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Turkey's YouTube ban taken to European court

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Monday, November 30, 2009
ANKARA - Anatolia News Agency

Turkey’s Internet Technologies Association, or INETD, has applied to the European Court of Human Rights seeking the annulment of a ban imposed on access to a popular video-sharing site.

Access to YouTube has been banned in Turkey since May 5, 2008, after complaints were made about video clips insulting Mustafa Kemal Atatürk, the founder of modern Turkey.

INETD President Mustafa Akgül said the group’s suit was filed in the name of the public and all those who have suffered as a result of the ban.

“Turkey is literally waging war on the Internet,” said Akgül, adding that the ban on YouTube is in violation of the Constitution and various articles of the European Human Rights Convention.

INETD had exhausted the entire domestic appeal process without any result and was thus forced to apply to the European court last week, the group’s president said.

The main aspect of the lawsuit is based on Article 10 of the European convention regarding freedom of expression.

The association said that while it is possible to filter and block certain video clips on the Web site, a blanket ban on an international sharing platform is a disproportionate curtailment of freedom of expression.

“The ban was issued without any trial and, instead of being a short-term ban, has been in force for more than a year now. There was no attempt to seek an explanation either,” Akgül said, calling the ban a legal disaster.

The ban on YouTube also places restrictions on the right to education, he said, noting that the educational content available on the site makes it a resource for universities and international organizations.

Turkey’s telecommunication authority has meanwhile said that if YouTube launches a Turkish-language version of its Web site, the ban would be lifted.

Tayfun Acarer, chairman of Turkey’s Information Technologies and Communication Board, or BTK, said Turkish officials had held several meetings with YouTube executives about lifting the ban.

“We have brought forward very reasonable proposals, such as a Turkish version of YouTube, at these meetings,” he said. “But it’s been almost three months since our last meeting and we have not gotten any news from them.”

Noting that YouTube is available in special versions created for 22 languages, Acarer said, “We expect YouTube to take a step and make a proposal for a solution.”


 

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READER COMMENTS

Guest - motokosoma
2009-12-02 06:04:48
  The PKK uses the internet, especially youtube, as its main means of communication. This is the primary reason why it was banned. The anti-Ataturk video post was a perfect facade for the ban. The Turkish State, not the Turkish government (AKP), is behind the current banning of Youtube. This is not the first and certainly not the last time the Turkish State has exploited Ataturk's legacy for their own fascist purposes. President Gul has repeatedly criticized the ban, and Erdogan has publicly announced ways of circumventing the it. Considering this, how on earth can any rational person say the AKP is behind the behind? For the record, I am not a supporter of the AKP.
  

Guest - Cyhun - Canada
2009-12-02 00:17:01
  Lots of internet websites help accessing youtube on their website if you want to reach youtube .This restriction or obstruction is overtly shown to fellow who insult founder of TC -Ataturk- or not be sufficiently esteem and homage , have to approve and realize his importance about Turkish Republic .The only unique thing about restriction in Turkey is precisely contradictory and disregards about Ataturk who initiated liberty and modernization ..... No disrespect no ban ....
  

Guest - 7 Hills
2009-12-01 17:18:08
  @ Virginia - "Create and encourage thinkers not feudal slaves".. are you kidding? From what I understand, thinking is not encouraged here, especially in the places it should be, schools. That is where it should start, and that is where is does not even exist for the most part. It is like many are robots that are programmed and don't think for themselves.
  

Guest - Stephen Tyler
2009-12-01 11:09:32
  It is high time the so-called Ankara Agreement, which gives preferential employment and residency rights to Turkish nationals in the EU over other non-Turkish nationals, was revoked. A nation which cannot accept criticism of its government or its culture does not derserve to participate in a Europe built on principles of freedom and open democracy.
  

Guest - Virginia
2009-12-01 10:41:55
  Let's bring it into the international arena and let the public and the world judge Turkey's Government and it's control of the people for themselves. If they, (the government) can't handle a bit of criticism, it's time to grow up and let everybody have an opinion of their own, not one that is supervised and contrived by an Islamic Government. Create and encourage thinkers not feudal slaves. That era ended in 1923!!
  

