Fact Check: Insulting Erdogan is a crime

Fact Check: "Insulting Erdogan is a crime"

What We Know

In Turkey, insulting the president is indeed a criminal offense as defined by Article 299 of the Turkish Penal Code. This law, which has been in effect since 2005, stipulates that any person who insults the President of Turkey can face imprisonment for a term ranging from one to four years. If the insult occurs in public, the sentence can be increased by one-sixth (source-1, source-2).

The law has been used extensively since President Recep Tayyip Erdoğan took office in 2014. Reports indicate that between 2014 and 2019, there were 128,872 investigations launched for this offense, resulting in 27,717 criminal cases (source-3, source-4). The law has faced criticism for being used to silence dissent, particularly against journalists, political cartoonists, and opposition figures (source-5, source-6).

Analysis

The claim that "insulting Erdogan is a crime" is substantiated by the legal framework established under Article 299 of the Turkish Penal Code. The law's application has been widely documented, with numerous high-profile cases illustrating its use against individuals expressing criticism of the president. For instance, prominent opposition politicians and public figures have faced legal repercussions for comments deemed insulting (source-4, source-5).

Critics argue that the law is often misused to stifle free speech and dissent, a sentiment echoed by various human rights organizations and the European Court of Human Rights, which has ruled that such convictions frequently violate the right to freedom of expression (source-6). The Venice Commission has also criticized the law for its implications on democratic freedoms (source-5).

While the Turkish government maintains that the law is necessary to protect the dignity of the presidency, the overwhelming number of investigations and prosecutions suggests a pattern of using the law to suppress criticism rather than to uphold respect for the office (source-7, source-8).

Conclusion

The claim that "insulting Erdogan is a crime" is True. Article 299 of the Turkish Penal Code explicitly criminalizes insults against the president, with significant legal consequences for those found guilty. The law's application has been widespread and controversial, often criticized for infringing on free speech and being used as a tool for political repression.