Thu, May 5, 2011 12:08:02 PMPress Release on TIB's Request of Cancellation of Domain-Hosting
05/05/2011
Submitted by
Pembe Hayat
04.05.2011
Ankara
To the Press and the Public Opinion;
Information and Communication Technologies Authority- Telecommunication Communication Presidency (TIB) has recently sent a list of banned words to hosting companies requesting that domain names including these words which are considered to be obscene, be removed. “Gay, homosexual, bisexual, lesbian, transvestite” are also among these banned words.
This request uses as a pretext the Law no: 5361 on “Regulation of Internet Broadcasting and Fighting Against Crimes Committed in these Broadcasts” and the Directive laying down the “Principles and Procedures of Issuing Activity Certificates to Access Providers and Hosting Companies, by Telecommunication Presidency” that is based on this law. This request refers to rejection of self-existence of lesbian, gay, bisexual and trans (LGBT) individuals and/or to perception thereof as “indecency, obscenity”. The way the said law and directive have been interpreted, results in dismissal of the most fundamental rights of the LGBT citizens; the right to exist and right to be accepted equally.
While a debate is on-going about grave restrictions on internet freedoms which may amount to censorship, TIB has sent on 21 April 2011 a new demand to the hosting companies. The information message of TIB states the following; “It has been understood that you are the hosting company of the below listed domains. You are required to terminate your services as a hosting company immediately. Otherwise, legal proceedings will be initiated without any further notice”. The justification is that; “It is forbidden to be the hosting company of websites falling under the scope of catalogue crimes [obscenity, prostitution, sexual abuse of children etc.] stipulated in Law No: 5651”. The domains listed include, inter alia, pembehayat.org which is the official website of Pembe Hayat LGBTT Solidarity Association.
To date, the expressions of “general morality”, “public morality”, “public order”, “obscenity”, “national and moral values” used in various laws, regulations and by-laws, have been interpreted against LGBT individuals, resulting in the grave violation of their rights and freedoms.
The demand calling for the termination of services as the hosting company of the official website of Pembe Hayat Association clearly means the censoring of the information, ideas and democratic demands generated by LGBT individuals in the struggle for their rights. In other words, censoring them is the same thing as censoring the civil society struggle of the LGBT.
This demand which is also contrary to Article 26 of the Constitution of the Republic of Turkey entitled “Freedom of Expression and Dissemination of Thought”, Article 10 of the European Convention on Human Rights regulating “freedom of expression” and Article 19 of the Universal Declaration of Human Rights on “freedom of opinion and expression” amounts to the confiscation of LGBT individuals’ right to share with wider segments of the society the developments encountered in the struggle for their rights as well as their right to express and disseminate demands for their rights.
The aforementioned practice should be seen as a reflection, and a consolidating element of the ongoing intensive and systematic discrimination against LGBT individuals. Article 14 of the European Convention of Human Rights, entitled "prohibition of Discrimination", notes that discriminatory practice against any group is a violation of human rights. In the same manner, Annexed Protocol 12 of the Convention, too, charges the signatory States with the responsibility to prohibit all forms of discrimination.
Although Pembe Hayat officially became an association upon application to Associations Desk on 30 June 2006, Ankara Governorate approached Ankara Chief Prosecutor's Office, demanding its closure on the basis of extremely ambiguous wording of relevant laws, such as "general morality", "public order", and "contraction with Turkish family structure".
This demand, which meant the curbing of 'freedom of association' for LGBT individuals, was overturned by Ankara Chief Prosecutor's Office. And the statement delivered by Press prosecutor Kürşat Kayral clearly put that “the wording homosexual, bisexual, lesbian, gay and transvestite were not concepts that grant or deny rights to an individual but on the contrary they defined human”, “interpretation should be done in a narrow framework when limiting freedoms through concepts like public order or general morality”, and “interpretations that would curtail self-expression of individuals were in violation of freedoms”.
As the intensive discrimination, crimes of hatred, social exclusion, and violence against LGBT individuals continue in Turkey, officials should guarantee these very fundamental rights and liberties rather than restricting them. A demand to close down the website of an official civil society organization, which struggles for the rights and liberties of LGBT individuals, can be a wall of shame for a country that is an official candidate to the European Union. A government policy ignoring the democratic demands of LGBT individuals; destroying their freedom of association and expression; taking no measures against the attacks aiming at their right to life; and institutionally consolidating discrimination is unacceptable.
We will not allow this political mentality, which was unable to prevent us from realizing our freedom of association, to unlawfully cut off our official communication channels. In the face of this application by TIB, which meant an explicit violation of the LGBT human rights defenders' right to association and spread their thoughts, we would like to announce that as Pembe Hayat Association, we will take all necessary legal steps.
Kind Regards.
