The short answer: there is no sanction of closure in Press Law No. 5187. But two different provisions concern that question.
What Is and Is Not in the Law?
| Sanction | Is it in Law No. 5187? | Basis |
|---|---|---|
| Closing a newspaper | No | - |
| Suspension of publication | Yes - only where the declaration is deficient | Art. 8/1 |
| Confiscation / seizure | Yes - limited to the offences listed, by a judge's decision | Art. 25 |
| A ban on distribution and sale | Yes - for publications printed abroad | Art. 25/3 |
| The declaration becoming void | Yes - of its own accord with the passage of time | Art. 9 |
How Does Suspension of Publication Work? - Art. 8/1
Suspension concerns not the content but the declaration. Its conditions:
- The declaration and its annexes not containing the necessary or true information, or
- The owner of the publication, their representative or the responsible editor not having the conditions in Arts. 5 and 6.
| Stage | Authority | Period |
|---|---|---|
| 1 | The Chief Public Prosecutor's Office requests that the deficiency be remedied | Within two weeks of the filing of the declaration |
| 2 | The owner of the publication remedies the deficiency | Two weeks from notification of the request |
| 3 | If it is not remedied the prosecutor's office requests suspension from the criminal court of first instance | - |
| 4 | The court decides | Within two weeks at the latest |
| 5 | The route of urgent objection is open | - |
It Does Not Apply to Internet News Sites
Art. 8 (Added paragraph: 13/10/2022-7418/5): the sanction of suspension of publication governed in the first paragraph is not applied as regards internet news sites.
Instead the prosecutor's office applies to the criminal court of first instance for a determination that the character of an internet news site has not been acquired. If it is accepted, the rights as to official announcements and advertisements and as to the press cards of the employees disappear - but the publication is not suspended.
The Constitutional Framework: Where Is Closure Governed?
Art. 28/8 of the Constitution: periodicals published in Turkey may be temporarily closed by court decision where they are convicted of publications contrary to the indivisible integrity of the State with its territory and nation, to the fundamental principles of the Republic, to national security and to public morals. Any publication clearly bearing the character of a continuation of the closed periodical is prohibited; such publications are seized by a judge's decision.
| Condition | Content |
|---|---|
| Subject | Periodicals published in Turkey |
| Cause | Conviction of the publications listed as contrary |
| Authority | A court decision |
| Character | Temporary closure |
| A publication in the nature of its continuation | Prohibited; seized by a judge's decision |
We cover the detail in the Art. 28 guide.
The Declaration Becoming Void of Its Own Accord - Art. 9
That too is not a closure but it produces a result: if the periodical is not published within one year of the date the declaration was filed, or if publication is interrupted for three years after it has been published, the declaration becomes void and the right it provided disappears.
We cover the detail in the loss of right guide.
The Position Is Different in Broadcasting
The Answer in Summary
- Closing a newspaper: it does not exist as a sanction in Law No. 5187. Art. 28/8 of the Constitution makes temporary closure possible on the condition of conviction and a court decision.
- Suspension of publication: only where the declaration is deficient, by decision of the criminal court of first instance.
- Internet news sites: suspension does not apply; the route of a determination that the character has not been acquired is followed.
- Confiscation and a distribution ban: limited to the offences listed, by a judge's decision (Art. 25).
Summary
There is no sanction of closing a newspaper in Press Law No. 5187. The suspension of publication in the Law is applied only where there is a deficiency in the declaration and in the conditions, and by decision of the criminal court of first instance; it does not apply to internet news sites. Art. 28/8 of the Constitution provides that periodicals may be temporarily closed by court decision where they are convicted of the publications listed as contrary.