The Law's harshest power is here: the prohibition of a news item or a broadcast. In granting the power the article also establishes the route of judicial review and sets the periods hour by hour.
The Power - Art. 23/1
The President or a minister they designate is empowered, in cases where national security clearly requires it, to prohibit a news item or broadcast. It is essential that the prohibition order be in writing. However, in urgent cases the prohibition order may also be communicated orally. In that case it is compulsory for the prohibition order to be repeated in writing as soon as possible.
| Element | Provision |
|---|---|
| Who | The President or a minister they designate |
| Ground | Cases where national security clearly requires it |
| Subject | A news item or broadcast |
| Form | It is essential that it be in writing |
| In an urgent case | May be communicated orally - it is compulsory to repeat it in writing as soon as possible |
Broadcasts Outside TRT
The last sentence of the same paragraph: where broadcasts not made under the responsibility of the Turkish Radio-Television Corporation are prohibited, the prohibition order is notified to those concerned within twenty-four hours from the date it is received by the Directorate General.
Where It Does Not Apply - Art. 23/2
The provisions of the first paragraph are not applied to speeches made on behalf of political parties under Arts. 52 to 55 of Law No. 298 of 26 April 1961 on the Basic Provisions on Elections and Voter Registers.
The Judicial Route and the Periods - Art. 23/3
In annulment actions to be brought before the Council of State against the prohibition orders in the first paragraph, notification is made within forty-eight hours from the date of application. The periods for the reply and the rejoinder are ten days each. A decision is given within fifteen days of the completion of those periods.
| Stage | Period |
|---|---|
| Competent judicial body | The Council of State |
| Notification | 48 hours from the date of application |
| Period for the reply | 10 days |
| Period for the rejoinder | 10 days |
| Decision | 15 days after the completion of the periods |
The Constitutional Framework
Art. 28/6 of the Constitution: 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.
National security is also listed among the grounds of limitation in Art. 26/2; but under Art. 13 a limitation may not touch the essence of the right and may not be contrary to the principle of proportionality. We cover the detail in the grounds guide and the censorship guide.
Broadcasts Concerning the State's Foreign Relations
The neighbouring article, Art. 24 (broadcasts concerning the State's foreign relations), was repealed by Decree-Law No. 703. We cover the detail in the repealed articles guide.
Summary
Art. 23 of Law No. 2954 gives the President or a minister they designate the power to prohibit a news item or broadcast in cases where national security clearly requires it. It is essential that the order be in writing; in an urgent case it may be communicated orally but must be repeated in writing. For broadcasts not under TRT's responsibility the order is notified to those concerned within 24 hours. In annulment actions before the Council of State, notification is 48 hours, the reply and rejoinder ten days each and the decision fifteen days. Election propaganda speeches are outside that power.