Turkish Parliament set to debate foreign agent law: Here’s what to expect

The Turkish parliament is currently discussing and will potentially adopt an expansion of the Turkish Penal Code which includes the ‘influence agent’ act under ‘espionage’ charges.

Article 16 of the 23-article draft bill is the main subject of debate as it adds an additional ‘foreign influence’ crime and a new definition under the “Crime Against State Secrets and Espionage” section of the Penal Code.

Being found guilty of the crime could lead to a prison sentence between 3 to 7 years.

The additions to code were postponed in May 2024 after the ruling government Justice and Development Party’s (AK Party) proposal received backlash.

The current bill which includes amendments or regulations to 12 different laws is being spearheaded by the ruling government’s junior partner the Nationalist Movement Party (MHP).

What changed in the new foreign agent law proposal?

In the original draft, the May 2024 version, the article proposal had included, “Those who conduct or have researched about Turkish citizens or institutions and organizations or foreigners in Türkiye.”

While the current November 2024 version of the proposal has erased this distinction, it has retained the portion, ”Those who commit crimes against the security of the state or its internal or external political interests in pursuit of the strategic interests or instructions of a foreign state or organization will be punished.”

Strong criticism from main opposition CHP

Critics of the bill argue that the articles are too vaguely worded.

Moreover, Suleyman Bulbul, deputy of the main opposition Republican People’s Party (CHP) and member of the Parliament’s Justice Commission, argues that a “witch hunt” period will begin with the law. He states, “this law is clearly an anti-democratic legal regulation aimed at creating a climate of fear.”

The CHP is preparing to apply for annulment to the Constitutional Court if the proposal receives a greenlight at the Turkish parliament.

Curbing foreign funding in Turkish journalism

The ruling AK Party argues that the regulation is necessary to, “combat a new type of espionage.”

Part of the package includes that revoking the license and taking quicker legal action against associations and broadcasters that take funds from foreign entities.

Those operating in media will not be allowed to receive funding from foreign foundations or associations. Funding from abroad will lead to the revoking of broadcasting license.

According to Turkish media reports, leading up to bill, the US’s National Endowment for Democracy (NED) has begun hiding its funding in Turkish opposition media outlets.

NED alongside American Chrest Foundation and the Swedish International Development Agency (SIDA) have fallen under close scrutiny by hawkish circles in the Turkish government.

Over half a dozen noteworthy Turkish media outlets receive foreign funding.

Global examples, regional developments behind laws adoption

The United State was the first country to pass a ‘Foreign Agents Registration Act’ in 1938. Since then, more than 60 countries have implemented similar laws.

Russia in 2012 introduced new foreign agents laws which led to a third of NGOs to shutter.

More recently, Türkiye’s neighbor Georgia passed similar legal measures in May 2024 with 84 deputies in favor and 30 against in the Georgian parliament. In Georgia, any organization receiving more than 20% of their funds from abroad must register as foreign influence agent.

Türkiye’s Turkic allies all have foreign agent legislations in place as well.

Over the course of the last several years, Turkish security and intelligence apparatus has caught espionage networks of nearly two dozen nations operating within its borders.