Hmmm "Turkishness" or the "Turkish Nation"? Same Concept

While Turkey gets more creative with its legislation, the European Union is finding new creative ways to exclude Turkey from membership.

With its confusing location, this progressive state finds itself torn between Middle Eastern culture and European influence. Despite desperate attempts to gain membership into the EU, Turkey is falling short with legislation that the EU feels limits free speech—an integral part of democracy. Article 301 of Turkey’s penal code outlaws insults on “Turkishness.” Last Friday, Turkeys Parliamentary justice panel began debating a proposal by the government to soften, although not completely remove, the wording of the controversial article. As it stands, citizens can be prosecuted for saying anything that would be deemed disparaging towards Turkishness. Although the proposal would change the wording to “Turkish nation,” and would require that the justice minister decide punishment, it does not change the nature of the article. While Turkey claims that other European nations have similar legislation, in Turkey, many individuals and non-judicial institutions are taking up the challenge of punishing those they deem as insulting toward their nation.

In a time where the legitimacy of a democracy can either be undermined or reinforced by public opinion, Turkey is excluding itself from the fray by punishing dissenters through legislation. This legistlaiton is deemed crucial by the government at a time when Kurdish resistance is at its peak and unity of Turkey is seen as important to its nationhood. Yet it becomes hard to believe that the legislation is well-intentioned and aimed at the prevention of hate-speech when even bands and their non-political messages are attacked. In 2007, a punk rock band was prosecuted for criticizing a nation-wide high-school exam (a type of SAT) through their song. The band was acquitted but their eligibility for prosecution can indicate nothing other than a sanction of the freedom of speech.

While the EU continually looks for reason to exclude Turkey from membership, Turkey is victimizing itself by failing to curb legislation that is deemed contrary to the idea of democracy and freedom of speech.