Most of those who can read this may be wondering what this fuss over Turkish court decision to ban access to WP is all about. And for those who can’t reach, it might be a case of “if a tree fell in the forest and nobody heard it, did it really fall” conundrum. Let me explain: About 3-4 days ago when I tried to access my blog I was greeted with this announcement on the screen:
“Bu siteye erisim mahkeme karariyla engellenmistir.
T.C. Fatih 2.Asliye Hukuk Mahkemesi 2007/195 Nolu Karari geregi bu siteye erisim engellenmistir.
Access to this site has been suspended in accordance with decision no: 2007/195 of T.C. Fatih 2.Civil Court of First Instance.
I was taken aback but only a bit. I was well aware that I was in Turkey and had learned to never say never or “this can’t be”. Moreover, I was threatened with a legal suit in the past for a posting that apparently ruffled some feathers, and having heard of cases decided against the defendant without even bothering to inform him of the complaint or inviting him to the court, I surmised it was my turn this time.
To my pleasant surprise, it was revealed later on that the “condemned” party was not I per se. My relief turned into an inferiority complex on behalf of my country however, when I found out that the access to WP who provides blogging opportunity for over a million people around the world was blocked all over Turkey. I had the same feeling when access to U-Tube was suspended for a video originating from Greece insulting Ataturk, the founder of the Turkish Republic. The word “ostrich syndrome” would fail to accurately describe this level ignorance and stupidity. This incidences of “burning the blanket to get rid of a flea” in a country where the guardians of the regime claim to be guided by Ataturk’s maxim “the most genuine guide is knowledge” belies description.
I do not know of the logic the court employed for I have not read the opinion, if one was offered, but the enforcement of the decree is reminds me of the US carpet bombing of whole villages in Viet Nam, Afghanistan or Iraq because they heard gun shots from that direction or the like. Let us assume that there are a few or a number of bad apples among the hundreds of thousands in the WP blogging community, who engage in dissemination of child pornography, other illegal activities or worse yet “disrespect to Ataturk” or views that are deemed to be “reactionary” (code word for Islamic) by the Holy State. Is burning the whole virtual neighborhood for these bad apples the way to deal with it?
It was revealed later on that the court action was the result of a complaint filed by Adnan Oktar who uses the pseudonym Harun Yahya in his creationist publications. His complaint was on the grounds of slander and defamation by Edip Yuksel who has been attacking him on and off the net on religion and science issues. As part of his crusade, Mr. Yuksel apparently set up several blogs in the wordpress with names containing Harun Yahya and encouraging others to do the same. I do have certain views vis-a vis the evolution-creation issue; and even published a couple of articles here dealing with the matter but that is besides the point. The principles to be upheld here are:
1) The freedom of dissemination of ideas and information
2) The individuality of the guilt -if any committed-, opposition to collective punishment
As a mentioned above, there could be cases where a publication can be prevented for public good or to protect an individual’s rights. Thus, actions to this effect can be taken by the state or private entities providing such service such as WP on their own volition. In doing so however, both state and the non-governmental entities must exercise utmost care to not throw the baby with the bath-water, as done here. I take my blogging seriously, as I am sure many others do. Only through this, I am able to share my views on a variety of issues ranging from animal rights, to Turkey’s democratization, religion and politics. All the parties contributed to this result should rethink whether the interests served and the values upheld by this ban outweigh the damage done by preventing thousands of bloggers like myself reaching its readership and even more importantly denying the public right to reach this wealth of alternative information.
[…] Toplum, Guncel-Politik, sosyal, kulturel, Bilim ve Teknoloji — Bekir L. Yildirim @ 10:04 am English version. Bu yazıyı okuyabilenler muhtemelen neden bahsettiğimi bilmiyorlar. Okuyamayanlar için ise durum […]
BeğenBeğen
Çok iyi yazılmış. Kaleme sağlık.
