bianet faces ‘disinformation’ probe over report on journalist’s arrest

bianet’s responsible managing editor Vecih Cuzdan was questioned by police in İstanbul today as part of an investigation concerning news report about the arrest of a journalist.

The Aydın Chief Public Prosecutor’s Office launched the investigation following a complaint by Seda Sarıbaş, an MP from the ruling Justice and Development Party (AKP) who was named in the report.

The report published in May covered developments regarding the arrest of Yelis Ayaz, a local journalist based in Aydın, who had reported on the allegations that MP Sarıbaş’s son brought a gun to his high school. Ayaz was jailed on charges of “spreading disinformation” after authorities denied the allegations.

Cuzdan, accompanied by bianet‘s lawyer Deniz Yazgan, appeared at the Maltepe District Security Directorate. He was questioned over allegations of “publicly disseminating misleading information” under Article 217/A of the Turkish Penal Code and “disturbing the peace and tranquility of individuals” under Article 123.

Murat İnceoğlu, bianet’s editor-in-chief, is also expected to be summoned for questioning as part of the investigation.

Cuzdan denies allegations

Cuzdan denied the allegations, saying the report concerned Ayaz’s arrest over her reporting and reactions from press organizations to the decision.

“The alleged incident at the school was included to explain which reports led to the arrest. The headline clearly stated that this was an allegation,” he told the police. “The report included both the Aydın Chief Public Prosecutor’s Office statement saying the allegations did not reflect the truth and Ayaz’s statement from prison.”

Cuzdan said accounts concerning complaints filed with the Presidential Communication Center (CİMER) and a photograph were attributed to their respective sources.

“The purpose of the report was to inform the public about the arrest of a journalist and the reactions to that decision,” he said. “It is clear that there was no intention to cause concern, fear or panic among the public.”

Cuzdan asked that the report be assessed as a whole and requested that prosecutors drop the investigation against him.

Lawyer cites public interest

Yazgan also stressed that the account concerning the school was presented as an allegation in both the headline and summary deck. He noted that the report included the Aydın Chief Public Prosecutor’s Office statement denying the allegations.

She said statements from an article Ayaz wrote in prison were also clearly attributed to her.

“Referring to CİMER complaints or a photograph and claiming that these prove the alleged incident at the school are separate matters,” Yazgan said. “bianet.org did not present this allegation as its own factual finding.”

Yazgan said that if prosecutors believed otherwise, they should identify the specific wording in the report on which that assessment was based.

“The fact that the report concerns an arrest decision, includes the response to the allegations and reports the reactions of press organizations shows that it was published to inform the public,” she said. “The arrest of a journalist over her reporting and the effects of a penal provision on the press are matters of public interest.”

Yazgan also asked authorities to determine when the complaint was formally registered, citing the four-month deadline for filing a case under Article 26 of the Press Law.

He argued that there was insufficient suspicion to bring a public prosecution and requested that no charges be filed against Cuzdan. (HA/VK)