Drug operations receive extensive media coverage; However, publishing suspect/defendant photographs and identity information creates serious problems in terms of the presumption of innocence and personal rights.
Presumption of Innocence (Constitution Art.38, ECHR Art.6/2)
A person for whom there is no final conviction is innocent. Precise characterizations such as "drug dealer X" in media reports violate this principle.
TCK Article 285 - Violation of Confidentiality
Unauthorized disclosure of information obtained during the investigation phase (statement, wiretapping report, photograph) is punishable by 1-3 years imprisonment. Article 285 applies when the defendant's audio/video recordings and transcripts are included in the news.
Violation of Personal Rights
- TMK art.24-25: Cases to prevent/redress attacks on personal rights.
- TBK article 49: Material and moral compensation.
- Press Law No. 5187: Right to correction and reply, responsible editor-in-chief.
- KVKK: Additional application method for processing identity information.
"Publication Ban" Request
A publication ban during the investigation is possible by decision, but is rarely granted. Removal requests through RTÜK and BTK:
- Article 9 of Law No. 5651: Removal of content and blocking of access.
- Application to the relevant courtwithin 24 hours.
- The decision is made within 4 hours and reported to BTK.
Supreme Court HGK and 4th HD — Principle
The General Assembly of Law and the 4th HD established that the presumption of innocence must be observed in media news, the use of expressions such as "according to the indictment" in broadcasts, the hiding of the face in photographs, and the labeling of the defendant as "guilty" without a final conviction give rise to liability for non-pecuniary damages.
What the Victim Should Do
Practical Advice — Media Publishing Ethics
- Expressions such as "allegedly" and "in the investigation process" should be used.
- The face should be blurred; Initials should be used instead of the full name.
- The adjective "guilty" should not be used until the decision is finalized.
These files have both criminal and media/personal rights law dimensions. Multi-faceted legal support should be obtained.