Paris Commercial Court ruled in favor of Med Nuçe whose broadcast had been halted by the French operator Eutelsat. Med Nuçe’s lawyer said it was “a great victory in the name of press freedom”.

The court was expected to declare the verdict on Med Nuçe and Newroz TV on November 14, but the judges were late in signing. The verdict on Newroz TV was announced midday Tuesday, and on Thursday November 17, the verdict on the Med Nuçe case was signed. Paris Commercial Court convicted Eutelsat in both cases. The court demanded broadcasts resume for both Med Nuçe and Newroz TV.

EUTELSAT’S DECISION IS ILLEGAL

Paris Commercial Court’s verdict on Med Nuçe stated that the decision to stop broadcast fell with Belgium’s radio and television authority and not Eutelsat. Judge Thierry Hubert-Dupon expressed that Eutelsat hadn’t proved the claims of Turkish Radio and Television Supreme Council (RTÜK), and decreed Eutelsat had violated the European Convention on Transfrontier Television. The court ruled that the decision to stop the broadcast was “clearly illegal”.

The verdict orders “to resume the broadcast of Med Nuçe programs and Hotbird satellite that were interrupted on October 3, 2016.” The court ruled that determining the material damages fell to the Belgian company and made a foreign plea. The court also sentenced Eutelsat to pay €5000 in damages to Med Nuçe. With this decree, Eutelsat should resume Med Nuçe broadcasts, or they will have to pay €10.000 in damages for each day of the delay.

€10.000 FOR EACH DAY OF THE DELAY

The court had issued a similar verdict regarding Newroz TV on Tuesday. The verdict demanded Eutelsat resume broadcast for Newroz TV under the company SKM (Stiftelsen Kurdish Media). The court ruled for Eutelsat to pay €10.000 in damages for each day the resumption is delayed.

The Newroz TV verdict also stresses that Eutelsat had no “concrete, serious and significant” evidence that the Kurdish television had ties with PKK. The court also ruled that the Turkish authorities resorted to a solution via Eutelsat and therefore failed to fulfill their obligations.

ATT. MALTERRE: A GREAT VICTORY FOR PRESS FREEDOM

Med Nuçe’s lawyer Jean Louis Malterre spoke to the ANF and said that the outcome won’t change even if Eutelsat goes to appeal. Malterre said the court’s verdict was a “great victory for press freedom”.

“Eutelsat didn’t present any evidence to the court that the broadcasts included and praised violence,” said Malterre, and continued: “Eutelsat should have complied with the institutions of countries the broadcasts were tied to, not Turkey. Eutelsat completely disregarded the European convention either. Now they have to comply with the court’s verdict.” Malterre added that Eutelsat had violated international agreements.

BROADCAST HAD HALTED BY TURKEY’S DEMAND

The first hearing for the case filed by Med Nuçe in the Paris Commercial Court was held on October 26. Eutelsat’s lawyer had accepted they took the decision to stop broadcasts by Turkey’s demand and had failed to provide evidence of criminal activity in the hearing.

Med Nuçe’s broadcast was halted on November 3. Eutelsat had sent a message to Hot Bird on September 29 on halting the broadcast. On the day this message was sent, over 20 television and radio networks had been closed in Turkey, and the children’s channel Zarok TV was among them. Eutelsat had halted broadcast for Newroz TV on October 11.

There had been days of protests against Med Nuçe and Newroz TV broadcasts being halted. Several press organizations, political parties and parliamentarians had condemned the decision and protested Eutelsat’s compliance with the Turkish regime. The French government had also stated that unless evidence of violent broadcast was presented, the closing of a news channel was unacceptable.