Art. 6 of Law No. 5187 keeps the door wide: natural and legal persons and public institutions and organisations may own a periodical.
Three Categories
| Owner | Possible? | Additional condition |
|---|---|---|
| Natural person | Yes | Where under eighteen or under incapacity, the Art. 5 conditions apply to the legal representative |
| Legal person | Yes | The Art. 5 conditions apply to the representative of the legal person |
| Public institution or organisation | Yes | - |
The Conditions Sought in the Representative
The second sentence of the article makes the connection: where the owner of a periodical is under eighteen or under legal incapacity, the conditions specified in the second paragraph of Art. 5 are also sought in respect of the legal representative and, where the owner is a legal person, of the representative of the legal person.
- Having completed eighteen years of age
- Having a place of residence in Turkey and residing there permanently
- Having graduated from at least a secondary education institution or its equivalent
- Not being under legal incapacity or barred from public service
- Not having been convicted of disgraceful offences
- For those who are not Turkish citizens, the condition of reciprocity
The Document to Be Annexed
Art. 7 requires a further document: where the owner of the publication is a legal person, a copy of its articles of association, memorandum or foundation deed is annexed to the declaration.
| Type of legal person | Document to annex |
|---|---|
| Joint stock / limited liability company | A copy of the memorandum |
| Association | A copy of the articles |
| Foundation | A copy of the foundation deed |
Company Officers in Civil Liability
Art. 13 sets up a chain. For the material and moral damage arising from acts committed through printed works or internet news sites, in periodicals the author of the work and the owner of the publication and, where there is one, the representative are jointly and severally liable.
The Article Covers a Wide Ring
The second paragraph of Art. 13 widens the scope: this provision also applies to natural or legal persons who, in periodicals or non-periodicals, are the owner of the publication, the trade mark or licence holder, the lessor, the operator or who publish in any capacity or act as publishers.
The Press Card Side
Additional Art. 2 of Law No. 5187 lists, among those who may be issued a press card, the owners of periodicals or the representatives of legal persons, and the board chairs of radio and television outlets. So under legal person ownership the card right attaches to the representative.
Summary
- The owner of a periodical may be a natural person, a legal person or a public institution.
- Under legal person ownership the six conditions in Art. 5 are sought in the representative, and the memorandum, articles or foundation deed is annexed to the declaration.
- Company ownership does not remove personal liability: Art. 13 holds the board chair, or in other companies the most senior manager, jointly and severally liable.