Yes, it can - but the conditions split into three by reference to the ground of cancellation, and the differences are large. Art. 38 of the Press Card Regulation sets up three separate regimes.
Three Regimes
| Ground of cancellation | For a new card | Article |
|---|---|---|
| The holder or the outlet losing the conditions | A fresh application once the ground has disappeared - no waiting period | Art. 38/1 |
| Breach of press ethics principles | One year must pass from the date the card was returned | Art. 38/4 |
| Loss of the criminal-record conditions (Art. 8/1-ç, d, e) | It must be established that action has been taken under Arts. 12 and/or 13/A of Criminal Records Law No. 5352 | Art. 38/3 |
1. Loss of a Condition: No Waiting
The final sentence of Art. 38/1 is clear: once the grounds of cancellation have disappeared, the person seeking a press card must apply afresh. No waiting period is provided here.
If, for instance, your card was cancelled because the newspaper you were attached to stopped publishing regularly, you may reapply once it returns to regular publication.
2. Breach of Ethics Principles: One Year
The start of the period is critical: not the date of the cancellation decision but the date the card was returned. Delaying the return delays the start of the one-year period.
The same rule appears in Additional Article 7 of Law No. 5187. We cover the subject in the press ethics guide.
3. Criminal-Record Cases: Conditional
Art. 38/3 sets the strictest regime. No new press card is issued to those who fall foul of subparagraphs (ç), (d) and (e) of Art. 8/1 unless it is established that action has been taken under Arts. 12 and/or 13/A of Criminal Records Law No. 5352.
| Subpara. | Subject |
|---|---|
| (ç) | Not having been convicted of an intentional offence carrying 5 years or more of imprisonment, or of the offences listed in the article |
| (d) | Not having been convicted under Arts. 3, 4 and 6 of Anti-Terror Law No. 3713 or Art. 4 of Law No. 6415 |
| (e) | Not having been convicted of the offences in Art. 25/2 of Law No. 5187 |
So in these cases waiting a period is not enough; the action provided for in the law in respect of the criminal record must have been taken.
A Separate Rule for Lookalike Cards
Under Art. 46, those who have produced or used a card resembling a press card are issued no card until the investigation and/or prosecution is definitively concluded, even if they meet the conditions.
No Application Is Processed Without a Return
Summary
- Where the cancellation was for loss of a condition, you may reapply as soon as the ground disappears.
- Where it was for breach of press ethics principles, one year must pass from the date of return.
- In criminal-record cases, no card is issued unless action under Law No. 5352 is established.
- In every case the old card must be returned before an application is processed.