Turkey's top court: Leaking of telephone conversation to media justified
Turkey's top court has ruled that the leaking of a telephone conversation to the media cannot be considered a violation of privacy because it benefits the public.
The ruling by the Supreme Court of Appeals concerned the phone conversations of Erhan Tuncel, a police informant, whose role in the 2007 murder of Turkish-Armenian journalist Hrant Dink has yet to be determined. Police officer Muhittin Zenit, whose phone conversation with Tuncel was leaked to the press, had demanded damages from the court.
Zenit had argued that the rule regarding the "confidentiality of investigation" had been violated by the publication of his conversation with Tuncel and that he was made a target. He also filed lawsuits against some media outlets that published or broadcast the conversation.
But his demand for compensation was rejected by the Fourth Chamber of the Supreme Court of Appeals, which ruled that the basic principle in evaluating the case should be "the public good."
"The press is responsible for observing, researching, informing, educating and directing the public. The basic principle for this is the public good," the ruling stated and added: "The published conversation involved intense debates about the murder. The information published concerns an important issue that is currently under debate, and there is public good in its dissemination. Therefore, the act is within the rule of law, and the plaintiff's personal rights were not violated," Today's Zaman cited the Supreme Court resolution.
Hrant Dink (September 15, 1954 - January 19, 2007) was born in Malatya. Dink was best known for his role as editor of 'Agos' Turkish and Armenian Language weekly in Istanbul. He worked as the columnist and editor-in chief of AGOS weekly newspaper, which can be regarded as the voice of Armenian community, from 1996 until January 19, 2007 when he was shot dead outside of his office.
Investigations concerning Ergenekon clandestine, Kemalist ultra-nationalist organization have led to suspicions concerning Ergenekon's involvement in Dink's assassination.
The ruling by the Supreme Court of Appeals concerned the phone conversations of Erhan Tuncel, a police informant, whose role in the 2007 murder of Turkish-Armenian journalist Hrant Dink has yet to be determined. Police officer Muhittin Zenit, whose phone conversation with Tuncel was leaked to the press, had demanded damages from the court.
Zenit had argued that the rule regarding the "confidentiality of investigation" had been violated by the publication of his conversation with Tuncel and that he was made a target. He also filed lawsuits against some media outlets that published or broadcast the conversation.
But his demand for compensation was rejected by the Fourth Chamber of the Supreme Court of Appeals, which ruled that the basic principle in evaluating the case should be "the public good."
"The press is responsible for observing, researching, informing, educating and directing the public. The basic principle for this is the public good," the ruling stated and added: "The published conversation involved intense debates about the murder. The information published concerns an important issue that is currently under debate, and there is public good in its dissemination. Therefore, the act is within the rule of law, and the plaintiff's personal rights were not violated," Today's Zaman cited the Supreme Court resolution.
Hrant Dink (September 15, 1954 - January 19, 2007) was born in Malatya. Dink was best known for his role as editor of 'Agos' Turkish and Armenian Language weekly in Istanbul. He worked as the columnist and editor-in chief of AGOS weekly newspaper, which can be regarded as the voice of Armenian community, from 1996 until January 19, 2007 when he was shot dead outside of his office.
Investigations concerning Ergenekon clandestine, Kemalist ultra-nationalist organization have led to suspicions concerning Ergenekon's involvement in Dink's assassination.
