The Law answers in two layers. It first states the principle: even in times of crisis, freedom of expression and of receiving news is the basis. It then grants a narrow exception, bound by procedure.
Article 7/1: the principle first
“Even in times of crisis arising from extraordinary situations such as wars, attacks for terrorist purposes, natural disasters and the like, freedom of expression and of receiving news shall be the basis, and broadcasting services may not be subjected to prior control and may not be stopped save by judicial decision. However, in cases where national security clearly so requires, or in situations where serious disruption of public order is highly probable, the President or a Vice-President or minister designated by the President may impose a temporary publication ban.”
| Element | Content |
|---|---|
| Rule | Freedom of expression and of receiving news is the basis even in times of crisis |
| Prohibition | Broadcasting services may not be subjected to prior control |
| Prohibition | They may not be stopped save by judicial decision |
| Condition for the exception | National security clearly so requiring or serious disruption of public order being highly probable |
| Who may act | The President, or a Vice-President or minister designated by the President |
| Nature of the measure | A temporary publication ban |
The wording on competence was amended by Article 164 of Decree Law No. 703 of 2 July 2018; the phrase previously read “the Prime Minister or a minister designated by them”.
Article 7/2: the duty to broadcast official statements
“A media service provider shall be obliged to broadcast the statements of the President concerning the requirements of national security, public order, public health and public morals by 23:30 on the day the statement reaches it.”
This is a different obligation from a restriction: not stopping a broadcast but being required to broadcast particular content. The hour is written into the statute and applies to the day the notification arrives.
Article 7/3: the judicial route is the Council of State, within 48 hours
“Actions for annulment against decisions taken pursuant to the first and second paragraphs shall be brought directly before the Council of State. The Council of State shall hear and decide such cases with priority and shall rule on requests for a stay of execution within forty-eight hours.”
| Type of decision | Forum | Special procedure |
|---|---|---|
| Administrative fine, programme or broadcast suspension, licence revocation | Ankara administrative court | Action within 15 days; filing does not suspend enforcement |
| Temporary publication ban and official statement decisions under Art. 7 | Directly the Council of State | Priority hearing; stay requests decided within 48 hours |
Article 7/4: the consequence of breaching a ban
The fourth paragraph, added in 2017, states the consequence directly: “Where broadcasting is carried out contrary to the publication bans and restrictions imposed under this article and Press Law No. 5187 of 9 June 2004, the broadcasting of the media service provider’s programmes shall be suspended for one day by the Supreme Council, and in that case the fourth paragraph of Article 32 shall apply. Within one year, on repetition of the contravention the undertaking’s broadcasts shall be suspended for up to five days, on a second repetition for up to fifteen days, and on a third repetition the broadcasting licence shall be revoked.”
The paragraph was added by Article 17 of Decree Law No. 680 of 2 January 2017 and enacted as it stood by Article 16 of Law No. 7072 of 1 February 2018.
| Step | Sanction |
|---|---|
| First contravention | Broadcasting of programmes suspended for 1 day |
| Repetition within one year | Broadcasts suspended for up to 5 days |
| Second repetition | Broadcasts suspended for up to 15 days |
| Third repetition | The broadcasting licence is revoked |
Through the reference in Article 7/4 to Article 32/4, programmes supplied by RTUK are broadcast in place of the suspended programmes, in the same band and without commercial communication; and the producer or presenter responsible for the act may not make or present any programme for the duration of the suspension.
Bans arising under Law No. 5187 are covered too
The scope of Article 7/4 is not limited to Law No. 6112: it refers to publication bans and restrictions imposed “under this article and Press Law No. 5187”. A contravention of a ban arising under the Press Law therefore triggers the same ladder.
National security grounds are covered in the national security guide and appeal routes in the appeal guide.