Journalist found guilty of insult and fined

Location: Turkiye, Istanbul

Date: January 30, 2024

Update: March 26, 2024

Women Press Freedom strongly denounces the guilty verdict against BirGün newspaper reporter Dilan Esen. The journalist was fined for “insult” in a case brought by Minister of Tourism and Culture, Mehmet Nuri Ersoy. This legal action, centered on Esen’s reporting from August 12, 2022, which included criticisms from İYİ Party Deputy Ümit Özlale concerning Minister Ersoy’s handling of land designated for tourism in Antalya Belek, is a clear misuse of "insult" laws in Turkiye. Women Press Freedom believes this suit is yet another example of Turkish public officials abusing legislation to silence and intimidate critical press. Journalists are frequently targeted with “insult” charges for simply reporting news or posting on social media. We reiterate our call for an end to these nuisance lawsuits targeting the press.

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BirGün reporter Dilan Esen was handed a judicial fine of 7080 Turkish Lira ($220) in the 5th hearing of her case in Istanbul on March 26, 2024. Esen was found guilty of "publicly insulting a public official due to his duty," based on a complaint filed by the Culture and Tourism Minister Mehmet Nuri Ersoy.

Esen faced charges due to her coverage of İYİ Party Deputy Ümit Özlale's criticism of Minister Ersoy's handling of a parcel of land designated for tourism in Antalya Belek. Her report, published in BirGün newspaper on 12 August 2022, included Özlale's social media remarks, which scrutinized the minister's actions and suggested favoritism in the land allocation.

Esen's lawyer, Ali Deniz Ceylan, said the case against Esen violates freedom of the press and expression and requests the journalist’s acquittal. He argued that the subject matter of Esen’s article, involving a high-ranking politician and minister who owns hotels, is of significant public interest.

"Our client wrote the statements of Ümit Özlale in the news in question,” said Esen's lawyer in court in January 2024. “According to the decision of the Constitutional Court, press organizations cannot be held responsible even if such statements are racially biased when presented as news."

The Turkish Criminal Code (TCC) addresses the offense of "insult" through various articles, each prescribing penalties such as monetary fines or imprisonment for up to two years. In Turkiye, the use of insult laws is increasing, raising concerns about their impact on freedom of expression and the press. Many insult charges lack substantial evidence and could be classified as SLAPPs (Strategic Lawsuits Against Public Participation), particularly those initiated by wealthy business owners and public figures. The lengthy trial procedures in Turkiye, involving multiple levels of courts and possible appeals to international bodies like the European Court of Human Rights, can subject journalists to significant material and psychological pressure. Even if acquitted, the damage caused and the time lost cannot be fully remedied.

The lawsuit against Dilan Esen epitomizes the troubling trend of frivolous legal actions pursued by public figures in Turkiye against journalists under the pretext of "insult." Esen's reporting addressed a matter of public concern involving a political figure. The fine she has been issued for simply including a politician's remarks in her article is not just nonsensical but a direct assault on press freedom. Women Press Freedom urges Turkish authorities to cease their unjust legal intimidation of journalists. 

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The Coalition For Women In Journalism is a global organization of support for women journalists. The CFWIJ pioneered mentorship for mid-career women journalists across several countries around the world and is the first organization to focus on the status of free press for women journalists. We thoroughly document cases of any form of abuse against women in any part of the globe. Our system of individuals and organizations brings together the experience and mentorship necessary to help female career journalists navigate the industry. Our goal is to help develop a strong mechanism where women journalists can work safely and thrive.

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