04/01/2024 | Writer: Yıldız Tar
We spoke to lawyer Kerem Dikmen about RTÜK, which considers the call for a hate rally to be a public advertisement and censors any broadcast on LGBTI+ rights: Every method that is considered to be successful in the LGBTI+ community, which is seen as a laboratory, is also applied to other segments of society.
Photo: Kerem Dikmen on the 2022 Kaos GL Human Rights Report
Radio and Television Supreme Council (RTÜK) is on the agenda once again with fines issued. The institution, which “celebrated” the New Year by fining Halk TV for "LGBTI+ related issues”, has been broadcasting the film calling for the “Great Family Meeting”, which targets LGBTI+ people, as a public service announcement for two years. The complaint filed by Kaos GL against the public service announcement by RTÜK, whose broadcasting principles include “not to broadcast against gender equality”, was rejected by both the court and on appeal.
We spoke to Kerem Dikmen, lawyer and Human Rights Programme Coordinator of Kaos GL, about the legal protection of the RTÜK, which considers hatred against LGBTI+ people as a public service announcement and punishes any neutral content about LGBTI+ people.
“Any person, who is not illiterate, would be able to see that this public service announcement is in violation of the law”
Dikmen points out that RTÜK's founding law requires it to “intervene in broadcasts that create feelings of hatred”. He believes there is a major contradiction between the RTÜK law and the broadcast of the film, which calls for a hate rally:
“One of the broadcasting principles listed in the RTÜK law is not to broadcast against gender equality. These are statements that are written down in the law. The Public Broadcasting Directive, on the other hand, refers directly to the articles of the law containing these statements. This directive was prepared by the RTÜK itself. This is actually not a situation that we encounter very often. That is to say, articles of law tend to be satisfied with general expressions. But the law is written in such a specific way that it directly prohibits hate speech and broadcasting against gender equality. Moreover RTÜK confines itself within the limits of the principles of the law.
The reason why I am explaining the situation in so much detail is this: When look at the public announcement you realize that they are saying ‘If you are against LGBT imposition and propaganda, which is enveloping the whole world and our country like a virus’… On the other side when you consider the law I have just mentioned above, you can see the contradiction easily. There is no need for legal expertise. Any person, who is not illiterate and has the ability to interpret the law will realize at the first moment that this public service announcement is against this law. However the administrative justice was unaware of this, or rather refused to see it. Otherwise, they also know that this public service announcement is hate speech and against the law. But the law, constitution, etc. are secondary now. What matters is that the policies and decisions are in line with the policies of the ruling coalition and the politics of alliances.”
Legal protection for RTÜK
Stating that he was not surprised that RTÜK did not leave out LGBTI+ organizations in its farewell to 2023 with fines, and that he was not surprised that the channel was given a 3 per cent administrative fine for “violation of national and moral values” over Esmeray Özadikti’s comments on Halk Meydanı with İrfan Değirmenci, lawyer Dikmen points out that Halk TV could come up against a brick wall during the legal process just like Kaos GL:
“It would be naive to be surprised by the punishment of Halk TV for Esmeray. What is being punished is the visibility of LGBTI+ in the public sphere and the establishment of the relationship between LGBTI+ identity and existence. What did Esmeray say?:
‘LGBTI+ children are living in fear of death on a daily basis, so even my appearance on the screen is a morale boost for them, and I am sure they don’t feel alone.’ Halk TV will go the same way as Kaos GL, they will also probably come against the brick wall. The reason will be to protect the family. The government is acting with a strategic mind, unfortunately it is hard to say that those who oppose the government have such a strategic mind. Kaos, Esmeray, individuals or organizations are fighting and surely will continue to fight. But to stop and reverse this transformation, we need to be proactive. We are far from that.”
CLICK - RTÜK imposed sanctions on streaming platforms
“RTÜK is not differing from the police, who ignored the armed violence occurred in front of their eyes”
This punishment of the RTÜK is not a new application. In the summer of 2023, Netflix, Disney +, Prime Video, MUBI, BeIn and Blu TV were also fined. The justifications of the fines were “imagining an alternative world based on gender”, “crossing the limits of sexuality and gender”, “including LGBTQ+ items”. Lawyer Dikmen described the RTÜK, whose discriminatory practices against LGBTI+ people appear every year in Kaos GL’s human rights reports, as “a constitutional institution against human rights”:
“Since the RTÜK was established by the Constitution, not by law, it is an essential institution. Its duties are laid down in the law. And one of its duties is to take action when it determines a kind of broadcast that I have just mentioned. Don’t let me be misunderstood, but we need RTÜK in the field of broadcasting for the same reason we need the police in the field of public order. The RTÜK, which remains silent when it should intervene in this hate spot, is not differing from the police, who ignored the armed violence occurred in front of their eyes. It does not take action when it should do according to the law and the constitution. Thus, the RTÜK is an anti-human rights, anti-LGBTI+ constitutional body.”
CLICK- RTÜK imposes a fine on Halk TV for “LGBT+ related evaluations”
What should RTÜK members from opposition parties do?
RTÜK is an institution that has always been associated with censorship in its history, from banning Huysuz Virjin (Grumpy Virgin) to chasing after LGBTI+s on digital platforms. But how does this censorship affect social life? Lawyer Dikmen believes that despite the punishments and pressure on digital platforms, the possibilities of the internet can limit this reflection:
“We will see this effect over the long run. However, the existence of digital broadcasting and broadcasting organizations that do not want to enter RTÜK’s censorship mechanism, especially internet facilities, are factors that will limit this reflection. However, it is clear that LGBTI+ people who are ignored, cursed and targeted become vulnerable to violence and rights violations, and RTÜK is one of the responsible parties. I would have painted a much more negative picture if I had answered such a question 30 years ago, when analogue broadcasting was the only option available. Fortunately, analogue broadcasting is not our only means of communication in the world of digital freedom.”
RTÜK is not only made up of members of the ruling party. Opposition representatives are also on the board, even if they are in the minority. Although decisions are taken by majority vote, what the representatives of the opposition parties do is important according to lawyer Dikmen:
“The RTÜK has also been affected by the polarized political atmosphere in Turkey. There is not one RTÜK, but several RTÜKs. At this point, the only thing that the members of the RTÜK who were elected from the opposition quota can do is to show us in their dissenting votes what kind of RTÜK and what kind of broadcasting world they dream of. This, however, is a prerequisite for a holistic policy. However, it is not possible to say that the opposition has a holistic policy on LGBTI+ people and gender. In an atmosphere where electoral alliances determine policy, it will take time for this fog of hatred to dissipate. However, there are signs that any method that is considered successful for the LGBTI+ community, which is seen as a laboratory, will be applied to other segments of society. I hope that the opposition will see this and develop a strategy. It is not easy, but it is not impossible.”
Translation: Selma Koçak
Tags: human rights, media
