Founded by journalist and lawyer Ömer Madra, Açık Radio has been broadcasting since 1994 with the slogan, "Open to all the sounds, colors, and vibrations of the universe!" However, as of October 11, 2024, the station ceased broadcasting due to the cancellation of its terrestrial broadcast license by the Radio and Television Supreme Council (RTÜK).1The process leading to the revocation of the broadcast license stems from the April 24, 2024 broadcast of the “Açık Gazete” program, specifically during the “Nereye Doğru: Cengiz Aktar’la Geleceğe Bakışlar” segment. The claims are based on the use of the term “Armenian Genocide” in the context of the ban on activities commemorating the events of 1915. During the broadcast, journalist Cengiz Aktar (C.A.) engaged in the following dialogue:“… yes, the Armenian, that is, the deportation and massacres that occurred on Ottoman lands, massacres that are referred to as genocide, mark their 109th anniversary, the sene-i devriyesi. The commemoration has been banned again this year, as you know.”Ömer Madra: “We tried to touch on this a little earlier. In the opening, we mentioned some of the first bans.”C.A.: “Yes, it used to take place in Sultanahmet, Haydarpaşa, Taksim, and Kadıköy. Every year, it was held in different places. Initially, it was commemorated in Taksim, back in 2010.”Özdeş Özbay: “Yes, a commemoration.”C.A.: “Yes, but it’s no longer possible to hold it there. The Armenian Genocide commemoration... and yet the government still issues a condolence message, as you know, they did so again this year. It’s unclear what exactly they are doing, yes…”As a result of these statements, RTÜK launched an investigation into the program.The investigation was launched based on the allegation that the principles in Article 8, paragraph 1(b) of Law No. 6112 on the Establishment and Broadcasting Services of Radio and Television were violated. This provision states that “Broadcasting services cannot incite society to hatred and enmity or create feelings of hatred by discriminating on the basis of race, language, religion, gender, class, region, or sect.” On May 22, 2024, RTÜK ruled that this principle had been violated and imposed an administrative fine and a broadcast suspension on Açık Radyo. The ruling included a fine of approximately 190,000 TL and a five-day broadcast suspension, and it was electronically delivered to Açık Radyo.&nbsp;However, the section of the notification containing the broadcast suspension penalty could not be opened due to a technical issue, and by the time the document was accessed, the days on which the suspension was supposed to be implemented had already passed. Açık Radyo submitted a request to RTÜK regarding this issue, but on July 3, 2024, RTÜK decided to revoke the station’s broadcast license, citing non-compliance with the suspension decision under Article 32 of Law No. 6112. Nevertheless, because the administrative court had issued a stay of execution in the case against the penalty decision, this revocation decision was not officially communicated to Açık Radyo.On September 27, 2024, after receiving the response from the administration, the administrative court lifted the stay of execution and rejected the request for a suspension of enforcement. Following this decision, RTÜK officially notified Açık Radyo of the broadcast license revocation.&nbsp;It is important to note that, despite the high likelihood that the penalty would be annulled—given that the speech in question clearly falls under freedom of expression as established by ECtHR precedents—RTÜK’s decision to revoke the broadcast license without waiting for the court's final ruling can hardly be considered a good-faith action. Additionally, despite Açık Radyo stating that the failure to comply with the broadcast suspension was unintentional and due to a technical oversight, RTÜK revoked the terrestrial broadcast license the very next day after Açık Radyo made this notification, which also does not seem to align with a good-faith approach.Regarding criminal prosecutions related to the use of the term "Armenian Genocide," several appeals have been made to the Constitutional Court and the European Court of Human Rights (ECtHR), both of which ruled that the use of this term should not be the subject of criminal charges. In the *Deniz Yücel* case, the Constitutional Court stated, "The applicant’s use of the phrase ‘genocide against Armenians’ relates to a topic that triggers heated debates not only in Turkey but also internationally.2 &nbsp;The mere use of such a phrase should not be subject to criminal charges." Similarly, in the *Taner Akçam* case, the ECtHR found that the investigations launched against the applicant for his writings and speeches on the "Armenian Genocide" constituted a violation of freedom of expression.3Despite these rulings, the revocation of Açık Radyo’s broadcasting license—a station that has been broadcasting for 30 years—solely because the term "Armenian Genocide" was mentioned in a radio program, clearly constitutes a violation of freedom of expression and amounts to censorship.

The Freedom Observer

Despite these rulings, the revocation of Açık Radyo’s broadcasting license—a station that has been broadcasting for 30 years—solely because the term "Armenian Genocide" was mentioned in a radio program, clearly constitutes a violation of freedom of expression and amounts to censorship.

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