The question produces two different answers in two different regimes: on the press card side and on the official announcement staffing side.
The Press Card Side: The Owner Is Counted Separately
The quota articles of the Regulation count the owner and the employees separately. Art. 27/2-a, for instance: press cards are issued to the licence holder or representative of the legal person of internet news sites with four employees insured under Law No. 5953, together with four employees.
In the title lists too, the licence holder or representative of the legal person appears first, as a separate title (Arts. 19/1-a, 27/1-a).
Conditions Not Applied to Owners
Art. 8/2 removes two conditions for owners: for owners of periodicals or representatives of legal persons and for board chairs of radio and television outlets, the conditions in subparagraphs (f) and (g) of the first paragraph are not sought.
| Subpara. | Content | Sought from an owner? |
|---|---|---|
| (f) | A contract conforming to Law No. 5953 + working without a break of more than one month | Not sought |
| (g) | Not engaging in commercial activity outside media activity | Not sought |
| (a)-(e) | Age, education, incapacity and criminal conditions | Sought |
The Official Announcement Side: Partners Cannot Be on the Staff
Here the picture is clear. Press Advertising Agency General Assembly Principle Decision No. 171 of 25/05/2005 (Official Gazette 07/06/2005-25838) provides that, at newspapers holding or seeking the right to publish official announcements, where the licence holder and/or publisher is a legal person, the following may not appear on the minimum journalist staff:
- Partners of general partnerships
- Both active and limited partners of ordinary limited partnerships
- Partners of limited liability companies
- Active partners of partnerships limited by shares
- Partners of shipping partnerships
- Founding partners of joint stock companies and partners who are board members
The decision also gives its reason: because the persons listed are treated as insured persons subject to Law No. 1479 under Art. 24 of that Law, they cannot be shown on the staff.
One More Condition: No Work Outside the Staff Duty
Art. 20/2 of General Assembly Decision No. 67 requires those to be included in the minimum staff not to do any work requiring physical activity - even partly - outside their staff duty, and to reside in the place where the newspaper they work for is published.
The Two Regimes Side by Side
| Issue | Press card | Official announcement minimum staff |
|---|---|---|
| Owner / partner | May obtain a card as a separate title | Cannot be shown on the staff (Agency Decision No. 171) |
| Quota | The owner counts additionally | The owner is not included in the staff |
| Basis | Reg. Arts. 19, 27; Art. 8/2 | Agency GA Decision No. 67 Art. 20; Principle Decision No. 171 |
| Authority | Directorate of Communications | Press Advertising Agency |
Summary
- On the press card side the licence holder is a separate title and counts on top of the quota.
- Owners are not subject to the contract and commercial activity conditions.
- Whether the same person may also draw on the employee quota does not follow from the text - confirm before applying.
- On the official announcement side, partners cannot be shown on the minimum journalist staff under Principle Decision No. 171.