BeğenBeğen
yaaa sayin WP kizdirmayin bekir beyi en kisa zamanda cozmezseniz biliyor bekir bey yapacagini !! ( tatil 🙂 ) ni-ni ni-ni ni-ni !!!!(bu kisimda kaslar catilmistir , parmak havadadir ve WP nin suratina suratina sallanmaktadir )
saygilar aysemine
BeğenBeğen
[…] Knowing a bit from the first hand experience with the Turkish judicial system and the bureaucracy , I blamed primarily the system in this ostensibly minor event turning into a saga. It appears now that there is enough blame to go around including possibly the WP which I held blameless so far (see for ex. “Wordpress banned in Turkey: a case of throwing the baby with the bath-water“). […]
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Merhaba Bekir
I read with great interest your comments (linking here) on my post on NowPublic.com about this unfortunate incident (http://www.nowpublic.com/wordpress-com-blocked-turkey). As someone also blogging from Turkey — though not Turkish; a Brit actually — it is difficult to view this block on WP objectively. Especially when it all boils down to the action of one man. But yes, I think there is something to be said about the WP stance in remaining “defiant”… and I, for one, could happily criticize their position also IF it weren’t for the fact that ALL of WP is blocked (and also Flickr Blog now). From what I understand — but please, someone correct me if I’m wrong here — it is technically possible to ONLY block the “offending” blogs (i.e., the ones originating with Edip Yuksel).
As it is teh case that everybody in Turkey on WP and Flickr Blog is blocked, as I wrote elsewhere, to use the English phrase that corresponds with your Turkish “burning the blanket to get rid of the flea,” this looks like a case of “using a sledgehammer to crack a nut.”
Anyway, cliches aside, if they CAN solely target the “slanderous” blogs but instead choose to wipe us all out then, for my money, protecting the principle of free speech — especially on the Internet where we are still just about free of big corporate interests — does outweigh the dispute between Yuksel and Oktar. In short, siding with WP I think is the way to go.
That said, I really wanted to ask you as someone whom had been the subject of a lawsuit threat for what you posted, and based on what you’ve heard about others, how does this “defamation” court order really work? What I mean is: Do the lawyers merely apply to the court/judge and instantly all alledgedly “slanderous” material is blocked, and a case (or even no case) comes later? OR, do the lawyers apply to the court and then a trial or inquiry takes place, and THEN — the judge having decided that the defendant (e.g Oktar) has been unjustifiably “defamed,” “slandered” etc. — the site becomes blocked.
Which came first? The block on WP and (maybe) there’s a case to follow? Or the case happened and the court/judge decided that Oktar was “defamed” by Yuksel?
That would also help many to make up their minds, I reckon, on which parties should share the blame. To me it looks as if all the lawyers had to do was make an application to a (sympathetic) judge and bingo! WP blocked. What do you think?
…And like you Bekir, as a WP blogger IN Turkey I was also taken aback and asking myself “was this because of me?” at the weekend — that is before we all knew it was Adnan Oktar & his lawyers behind this.
I hope you can shed some light on my questions (or anyone else out there!).
Kendine iyi bak.
Jim
BeğenBeğen
Merhaba Jim,
Starting with your first comment, I am sure “offeending blogs” can be blocoked as opposed t the sledgehammer approach. Easiest way of doing that is by WP , i.e. Matt. And he refuses to. I am sure you question is referring to “blockin by ISP” , in this case TTNET. On that am not positive but as I just commented above in Turkish, my intutition tellas me that should also be possible in this day and age, when there are “thousand ways to skin a cat” in (how do you like this one for a cliche? :))
I too “side with WP” but not nesessarily with Edip, his colabiorators and a host of others who are see this as an opportunity to express thei views on unrelated issues ranging from Islam, to creation vs. evolutioneven Cyprus issue between Turkey and Greece.
