Article 301 Changes Passed

The change to Article 301 of the penal code was approved [by parliament] with 250 votes for and 65 against amid fierce criticism from the nationalist opposition. The ruling Justice and Development Party (AK Party), which dominates the 550-seat Parliament with 340 lawmakers, was the only party that voted in favor of the amendment, while opposition parties voted against it. The amendment has to be approved by the president before it can go into effect.

The article has been used to prosecute hundreds of writers, including Nobel Laureate Orhan Pamuk, for insulting Turkishness.

After the reform goes into effect, it will be a crime to insult the Turkish nation, rather than Turkishness, and the justice minister’s permission will be required to open a case under 301. The maximum sentence will be cut to two years from three. Some argue that the changes are minor and that freedom of speech is not thereby protected. The EU has indicated that it is an acceptable compromise, although would have liked to see Article 301 eliminated entirely.

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