Pembe Hayat LGBTT Solidarity Association
Contact Person: Kemal Ordek, Secretary General
Kemal@Pembehayat.Org
+90 554 465 57 29
Ankara
To the Press and the Public Opinion;
Information and Communication Technologies Authority- Telecommunication Communication Presidency (TIB) has recently sent a list of banned words to hosting companies requesting that domain names including these words which are considered to be obscene, be removed. “Gay, homosexual, bisexual, lesbian, transvestite” are also among these banned words.
This request uses as a pretext the Law no: 5361 on “Regulation of Internet Broadcasting and Fighting Against Crimes Committed in these Broadcasts” and the Directive laying down the “Principles and Procedures of Issuing Activity Certificates to Access Providers and Hosting Companies, by Telecommunication Presidency” that is based on this law. This request refers to rejection of self-existence of lesbian, gay, bisexual and trans (LGBT) individuals and/or to perception thereof as “indecency, obscenity”. The way the said law and directive have been interpreted, results in dismissal of the most fundamental rights of the LGBT citizens; the right to exist and right to be accepted equally.
While a debate is on-going about grave restrictions on internet freedoms which may amount to censorship, TIB has sent on 21 April 2011 a new demand to the hosting companies. The information message of TIB states the following; “It has been understood that you are the hosting company of the below listed domains. You are required to terminate your services as a hosting company immediately. Otherwise, legal proceedings will be initiated without any further notice”. The justification is that; “It is forbidden to be the hosting company of websites falling under the scope of catalogue crimes [obscenity, prostitution, sexual abuse of children etc.] stipulated in Law No: 5651”. The domains listed include, inter alia, pembehayat.org which is the official website of Pembe Hayat LGBTT Solidarity Association.
To date, the expressions of “general morality”, “public morality”, “public order”, “obscenity”, “national and moral values” used in various laws, regulations and by-laws, have been interpreted against LGBT individuals, resulting in the grave violation of their rights and freedoms.
The demand calling for the termination of services as the hosting company of the official website of Pembe Hayat Association clearly means the censoring of the information, ideas and democratic demands generated by LGBT individuals in the struggle for their rights. In other words, censoring them is the same thing as censoring the civil society struggle of the LGBT.
This demand which is also contrary to Article 26 of the Constitution of the Republic of Turkey entitled “Freedom of Expression and Dissemination of Thought”, Article 10 of the European Convention on Human Rights regulating “freedom of expression” and Article 19 of the Universal Declaration of Human Rights on “freedom of opinion and expression” amounts to the confiscation of LGBT individuals’ right to share with wider segments of the society the developments encountered in the struggle for their rights as well as their right to express and disseminate demands for their rights.
The aforementioned practice should be seen as a reflection, and a consolidating element of the ongoing intensive and systematic discrimination against LGBT individuals. Article 14 of the European Convention of Human Rights, entitled "prohibition of Discrimination", notes that discriminatory practice against any group is a violation of human rights. In the same manner, Annexed Protocol 12 of the Convention, too, charges the signatory States with the responsibility to prohibit all forms of discrimination.
Although Pembe Hayat officially became an association upon application to Associations Desk on 30 June 2006, Ankara Governorate approached Ankara Chief Prosecutor's Office, demanding its closure on the basis of extremely ambiguous wording of relevant laws, such as "general morality", "public order", and "contraction with Turkish family structure".
This demand, which meant the curbing of 'freedom of association' for LGBT individuals, was overturned by Ankara Chief Prosecutor's Office. And the statement delivered by Press prosecutor Kürşat Kayral clearly put that “the wording homosexual, bisexual, lesbian, gay and transvestite were not concepts that grant or deny rights to an individual but on the contrary they defined human”, “interpretation should be done in a narrow framework when limiting freedoms through concepts like public order or general morality”, and “interpretations that would curtail self-expression of individuals were in violation of freedoms”.
As the intensive discrimination, crimes of hatred, social exclusion, and violence against LGBT individuals continue in Turkey, officials should guarantee these very fundamental rights and liberties rather than restricting them. A demand to close down the website of an official civil society organization, which struggles for the rights and liberties of LGBT individuals, can be a wall of shame for a country that is an official candidate to the European Union. A government policy ignoring the democratic demands of LGBT individuals; destroying their freedom of association and expression; taking no measures against the attacks aiming at their right to life; and institutionally consolidating discrimination is unacceptable.
We will not allow this political mentality, which was unable to prevent us from realizing our freedom of association, to unlawfully cut off our official communication channels. In the face of this application by TIB, which meant an explicit violation of the LGBT human rights defenders' right to association and spread their thoughts, we would like to announce that as Pembe Hayat Association, we will take all necessary legal steps.
Kind Regards.
Pembe Hayat LGBTT Solidarity Association
Contact Person: Kemal Ordek, Secretary General
Kemal@Pembehayat.Org
+90 554 465 57 29
