Criminalizing libel in publishing
Article 157 - Amended according to Decree No. 1460 dated 8/7/1971, Paragraph 1 any person who, by means of one of the means mentioned in Article 209 of the Penal Code, insults the army or the army, or harms its dignity, reputation, or morale, or does what It would weaken in the army military discipline or obedience to superiors and the respect due to them.
Not Compliant with Standards
Analysis
When a state who is a member of the International Covenant on Civil and Political Rights imposes certain restrictions on the exercise of freedom of expression and the circulation of information, such restrictions may not jeopardize the right itself. The restrictions stipulated in Article 157 of the Military Judiciary Law constitute a violation of media freedom by providing an absolute ban on the circulation of any information related to the army and military authorities without the approval or authorization of those authorities, which constitutes a prior censorship of the media and the freedom of information circulation.
Information restriction related to national security and military
Article 157, Amended according to Decree No. 1460 dated 8/7/1971, Paragraph 2 - Any person who, by means of one of the means mentioned in Article 209 of the Penal Code, insults the army or the army, or harms its dignity, reputation, or morale, or does what It would weaken in the army military discipline or obedience to superiors and the respect due to them. Whoever, in peacetime, publishes, informs, or divulges everything related to the army, military incidents inside or outside the barracks, measures taken by the military authority against one of its members, orders or decisions issued by this authority, and everything related to transportation, shall be punished with imprisonment from two months to two years. Units and detachments, promotions, formations, arrests of suspects, tracking of rebels, or operations carried out by state forces, with the exception of notifications and broadcasts that are allowed to be published by the competent authority.
Not Compliant with Standards
Analysis
When a state who is a member of the International Covenant on Civil and Political Rights imposes certain restrictions on the exercise of freedom of expression and the circulation of information, such restrictions may not jeopardize the right itself. The restrictions stipulated in Article 157 of the Military Judiciary Law constitute a violation of media freedom by providing an absolute ban on the circulation of any information related to the army and military authorities without the approval or authorization of those authorities, which constitutes a prior censorship of the media and the freedom of information circulation.
Related Themes
Freedom to Publish