With the aid of domestic enemies of current Government in Turkey, some outside Turkey seem to subscribe to the outlandiash view that PM Erdogan has something to do with this. For those I can only say “ignorance must be bliss”. Since you live in turkey, I am sure you are aware that the curent judiciary is staunchly secular-Kemalist and on matters pertaining to the religion vs. secularism they consistently side with the seculars. As a matter of the current constitution and the laws, th government has no control vis-a-vis the appointment of the judges, or the judicial proceedings. On evolution v. creation the regime is as you might guess won’t tolerate even the mention of evolution in the education system, publications or any form of discourse.
I thin the balack-out was the result of a judge deciding based on the existing liber/slander provisions of the current laws that such laws were violated in this cases. As you might guess in Turkey, regulatrion of the internet is a murk area. even in USA or other countries more advanced in internet technology and usage, this remains to be a murk area. Many issuers arise such as whether publishing some ing=fo in a blog is same as doing the same in Guardian, NYT or Hurriyet. Yet judges have to render decision on the cases that come before them.
I am not vell-versd in the slander laws, or any other for tha mter but know a bit about how the systenm functions, which is simlar t that in England or USA in termes of the logic. In any case the fndamental right to faqce the accuse is sacred; thee3oreticall at least. That requirwe tha t5he defendant is served with the process; i;e. informed of the accusation and the identity of the accuser. However, I heard of cases where people lerned tha court decisions were rendered without their knowledge. I suppose that is the result the provision in the law of different forms of “serving with the process”. Sometimes leaving a note with your apatment doorman mighyt comstitute that swervice.
Once in court, I agan guess there isn’t a clear cut one size fits all remedy. Each case is evaluated on the merits, again theoretically at least. Here again the issue does not only involve libel but communication laws, universality issues an man others.
I had in the ast given a power of attorney to a lawyer, who prosecuted and won many cases, he informed me on slander-through-media charges. The awards were so small that I did not receive a peny, that is the awards were aynments for his service.
One person and her organization informed me that a luwsuit was forthcoming for a piece of writing in this blog; but I have not heard anything so far officially from any party. I hope the don’t get ideas from this “serving without informing” remarks of mine.
In the final analysis, the isasue just from a free peech perspective is as convoluted as it is; there is no need to introduxce external issues such as wha Muslims are and Edip-Harun issue, religous cults and so on. I know Edi a bit; his brother Metin was a friend and a brother in “dawah” in college years. If some Isamophobes siding with Ediop are in the opinion that Haun Yahya represent Islam and Edip by default must stand for seclarism, or in this case evolution I am afraid the are in for a big disappointment; Edip is ne less of a “reigous zealot” to say the least, than Harun Yahya, with bizarre interpretations of Islam, and “reform” ideas. If you ask me they both suffer from grandiosity complex to begin with.
Going back to central issue, I understand Matt’s defiance, simply because he does not see that the blogs in question, violate WP’s terms of service and that Turkish court does not have jurisdiction all over the world. That given, it does not prevent him to use his discretion whwether sme bloggers ara abusing the priviledge, such as by setting up blogs with harun Yahya name or the like. Again that is his discretion , if the laws in other jurisdictions are not clearly violated.
That should pretty much cover it, from where I stand.
I see the discussion the issue generated as the silver lining here if there is one.
Hosca kal.
BeğenBeğen
Sag ol for the reply arkadasim! (sorry my Turkce is cok az!) On the last point is where I agree with you 100 percent. The discussion on this issue IS the silver lining.
As for Edip Yuksel, I equally see him as a “guilty party” in all of this, especially by virtue of the sheer number of blogs he has running on Oktar. It’s overkill, in my opinion. But that view is reinforced now by what you’ve enlightened me with above re: his particular take on Islam… Yup, we are very much caught in the middle here. And it is complex.
…And I didn’t know there was no evolution taught in Turkish schools considering the staunchly secular notion of the republic. Not even in science lessons? I do know that there are religious studies which basically amounts to Sunni Islam and that’s it… and the AK Party’s proposals for a new civilian constitution (to replace the 1980 military coup-inspired constitution that presently exists) include scrapping religious studies altogether. That, for me, shows their democratic and even secular credentials.
