This article is the constitutional centre of Turkish press law. Its eight paragraphs establish the whole axis, from guarantee to sanction.
The First Paragraph: A Two-Sentence Core
The press is free and may not be censored. Establishing a printing house may not be made subject to permission or to the deposit of a financial guarantee.
The second paragraph was repealed by Art. 10 of Law No. 4709 of 3/10/2001.
The Third Paragraph: The State's Positive Obligation
The State takes the measures to secure freedom of the press and freedom of information.
The Fourth Paragraph: The Regime of Limitation
In limiting press freedom, the provisions of Arts. 26 and 27 of the Constitution apply.
So press freedom has no separate list of limitations of its own; the grounds come from Art. 26 and Art. 27.
The Fifth Paragraph: Responsibility and Preventing Distribution
The paragraph lists three kinds of content: any news or writing which threatens the internal or external security of the State or its indivisible integrity with its territory and nation, or which tends to incite the commission of an offence or an uprising or rebellion, or which relates to information classified as secret to the State.
Those who write or have printed such material, or who print or give it to another for the same purpose, are responsible under the provisions of the law relating to those offences.
| Measure | Who decides? | Period |
|---|---|---|
| Preventing distribution by way of a measure | By a judge's decision; in cases where delay is prejudicial, by the order of the authority expressly empowered by law | - |
| The authority's decision is notified to the judge | The competent authority preventing distribution | Within 24 hours at the latest |
| If the judge does not approve | - | 48 hours - if not approved the decision is deemed void |
The Sixth Paragraph: Publication Bans
For the proper fulfilment of the judicial task, within the limits to be stated by law, and subject to decisions given by a judge, no publication ban may be imposed on events.
The Seventh Paragraph: Seizure
Periodicals and non-periodicals may be seized in two situations:
- By a judge's decision, where an investigation or prosecution has been begun into the offences shown by law;
- In cases where delay is prejudicial from the point of view of safeguarding the indivisible integrity of the State with its territory and nation, national security, public order and public morals and of preventing offences, also by the order of the authority expressly empowered by law.
The competent authority giving a seizure decision notifies its decision to the competent judge within 24 hours at the latest; if the judge does not approve it within 48 hours at the latest the seizure decision is deemed void.
The continuation of the same paragraph: in the confiscation and forfeiture of periodicals and non-periodicals on account of the investigation or prosecution of an offence, the general provisions apply.
The Eighth Paragraph: Temporary Closure
Periodicals published in Turkey may be temporarily closed by court decision where they are convicted of publications contrary to the indivisible integrity of the State with its territory and nation, to the fundamental principles of the Republic, to national security and to public morals. Any publication clearly bearing the character of a continuation of the closed periodical is prohibited; such publications are seized by a judge's decision.
The 24/48-Hour Pattern
Its Counterpart in Statute
The concrete counterparts of Art. 28 are in Press Law No. 5187: preventing distribution and seizure, the regime of responsibility and the suspension of periodicals. We cover the detail in the starting a publication guide and the legal limits guide.
Summary
Art. 28 of the Constitution recognises press freedom and prohibits censorship; it also prohibits making the establishment of a printing house subject to permission and a financial guarantee. It places on the State the obligation to take the measures that will secure freedom of the press and of information. The grounds of limitation come from Arts. 26 and 27. Decisions preventing distribution and seizure decisions are notified to the judge within 24 hours; if the judge does not approve within 48 hours the decision is deemed void. Temporary closure, by contrast, is possible only in the event of conviction and by court decision.