Contrary to a widespread assumption, there is no general offence of “fake news” in Turkish law. Article 217/A of the Criminal Code, introduced by Law No. 7418 of 13 October 2022, is a narrow and conditional offence; not every story that turns out to be wrong falls within it.
The provision: Article 217/A
“(1) A person who, solely with the motive of creating anxiety, fear or panic among the public, publicly disseminates information contrary to the truth concerning the country’s internal and external security, public order and general health, in a manner apt to disturb public peace, shall be punished with imprisonment from one to three years.
(2) Where the offender commits the offence concealing their true identity or within the framework of the activity of an organisation, the sentence imposed under the first paragraph shall be increased by one half.”
Four elements, all required
| # | Element | Meaning |
|---|---|---|
| 1 | Motive: solely to create anxiety, fear or panic among the public | A mental element. A purpose of reporting or criticism does not satisfy it. |
| 2 | Subject matter: internal and external security, public order, general health | A closed list. Inaccurate information outside these subjects is not within the article. |
| 3 | Contrary to the truth | The information must be objectively false |
| 4 | Aptness: publicly disseminated in a manner apt to disturb public peace | A concrete assessment of aptness is required |
The protective provision: Article 218
Article 218, in the same chapter, provides that where the offences are committed through the press and media the sentence is increased by up to one half, and then adds a guarantee that matters: “However, expressions of opinion that do not exceed the limits of reporting and are made for the purpose of criticism shall not constitute an offence.”
Inaccurate reporting and “fake news”
| Situation | Article 217/A | Other consequences |
|---|---|---|
| A story published in good faith that later proves inaccurate | As a rule outside the scope (no motive) | Correction and reply (Art. 14), damages (Art. 13) |
| Information on security or health published without verification | Motive and aptness assessed separately | The same |
| Fabricated information intended to create panic | Within the scope | Damages and correction as well |
| An untrue story attributing a concrete act to a person | May be outside the scope | Criminal Code Art. 125 (insult) and damages |
The consequence usually encountered: correction and damages
In practice the consequence of an inaccurate story is usually not criminal but the two civil consequences:
- Correction and reply. Under Article 14 of Law No. 5187, where material contrary to the truth in relation to persons is published, the person harmed sends a correction and reply text within two months; the responsible editor must publish it within three days in daily periodicals and within one day in online news sites.
- Damages. Under Article 13 of Law No. 5187 the author of the work together with the owner of the publication and their representative, if any, are jointly and severally liable for pecuniary and non-pecuniary damage.
The relationship with insult
Where an inaccurate story attributes a concrete act or fact to a person, Article 125 of the Criminal Code comes into play: three months to two years’ imprisonment or a judicial fine, increased by one sixth where committed publicly. Under Article 131/1 investigation and prosecution of that offence depend on the complaint of the victim, save where it is committed against a public official on account of their duty.
The penalty is covered in the disinformation guide and verification duties in the verification guide.