As for the judges, yes — secular and Kemalist and not appointed by the gov’t. But — and this is just speculation on my part — with the court order coming from the well-known-to-be “religious” Fatih district in Istanbul, how objective do you reckon that judge was in his decision. Especially as many here seem to know who “Adnan Hoca” is here… i.e., he’s been in the news enough times for his controversial views and activities. I certainly didn’t know who he was before my WP blog was blocked. It was a fast learning-curve, aided immensely by my Turkish wife.
But in the interests of fairness, my point about the judge’s “objectivity” is pure speculation on my part. What’s your opinion on that? I’d certainly like to know 🙂
Thanks for all you wrote there about your “legal knowledge.” That too goes some way to understanding all of this mess. (I plan to track down a lawyer and start asking questions… I’ll keep you posted.)
One more piece of “food for thought” (had to get a cliche in somewhere!:)) — the internet is indeed a murky area vis-a-vis freedom of speech, in ANY country. Which is why I think it’s up to us in the blogosphere to challenge what we see as wrong… in this instance, a nationwide blanket ban on access to ALL WP blogs regardless of their individual content equates with censorship, whatever the reason. Certainly, here in Turkey we can arguer the finer points knowing just that little bit more about the nature of the political and religious scene here — and end up a little less decided as to whose “side” we’re on as a consequence — but the rest of the global Internet community (i.e., non-Turkish/outside Turkey) see it in more black-&-white terms… And I would say that includes Matt Mullenweg and the WP staff… And he did ask for “our” opinions first about what to do… though “our” ended with the whole WP blogging community replying, not just those of us inside the Turkish borders (though I think he addressed us on the inside in particular)… and obviously he is/they are acting on both those international and Turkish calls to remain “defiant,” so in that respect the call for what to do, and the collective response heeded and the “defiance” enacted seems to be more in tune with international notions of freedom of speech. While the “Turkish voice” may have got lost somewhat in that intitial period, WP is an international platform, not just a Turkish one, so the global WP “voice” I’d say takes precedence.
On that again, I’m more likely to side with WP and the global Internet community (but then again, I’m British, so i would, wouldn’t I?! :))
I think what we reall need now is for Matt/WP to release a statement of intent on this. WP is just letting it roll. And they can see what we are all doing (the MidEast Youth petition to unblock WP beng one of them). But it is about TIME they voiced their stance on this. It would clarify the murkiness greatly!
That said, that wasn’t actually my “food for thought.” The more I write on this, the more I learn. But, to get back to the point…
The WP Terms of Service (http://wordpress.com/tos/)
say WP are not responsible for content (does that make them innocent?), but that also bloggers “making Content…warrant that…the Content is not obscene, libelous or defamatory” (does that make Edip Yuksel, and by consequence WP guilty, and then Adnan Oktar correct?) — BUT, then the Terms of Service link to more info on what constitutes “slander” and “defamation.” It makes interesting reading. It’s on the Electronic Frontier Foundation’s Web site: http://www.eff.org/bloggers/lg/faq-defamation.php. The nut of this, as far as I can tell so far, is that in reporting on a PUBLIC FIGURE, “A public figure must show ‘actual malice’ — that you [the writer/blogger] published with either knowledge of falsity or in reckless disregard for the truth. This is a difficult standard for a plaintiff [the public figure] to meet.”
On that score, Adnan Oktar is definitely fits the bill of “public figure.”
Ah, but this isn’t Turkish law!This is US-based law. WP is a US company. The EFF is a US-based organization… and the Internet is?
Like I said: Food for thought.
Incidentally, Wikipedia on the EFF:
“The Electronic Frontier Foundation (EFF) is an international non-profit advocacy and legal organization based in the United States with the stated purpose of being dedicated to preserving free speech rights such as those protected by the First Amendment to the United States Constitution in the context of today’s digital age. Its stated main goal is to educate the press, policymakers and the general public about civil liberties issues related to technology; and to act as a defender of those liberties. The EFF is supported by donations and is based in San Francisco, California, with staff members in Toronto, Ontario and Washington, D.C. and Brussels, the seat of the European Union.”
