The divide within Turkey’s Constitutional Court becomes evident in a 10-6 vote, a clear indication that the nation’s highest judicial body remains deeply fractured on the fundamental issue of free expression. This week, ten justices cast their votes in favor of rescinding the ban on Wikipedia, while six opted to maintain it. This margin underscores the profound disagreement within the court on the matter. The court’s decision heralds the immediate reinstatement of access to the online encyclopedia, a ban that had been in place since January 2017, lasting two years.
The justices who supported the repeal argued that blocking the entire site infringed upon the constitutional guarantee of freedom of expression. However, the six dissenting justices held a different view.
They endorsed the government’s initial stance, asserting that Wikipedia contained content linking Turkish officials to oil trading with the Islamic State and that certain articles suggested collaboration between state-linked entities and terrorist organizations. The government deemed this defamatory and a threat to national security. The six justices appeared to find this argument compelling enough to uphold the ban.
The ban’s origins can be traced back to specific Wikipedia entries that the Turkish authorities deemed objectionable. The Wikimedia Foundation, the non-profit organization responsible for the site, refused to remove these entries, prompting the block.
The foundation subsequently took the matter to the Constitutional Court in May 2017, contesting the access restriction directly. The ruling, made after nearly two years, came amidst a period of intense political tension, terrorist attacks, and protests. Critics viewed the ban as a form of state censorship and a smear campaign against Turkey, while supporters of the ban maintained that the site had overstepped boundaries.
The court’s ruling now compels the government to lift the restriction, yet the 10-6 vote leaves the question unresolved in an absolute sense. Six justices remain unconvinced that the constitution protects Wikipedia’s content in this case, leaving room for future challenges and new legal arguments.
This decision marks a pivotal legal victory for digital freedom in Turkey. However, the narrowness of the victory is significant. The country’s highest court did not speak with a unified voice but with a fractured one.
Ten voices advocated for access, while six supported the ban. This is not a resounding endorsement of free expression but a contentious outcome that mirrors the broader struggle over information control within the country.
For now, Wikipedia is accessible once more. Turkish users can read the articles that prompted the ban. The Wikimedia Foundation can claim vindication.
Yet, the six dissenting justices remain on the bench, and the government’s original rationale for the block – national security, defamation, and links to terrorism – has not been repudiated by a unanimous court. It has been rejected by a majority.
There is a distinction to be made.
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