XIII. CAN THE TELECAST OF MED TV BE REGARDED WITHIN THE LIMITS OF FREEDOM OF EXPRESSION?

In the Article 10 of the European Convention on Human Rights it is stated that the right to freedom of expression shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. In the second paragraph of the same article, some limitations on the exercise of these freedoms which are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity, public safety and for the protection of reputation or rights of the others are allowed.

The terrorists commit significant resources and much time and effort to their war of words, which is viewed as a vital backup or even parallel to their violent activities of death and destruction. The terrorists require publicity if they are to spread their propaganda message to its full extent.62

It is obvious that the PKK is a Marxist-Leninist terrorist organization which acts to destroy territorial integrity and constitutional democratic order of Turkey and also it is a criminal organization which is deeply involved in drug trafficking and extortion (see CHAPTERS XXII, XXIV and XXV).

The television channel, MED TV which is licensed in Britain and which broadcasts internationally via satellite usually presents programs making propaganda of the terrorist organization, PKK including speeches by its chief, Abdullah Öcalan.63 Other pro-Kurdish groups most definitely consider MED TV as a propaganda tool of the PKK. A leader of the Iranian Kurdish Democratic Party is quoted as saying "this TV could obviously play a very important role if Abdullah Öcalan was not always on the line."64 It is almost impossible to see impartiality in the programs of MED TV and no opposing view against the PKK could be heard. In the words of Mr. Douglas Hurd, former Home Secretary of Britain, "the time had come to deny the easy platform of television and radio to those who propagate terrorism."65 It should be unquestionable that such programs represent the abuse of the right to those freedoms to impart information and ideas and they constitute a direct threat against the national security, territorial integrity, and public order of Turkey. Therefore, the restrictions set forth in the second paragraph of the Article 10 of the European Convention on Human Rights should be applied.

Accordingly, from 1976 Irish Government has banned from the airwaves expressions of the views of the Provisional IRA and other named groups whose terror toll is much lower than the PKK’s. In 1988 United Kingdom Home Office imposed a parallel ban. Both bans were appealed to the European Court of Human Rights. The British government rescinded the ban in 1994 after heated debates.66 In 1982 the Irish Minister of Posts and Telegraphs also banned Irish Radio Television (RTE) from any party political broadcasts for the general elections by Sinn Fein, the legal political party of the Provisional IRA. When Sinn Fein challenged the constitutionality of this directive, the Irish supreme court reiterating the government’s view ruled that a democratic state had a clear and bounden duty to protect its citizens and its institutions from those who sought to replace law and order by force and anarchy.67

Terrorism is a continuing process which starts with gaining financial capability, turning the undecided to sympathizers and sympathizers to militants, having shelter and training facilities and finally ends with bloody attacks. The terrorists have several main objectives in their mind when using the media for their own purposes. These objectives are combined to enable the terrorists to wage a propaganda war and in so doing strengthen and encourage their physical war.68 Therefore, giving license to MED TV which makes the propaganda of the PKK, a criminal and terrorist organization shall mean to back terrorism.

In the war against terrorism four elements must combine their resources: the public, the government, the media, and the authorities, e.g. police and if necessary, military force.69 In the case of the PKK, which has a well-organized structure out of Turkey and in Europe, a fifth element, the cooperation of the concerned states is crucial in the fight against terrorism. If the sensitivity of a state for the security of its citizens and protection of its public order and national security is not displayed for the other states’ which are in close relations of alliance and friendship, that will not only be immoral but also in contravention of the signed binding international conventions.

62 Shane Kingston, "Terrorism, the Media, and the Northern Ireland Conflict", Studies in Conflict and Terrorism, Vol. 18, Number 3 (July-September 1995), p. 207.

63 "Apo [the nickname for ‘Abdullah’] on Live Broadcast", Hürriyet, 22 April 1995; "Apo said: ‘My Grandma was Turkish.’", Hürriyet, 21 April 1995; "File of MED TV from Çiller to Major", Hürriyet, 22 November 1995. "In each programme there are always the words of "Kurdistan" and the leader of Kurdish Workers’ Party (PKK), Abdullah Öcalan". See Yalçın Doğan, "British Support to PKK’s TV", Milliyet, 24 August 1995. "Participating in a programme with a phone call on MED TV which broadcasts from London, the leader of terrorist organization PKK, Abdullah Öcalan declared its unilateral cease-fire. Apo threatened to turn Turkey into the hell if his cease-fire call would not receive a positive response.", Hürriyet, 15 December 1995.

64 "Did You See…?, Chris Kutschera Reports on the Phenomenon of Kurdish Television", The Middle East, (September 1996), p. 42.

65 Shane Kingston, "Terrorism, the Media, and the Northern Ireland Conflict", Studies in Conflict and Terrorism, Vol. 18, Number 3 (July-September 1995), p. 207.

66 Shane Kingston, "Terrorism, the Media, and the Northern Ireland Conflict", Studies in Conflict and Terrorism, Vol. 18, Number 3 (July-September 1995), p. 223.

67 Vincent Porter, "Broadcasting Pluralism and the Freedom of Expression in France, Germany and Ireland" in National Identity and Europe: The Television Revolution ed. by Philip Drummond, Richard Paterson and Janet Willis (British Film Institute Publishing, 1993), p. 68.

68 Shane Kingston, "Terrorism, the Media, and the Northern Ireland Conflict", Studies in Conflict and Terrorism, Vol. 18, Number 3 (July-September 1995), p. 209.

69 Shane Kingston, "Terrorism, the Media, and the Northern Ireland Conflict", Studies in Conflict and Terrorism, Vol. 18, Number 3 (July-September 1995), p. 215.