No conclusions… just food for thought.
Keep in touch comrade 🙂 I’ve put you on my blogroll. (Nice cat!)
BeğenBeğen
…actually Bekir, it appears as if Oktar’s lawyers first did apply to have the only offending blogs blocked: “Kerim Kalkan, a lawyer for Oktar said that the court first ordered Turk Telecom to block a couple of specific sites but the authors of the sites soon moved the allegedly libelous content to other WordPress sites.
‘It was when this happened that we applied to the court to order that all websites of WordPress be blocked,’ Kalkan told Deutsche Presse-Agentur dpa.
Kalkan said the court first ordered that WordPress be blocked on August 13 and that Turk Telecom implemented the order on August 17. ‘We have also sent messages to other blog hosting sites and if the libellous content moves to them we will again apply to the courts to have those blocked also,’ Kalkan said.”
— above from Monsters and Critics: http://tech.monstersandcritics.com/news/article_1345401.php/Turkey_bans_Wordpress_blogs_after_alleged_libel_of_Islamic_writer
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Tekrar merhaba Jim. I too value your remarks which you describe as “food for thought”. And these are mine:
Let me start by correcting one fatal error in my pervious comments. In
” On evolution v. creation the regime is as you might guess won’t tolerate even the mention of evolution in the education system, publications or any form of discourse.”
the word evolution should be replaced with creation. From the entirity of my remarks that should b apparent. I just realized that I mutilated many words but that is nothing new to the regular readers of this blog.
You apparently follow th political, social events in Turkey better than many turks, You are correct that there is a “civilian constitution” in the works which may include reforms in the educaion system as well (even thoug the details cannot be adressed by the Constitution but the laws). Whether the religous studies class will be elective and which interpration issue will be addressed by the constitution or the laws based thereon, I am not sure but it is a mock issue. The teaching of religion during primary education was the creation of the Kemaliast-secularist regime to begin with. Along with the institution of “tevhid-i tedrisat” (unity of education) and the Diyanet (Office of Religous Affairs) the regime wanted to control religion and education as a part of a social engineering project in order to create an “enlightened society”. If you ask the religous Sunnis, they would be the first ones to do away with an teachng of religion in schools by the state (which incdentally is 1-2 hours per week and is joke). They however will ask for freedom for veryone to teach their children any religion and any interpretation thereof freely , as you do in England and the rest of the West. Do you know for example tha we are no allowed to teach our children Ku’an until the are 16? True secular state is the one that does not force on any religion to people but also guarantees their freedom of faith. Our Kemalist state is not a secular-democratic (i.e. the state is just a facilitator and gurator of the freedom of religion or lack thereof) in nature but a theocratic one with the state religion being Kemalism-secularism (i.e. a secular lifestyle and a positivist ideology of th 19. century being the official dogma). That being the case, it naturally does not allow young minds to be contaminated with harmful ideas such as creation, Intelligen Design or any other views that differ from the ideology of the Holy State. Those wh say that teaching of “Sunni slam” in schools is favoring that over others either do not know much about the regime we have here or engaging in deliberate demagoguery.
As to the legal proceedings regarding the blocking of WP , we are shooting a bit in the dak here. I warn you no to believe in every soecualtyion you hear. That Fatih is a religous district, and therefore a judge rendering th decision must act with such instinct is at best hyperbolie. First of all judges are not selected from the residents of th districdt but appointed by HSYK (High commission fo Judges an Proscutior)which are loaded with Kemalist Secularist, and staunchly anti-government members. Secondly, Harun Yahya is not necessarliy well liked among the religous people in Turkey. Just the fact that adherent muslims side withj creationism does not tell s much because Edip too is ecreaionist. In the eyes of the state and the judiciary arm of it, both Edip and Adnan are irticaxci (backawrd or reactionary). So there is no rational motive in a typical judge to favor one of these gentleman over the other. In short, as American would say, the system does “not have a dog in this fight”.
