Why does starting a newspaper or an internet news site require a declaration rather than a permission? The answer is in this article.
The First Paragraph: The Prohibition of Permission and Guarantee
Publication, whether periodical or non-periodical, may not be made subject to prior permission or to the deposit of a financial guarantee.
The Second Paragraph: The Declaration System
In order to publish a periodical it is sufficient to submit the information and documents shown by law to the competent authority stated in the law. Where it is established that those information and documents are contrary to law, the competent authority applies to the court for the suspension of the publication.
| Element | Provision |
|---|---|
| What suffices | Submitting the information and documents shown by law |
| To whom | The competent authority stated in the law |
| If a contrariety is established | The authority may not suspend it itself; it applies to the court for the suspension of the publication |
The statutory counterpart of that provision is the declaration regime of Press Law No. 5187. We cover the declaration procedure in the starting a publication guide.
The Third Paragraph: A Limit on the Legislature
The publication of periodicals, the conditions of publication, their financial resources and the principles relating to the profession of journalism are regulated by law. The law may not impose political, economic, financial and technical conditions that impede or make difficult the free publication of news, thoughts and opinions.
The same paragraph also says that the principles relating to the profession of journalism are regulated by law - that is the constitutional basis of Law No. 5953 on the Regulation of Relations Between Employees and Employers in the Press Profession. We cover the detail in the employment rights guide.
The Fourth Paragraph: Equal Access to Public Facilities
Periodicals benefit from the means and facilities of the State and of other public legal persons or of the institutions attached to them on the basis of equality.
Reading the Three Articles Together
| Article | What it prohibits / recognises |
|---|---|
| Art. 28/1 | Establishing a printing house may not be made subject to permission and a financial guarantee; the prohibition of censorship |
| Art. 29/1 | Publication may not be made subject to prior permission and a financial guarantee |
| Art. 26/1, last sentence | Radio, television and cinema transmissions may be made subject to a system of permission |
| Art. 30 | A printing house, its annexes and press equipment may not be confiscated and forfeited on the ground that they are instruments of an offence |
Summary
Art. 29 of the Constitution exempts periodical and non-periodical publication from the condition of prior permission and a financial guarantee; for a periodical it treats the submission of the information and documents shown by law to the competent authority as sufficient. In the event of a contrariety the authority may not suspend the publication but applies to the court. The law may not impose political, economic, financial and technical conditions that impede or make publication difficult. Periodicals benefit from public facilities on the basis of equality.