Turkish Journalists Face Criminalization Under Proposed '11th Judicial Package' for LGBTQ+ Reporting

Proposed Legislation Threatens Media Freedom

Journalists in Turkey are facing the prospect of criminalization for their reporting on LGBTQ+ issues, following the unveiling of the government's proposed '11th Judicial Package.' This comprehensive set of legal changes, which critics describe as 'draconian,' includes provisions that could impose prison sentences on individuals, including media professionals, for publicly expressing, encouraging, or promoting behaviors deemed 'contrary to biological sex at birth and public morality.'

The draft legislation is anticipated to be submitted to Parliament in the coming days. If enacted, it would amend Article 225 of the Turkish Penal Code, which currently addresses public indecency. Those found in violation of the new provisions could face imprisonment ranging from one to three years.

Broad Scope and Vague Terminology Raise Concerns

The proposed measures extend their reach to both digital and broadcast media, threatening penalties for platforms that feature LGBTQ+ characters or storylines. Such content could be prosecuted for 'encouraging behavior contrary to public morals.' International press organizations have highlighted that the provisions are 'broader and vaguer than Russia's 2013 'gay propaganda ban',' potentially granting authorities extensive discretion to target journalists and media outlets. Reporting on topics such as human rights violations, sexual health, and Pride marches could be interpreted as 'promotion' under the new law, leading to criminal prosecution.

Beyond media restrictions, the '11th Judicial Package' also seeks to:

• Criminalize engagement or wedding ceremonies between same-sex couples, with potential prison terms of up to four years.
• Introduce significant restrictions on gender-affirming healthcare, including raising the minimum legal age for gender reassignment surgery from 18 to 25.
• Require individuals seeking gender-affirming care to be unmarried, undergo multiple psychological evaluations, and obtain a court order.
• Impose prison sentences on healthcare providers who do not comply with these new regulations.

Widespread Condemnation from Rights and Media Groups

The proposals have drawn sharp criticism from numerous human rights and media organizations. Groups have labeled the draft legislation as 'a manifesto of hate' and 'a severe escalation' in the crackdown on LGBTQ+ rights. A joint statement by seventeen international press organizations, including the European Centre for Press and Media Freedom (ECPMF), the Media and Law Studies Association (MLSA), and the European Federation of Journalists (EFJ), has called for the immediate removal of the anti-LGBTQ+ provisions.

Amnesty International's Deputy Director for Europe, Dinushika Dissanayake, stated that these proposals 'present a grave threat to the rights of LGBTI people and those who advocate for LGBTI rights and they must never see the light of day.' Recent incidents underscore the existing pressures on LGBTQ+ reporting in Turkey, including the arrest of Yıldız Tar, editor-in-chief of KAOS GL, and the blocking of the platform's website. Additionally, reporter Can Öztürk was questioned for his coverage of 'conversion therapy,' and the Radio and Television Supreme Council (RTÜK) has issued fines to streaming platforms for featuring LGBTQ+ content.

Government Justification and Broader Context

The Turkish government has justified the proposed reforms by stating their aim is to 'protect public morality,' 'preserve the family institution,' and ensure 'the upbringing of physically and mentally healthy generations.' Officials have framed these changes as part of a broader effort to counter 'gender-neutrality movements' and reinforce 'moral and social values.'

While homosexuality is not illegal in Turkey, homophobia is prevalent, and Pride marches have been banned for several years. The ruling Justice and Development Party (AKP) has increasingly characterized LGBTQ+ visibility as a threat to traditional values. The year 2025 has been designated the 'Year of the Family' in Turkey, providing a backdrop for these legislative efforts.