Be careful with earthquake-related posts: Publicly spreading misleading information is a very serious crime.
Pay attention to earthquake-related posts: Publicly spreading misleading information is a very serious crime.
In this article, I would like to discuss the crime of publicly spreading misleading information. This crime was regulated by the amendment made to the Turkish Penal Code on 13.10.2022, in the fifth section titled "Crimes Against Public Peace" under the third part titled "Crimes Against Society" of the Code.
Publicly spreading misleading information
Article 217/A-
(1) Any person who publicly disseminates false information regarding the internal and external security, public order, and general health of the country, in a manner capable of disturbing public peace, with the sole intent of creating anxiety, fear, or panic among the public, shall be sentenced to imprisonment from one year to three years.
(2) If the perpetrator commits the crime by concealing their true identity or within the framework of an organization's activities, the sentence imposed according to the first paragraph shall be increased by half.
Common provision
Article 218- (1) In the event that the crimes defined in the articles above are committed through press and broadcasting, the penalty to be imposed shall be increased by up to half. However, statements of opinion that do not exceed the boundaries of reporting and are made for the purpose of criticism do not constitute a crime.
The legal value protected in the crime of publicly spreading misleading information is public peace. It is a crime to publicly disseminate, in an open manner, information that is not verified to be accurate with the intent to create anxiety, fear, or panic among the public.
The material elements of the crime of fabricating information can occur as follows;
The perpetrator announcing news to the public as if it had occurred while knowing it did not. For example; sharing news that there are many casualties despite there being no loss of life in the earthquake zone.
The perpetrator announcing news to the public as if it had occurred while being unsure whether it had actually happened. For example; sharing news regarding the number of casualties or injured individuals without it being verified by the authorized authorities in the earthquake zone.
Anyone can be the perpetrator of the crime. If the perpetrator is a press or broadcasting organization, the sentence to be imposed shall be increased by half.
The moral elements of the crime of fabricating information; this crime can be committed intentionally. It is not important that the perpetrator acts with a specific purpose. What matters is that the perpetrator knowingly and willingly fabricates information that misleads the public and spreads it.
If this crime is committed by concealing one's true identity through fake accounts, the penalty rate will be increased.
While freedom of thought and expression is a constitutional right for every citizen; the criminal sanctions for creating panic and disinformation by exposing those trying to reach accurate news and information to information pollution during sensitive periods when natural disasters like earthquakes occur are regulated in our law. It is obvious that with the development of technology, the number of internet and social media users has increased. However, in the event of a natural disaster like an earthquake; the fact that people who do not have sufficient and qualified information on this subject spread information based solely on hearsay in a publicly accessible way, and consequently cause an environment of panic, makes the chaotic situation being struggled with even more uncontrollable. The sharing of casualty and injury numbers, which we frequently see in earthquake news, in a way contrary to the truth leads many people to anxiety and worries those who have relatives in the earthquake zone. Individuals who are not members of the press sharing photos and videos from earthquake or wreckage areas in an uncontrolled manner (images of dead or injured people, images of collapsed buildings) constitutes an interference with the private lives of the people under the wreckage and their relatives. Sharing citizens' injured images without obtaining permission, or reporting earthquake news through photos of their collapsed homes, makes it important for the news to be shared with the public correctly. This can only be done by authorized authorities and relevant members of the press by showing sensitivity to the privacy and confidentiality of individuals' private lives and by obtaining the necessary permissions. Otherwise, one may face penalties for spreading such news, sharing images, and inciting the public to panic with false information.
So, what can we do as citizens in these days when we are experiencing the earthquake disaster?
In these days when we are experiencing a very high-intensity earthquake disaster, as citizens, we should follow accurate information from authorized press and broadcasting organizations, not share earthquake victim and wreckage photos/videos in order not to negatively affect the society's psychology and to ensure privacy, support/donate as volunteers when called upon to authorized aid organizations (such as Kızılay, AFAD, AKUT, municipalities, district governorships, NGOs, aid associations), avoid making long phone calls if not necessary so as not to hinder communication, and donate blood to Kızılay if we are suitable donors.
I wish you never encounter the type of crime I have tried to summarize above, either as a perpetrator or a victim, and I would like to remind you that if you see/hear this type of crime as an eyewitness, you must report it to law enforcement agencies as a civic duty. Wishing you healthy and peaceful days.