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Court Blocks Access To YouTube In Turkey

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  • Court Blocks Access To YouTube In Turkey

    COURT BLOCKS ACCESS TO YOUTUBE IN TURKEY
    By Thomas Crampton

    International Herald Tribune, France
    March 7 2007

    PARIS: A court in Turkey on Wednesday ordered blockage of all access
    to YouTube, the popular video-sharing Web site, over a video deemed
    insulting to Mustafa Kemal Ataturk, the founder of modern Turkey.

    The ban followed a week of what the media in Turkey dubbed a "virtual
    war" of videos between Greeks and Turks on YouTube and came as
    governments around the world - including France - grappled with the
    freewheeling content now readily posted on the Internet.

    The largest Internet provider in Turkey, Turk Telecom, immediately
    complied with the ban and cut off access to the site.

    "We are not in the position of saying that what YouTube did was an
    insult, that it was right or wrong," Paul Doany, the chairman of Turk
    Telecom, told the state-run Anatolia news agency. "A court decision
    was proposed to us, and we are doing what that court decision says."

    Visitors to the site in Turkey on Wednesday afternoon were greeted
    with the message first in Turkish and then in English: "Access to
    www.youtube.com site has been suspended in accordance with decision
    no: 2007/384 dated 06.03.2007 of Istanbul First Criminal Peace Court."

    YouTube expressed dismay over the move, adding that the offending
    video had been removed and that the company was working with the
    government to resolve the situation.

    "We are disappointed that YouTube has been blocked in Turkey,"
    the company said in a statement. "While technology can bring great
    opportunity and access to information globally, it can also present
    new and unique cultural challenges."

    A later court ruling said the service could be restored after YouTube
    removed the offending material, Anatolia reported, but it was not
    clear when that would be.

    The ban comes as Turkey struggles to prove its human rights credentials
    to the European Union and as governments around the world grapple
    with content posted to the Internet by private citizens.

    YouTube faced a court-ordered national ban in Brazil for several
    days in January after footage of a model cavorting in the sea with
    her lover kept reappearing on the site.

    Separately, activists in France this week warned that a recent law
    against posting video of violent acts would stifle free expression.

    The French law, which was intended to criminalize "happy slapping" -
    acts of violence committed for posting on the Internet - could also
    criminalize the recording of police brutality, activists said.

    "I don't think the French government intended to attack user-generated
    content, but that is the effect," said Julien Pain, a spokesman
    for the press freedom organization Reporters Without Borders. "If
    someone films a policeman wrestling someone to the ground, that can
    be considered a criminal act."

    While the French law has provisions to protect professional journalists
    or those who record violence to turn it over to the authorities,
    passersby remain liable for fines of as much as ~@75,000, or nearly
    $100,000, and five years in prison, Pain said.

    "This law removes protection for citizen-journalists or bloggers
    who would want to record the violence if riots start again in the
    Paris suburbs," Pain said. "The distinction between professional and
    amateur journalists is no longer valid since all Internet users are
    now in a position to create and disseminate information."

    The video that prompted the ban in Turkey allegedly said that Ataturk
    and the Turkish people were homosexuals, according to news reports.

    Insulting Ataturk is a criminal offense in Turkey. In a front page
    story, the newspaper Hurriyet said thousands of readers had written
    to YouTube complaining about the video.

    For Turkey, the ban will present a further hurdle as concern grows
    in Brussels that Ankara is flouting free- speech norms necessary to
    join the European Union.

    In recent weeks, Turkey has pledged to revise a controversial law
    that makes insulting Turkishness a crime. The law - Article 301
    of the Turkish penal code - has resulted in prosecutions against
    leading Turkish intellectuals, including the author Orhan Pamuk,
    a Nobel laureate, and Hrant Dink, an Armenian-Turkish journalist
    murdered in January.

    But the government has refused to drop Article 301 altogether, while
    the law against insulting Ataturk, which has given rise to the YouTube
    case, is considered even more sacrosanct.

    The European Commission, the executive branch of the EU, has been
    particularly concerned by Article 301, which attracted global criticism
    last year when Pamuk was put on trial for telling a Swiss newspaper
    that more than a million Armenians were massacred by Ottoman Turks
    during World War I.

    Krisztina Nagy, spokeswoman for the EU expansion commissioner, Olli
    Rehn, who is overseeing Turkey's EU accession process, declined to
    comment, saying the commission was still trying to confirm the facts
    surrounding the YouTube case.

    But other EU officials said privately that the abrupt decision to
    block access to YouTube would give ammunition to thsoe who argue
    that the avowed secularism of Turkey does not sufficiently safeguard
    free speech.

    The latest controversy comes as Turkey is going through a difficult
    period in its relations with the EU following the decision late last
    year by Union leaders to partially suspend entry negotiations over
    Ankara's refusal to open its ports to Cyprus, an EU member.

    Dan Bilefsky contributed reporting from Brussels and Sebnem Arsu
    from Istanbul.
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