Guest - Michael West
2009-12-01 10:09:18
  In reply to lerasmus quote "so I find Michael West's comments to be unfortunately misguided and historically untenable, albeit passionately written." You are right the action was taken after a civilian complaint, which again is incredulous. By that standard, 99% of the webpages in the World would have to be taken down for offending somebody. The ban has now gone on for over a year, and as in that time we see on a daily bases more and more web sites being removed from Turkish consumption, mostly on religious grounds - then it leads the outsider no other conclusion that the youtube ban follows suit. quote - "but a ban that has been popularly supported by many Turkish citizens. " To be honest, I have not come across one single Turkish person who believes that government self choosing censorship is a good thing. I would suggest that the "popularly supported" that you suggest are in areas that are non-internet users and area that hold the core of the AKP support. As I stated before when a Government starts banning websites left, right and centre, it is very misguided and an attempt to block of freedom of information. It is also a sign of fear, the banning for example of Richard Dawkin's website just stinks of fear and nothing else - even though in the Western World, Dawkins is seen as one of the greatest scientist in the World, in Turkey he is seen as a pariah. This censorship has to stop for the sake of freedom of choice, speech and information.
  

Guest - David
2009-12-01 09:13:42
  When the Prime Minister of a country announces, very publicly, that he knows how to get around a ban by using proxy servers, you know it's time to lift it and stop acting like a spoilt child making up pathetic excuses for doing something he knows is wrong. I do wonder though, if the demand of having a Turkish language version, and noting that other banned websites that have toed this line have now been unblocked, whether this might be a planned attempt at spreading the Turkish language around the world, in order that the Turkish diaspora be able to receive orders secretly when the global take over begins. Perhaps this might appear too "conspiracy theorist", but I live in Turkey and have learnt well.
  

Guest - AtheistTurk
2009-12-01 04:33:58
  You're right of course, Jordi. The ban on Richard Dawkins' website is an act of persecution against every atheist in the country. If only I had the money and the time, I would take them to court for it.
  

Guest - cem
2009-11-30 23:56:26
  This is what happens when you have villagers for leaders.
  

Guest - lerasmus
2009-11-30 23:54:19
  It is not only YouTube that has been banned. Turkey has a long history of banning cultural products, and typically it hasn't had anything to do with religiosity. RTÜK is the latest of the several state-run organizations that were responsible for censoring song lyrics and music videos. In reference to the YouTube ban, it originated from a civilian complaint picked up by a lawyer not in any way affiliated with the AK Party, so I find Michael West's comments to be unfortunately misguided and historically untenable, albeit passionately written. If the AK Party has recently discovered the wondrous joy of the "power of the ban," it's a power that was firmly established by years of CHP rule, but a ban that has been popularly supported by many Turkish citizens.
  

Guest - Michael West
2009-11-30 21:35:14
  Make no mistake - the youtube ban, has absolutely nothing to do with various anti-Ataturk postings. As far as I can see the pro-Ataturk postings on youtube far outweigh the negative ones. The ban, is aimed at the anti-Islamic postings and the pro-athestic postings. A country that does not allow its own people to be able to judge right from wrong, and make those judgements for them sails very close to dictarship. As for the suggestion that youtube be written with a Turkish version, I can not see the problem in that, however would the more popular Turkish websites do an English version?...I think not! However lets face it, do these people who govern really think that the Turkish people are so unintelligent that they have not figured out a way to access banned websites?. If they do, then they really and seriously need to open their eyes a little!
  

Guest - Guest
2009-11-30 21:08:01
  The AKP will do anything to squelch criticism of their rule. Their time is coming to an end, but not soon enough.
  

Guest - Jordi
2009-11-30 19:57:28
  Let's not forget about Richard Dawkins' site which has been banned for a year now due to creationist Adnan Oktar
  

Guest - geoff
2009-11-30 19:26:53
  there is no need for a turkish ,YOUTUBE,because if it is available the turkish people will make their own footprint on the site.freedom of access and speach is more than enough
  

Guest - dimitri
2009-11-30 18:00:52
  Banning freedom of expression is dangerous anywhere, you cannot take away a persons will to think and express themselves, not sure what Turkey is playing at here....
  

Guest - ALEX
2009-11-30 17:13:36
  YOUTUBE is one of the most valuable tools that the internet has to offer. It's terrible that a country such as Turkey chooses to ban it. The people who asked for this ban are clueless and cause harm through their selfish actions. The ban has to be overturned as soon as possible thus changing the negative image that this action portrays.
  

Guest - AtheistTurk
2009-11-30 15:51:18
  Good! And this quote is so true: “Turkey is literally waging war on the Internet.”
  

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