My advice is not to pay to much attention to the broken records of the secularist/fashist demagogues in Turkey. Their era is passe, even though if you “hang” at ceratain circles in İstanbul (say caffes and bars in Etiler, Nisantasi or Cihangir) you may not get the feeling. The recent elections reconfirmed what we the democrat intellecuals have been saying all along. If yo can read Turkish, some of my posts in his blog might introdce you to the “other Turkey”.
An objective analysis of the court decision requires the knowledge of the grounds stated in the court filing, the governing laws, techncal issues (ie.e blocking a few bogs vs. the whole WP, by whom etc). Only thos equipped with all this knowledge could express an opinion on whether the judge was biased or not. I am not n that position, noer do see that anyone else is. But apparenly, lacvk of noknowledge oes not stop some from having an opinion, for as the folk sayings go, there is no bone in the tounge and “aptallik para ile degil” (stupidity does not cost a peny.) I don’t have a burning desire to learn all these facts, for the whole matter to me does represent a milestone case in terms of the democratization of Turkey or the political discrourse. You will meet some who will blame Erdogan ven for the drought or the forest-fires in Greece.
Stubbornness of the parties, conflicting principles and values, the murkiness of the legal matters in this fairly new field and the legal systems’ inability to keep pace are all contributing factor it seems.
I draw no conclusions from your being a Brit or any other nationality, for I know that there is no national, ethnic or religous origin implies authomatic subsciption to a package of ideas and mentality. Turkey is no exception, as you see in this case.
Again I continue to think that Matt’s position is easiest to defend, for he or WP cannot be expected to peruse millions of pages of content and render judgements on what is libelous and what constitutes a violation of the standards of common decency and universal values. If they see a publication not clearly violating their standards, then it is to be sorted out in courts, as done here. I give the benefit of the doubt to Matt, on hether he allowed his or WP’s views on various external ssues affected his judgement. Then the issue becomes on of a particular court’s jurisdiction, since no national court has universal jurisdiction. I support EFF’s principles too, but generally the devil is in the details.Since I have not read the content of the said blogs, I cannot render an opinion on whether WP excercised its discretion in an objective and fair manner.
A few words on “public figure”. I appreciate the difference between a “public figure” and private individual. This distinctyion however cannot be taken as a free for all, in impuning characters or slanders. If you read Edip’s remarks in response to my comments in another site, which I published here as well., his statements such as “contrlling their $$ and genitals” in any book would fit insult and slander defintions.
In the end, people have other channls to disseming their views including Edip, his bloggers and us the fellow victims of this “much adoo about nothing” . Mind you, I am living in a country where whether a first lady can wear a headscraf is being debated hotly. First things first.
I do welcome more food for thought on other matters. I do write in English now and then. Eventually I intend to set up separate blogs streamlining the issues they are dedicated to , e.g. one for animals (whom I am crazy about- hence the cat avatar) , another one other issues and one in English. Hopefully..
Hosca kal.
BeğenBeğen
Is WordPress still blocked? As I see several comments here, I’m assuming there is a way to get around this block? (I’m in the U.S.)
BeğenBeğen
[…] “It was revealed later on that the court action was the result of a complaint filed by Adnan Oktar who uses the pseudonym Harun Yahya in his creationist publications. His complaint was on th grounds of slander and defamation by Edip Yuksel who has been attacking him on and off the net on religion and science issues. As part of his crusade, Mr. Yuksel apparently set up several blogs in the wordpress with names containing Harun Yahya and encouraging others to do the same. I do have certain views vis-a vis the evolution-creation issue; and even published a couple of articles here dealing with the matter but that is besides the point.” (Bekir L. Yildirim’s blog) […]
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Hi Courtney. I am afraid it still is. Yes, there are ways (e.g. proxy servers) to get around but I don’t know a way to let the millions of (former) readers know of them 🙂 So it seems like Mohammad will try to move to a mountain of his own, i.e. a Turkish and an English site.
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what about blogger? is that banned as well?
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