism on Kurdish issues with terrorism, weaponizing these charges to silence those.
Following the collapse of peace talks between the Turkish government and the country’s Kurdish minority in 2015 and the ongoing conflict in Southeast Turkiye, many Kurdish journalists are prosecuted under accusations of "terrorism propaganda." These charges often lack compliance with international standards on freedom of expression.
Journalists covering Kurdish issues, opposition parties, or military operations frequently face these bogus terrorism-related charges, with the law applied broadly and often arbitrarily. Even journalists protesting the persecution of their Kurdish colleagues have faced prosecution, as seen in 2023 when six women journalists were charged for protesting the arrest of Kurdish reporters.
Kurdish journalists, those who work in Kurdish media and even those who support them are being repeatedly criminalized for simply doing their jobs.
On July 3, 2024, an Ankara court sentenced eight Kurdish journalists, including four women from the Mezopotamya Agency (MA), to 6 years and 3 months in prison on charges of "membership in a terrorist organization." The convicted journalists are Berivan Altan, Öznur Değer, Diren Yurtsever, and Zemo Ağgöz. The verdict was baseless and politically motivated. Their journalistic work, which covers Kurdish issues, has been unjustly criminalized.
The court's decision has been widely criticized for relying on secret witness testimonies and lacking concrete evidence. The defense pointed out that the prosecution’s accusations were based on the journalists' legitimate reporting activities, such as news coverage and tweets. Despite producing over 110,000 news stories, the journalists were falsely labeled as promoting a terrorist agenda without any substantial proof.
Three other journalists—Habibe Eren, Ceylan Şahinli, and Mehmet Günhan—were acquitted.
This case stems from police raids in October 2022, when nine journalists were arrested and spent nearly seven months in prison awaiting trial.
“As a journalist whose professional activities have been wrongfully criminalized, and having personally experienced the consequences of lawlessness, I raise my voice against the prevailing silence”
Dicle Müftüoğlu, a journalist and member of the Dicle Fırat Journalists' Association, was detained on April 29, 2023, during a police raid at her home in Diyarbakır. She was transported to Ankara in handcuffs, deprived of food, and kept in isolation for four days. Her journalistic work for pro-Kurdish press and her advocacy for her unjustly jailed colleagues were criminalized, as she was accused of being affiliated with an illegal organization, based on unreliable witness statements from anonymous individuals—a tactic frequently used in Turkiye to obtain unjust convictions against journalists.
Despite her release after 10 months of detention, the charges against her have not been dropped, and she faces a potential prison sentence of up to 34 years. Müftüoğlu continues her work with the Mezopotamya Agency and the Dicle Fırat Journalists' Association, despite the ongoing judicial harassment and the constant threat of arrest.
KCK Press Trial
The KCK Press Trial, which began in 2011, has targeted 46 journalists and media workers, including 17 women, from Kurdish media outlets. These journalists, unjustly accused of spreading terrorist propaganda, have faced relentless legal harassment for over a decade.
Women journalists targeted: Yüksel Genç, Nevin Erdemir, Semiha Alankuş, Sibel Güler, Zuhal Tekiner, Dilek Demiral, Nahide Ermiş, Nilgün Yıldız, Çiğdem Aslan, Ayşe Oyman, Fatma Koçak, Pervin Yerlikaya Babir, Zeynep Kuray, Eylem Sürmeli, Sultan Güneş Ünsal, Evrim Kepenek, Arzu Demir.
The KCK Press Trial began in March 2011, when police targeted Kurdish media organizations, including Dicle Haber Ajansı (DİHA) and Özgür Gündem, accusing the journalists of being part of the Kurdistan Communities Union (KCK), linked to the terrorist organization the Kurdistan Workers’ Party (PKK). The initial arrests led to 32 journalists being placed in pretrial detention.
The prosecution’s evidence primarily consists of the journalists' reports, interviews, and phone calls, which are being used to claim they spread terrorist propaganda.
The trial has been marked by repeated delays, adjournments, and changes in judicial oversight, including judges being dismissed. Hearings are frequently postponed as new files are requested or additional cases are merged. Although the travel bans issued to the journalists were technically lifted, the defendants’ passports remain confiscated, further restricting their freedom and movement.
