No. Neither Press Law No. 5187 nor the Press Card Regulation makes doing journalism conditional on holding a press card.
The Legal Character of the Card
Art. 5 of the Press Card Regulation defines it: press cards are official identity documents issued by the Directorate and to be accepted by all public and private institutions.
The Constitutional and Statutory Frame
Art. 3 of Law No. 5187: the press is free. This freedom includes the rights to acquire and disseminate information, to criticise, to comment and to create works.
Art. 28 of the Constitution is to the same effect: the press is free and shall not be censored; Art. 29 provides that publishing a periodical shall not be made conditional on prior permission or the deposit of financial security.
So What Is the Card For?
The card's legal consequences lie elsewhere:
- Official identity. Accepted by all public and private institutions (Reg. Art. 5).
- Press traffic card. May be issued to card holders on request (Reg. Art. 44).
- A measure on the outlet side. Press Advertising Agency decisions and the Regulation contain conditions about keeping journalists on staff who have previously held a press card (e.g. Reg. Art. 16/1-c for news agencies).
- Commission membership. For some seats, having held a card for at least five years is the rule (Reg. Art. 30/2).
Responsibility Exists Without a Card
The Real Obligations Attach to the Publication
The Law imposes duties on the publication, not on the person:
| Obligation | On whom | Article |
|---|---|---|
| Declaration | Periodical | Law No. 5187 Art. 7 |
| Keeping a responsible editor | Periodical | Law No. 5187 Art. 5 |
| Imprint / mandatory particulars | Periodical and printed work | Law No. 5187 Art. 4 |
| Delivery and retention | Printer / responsible editor of a news site | Law No. 5187 Art. 10 |
| Reply and correction | Responsible editor | Law No. 5187 Art. 14 |
So what "being lawful" requires is not a card but the publication meeting these obligations.
Employment Rights Do Not Depend on the Card Either
Art. 1 of Law No. 5953 defines a journalist as a person working for a wage in intellectual and artistic work at the places within its scope; it says nothing about a press card. An employee without a card is therefore still within the Law No. 5953 regime.
Summary
- Doing journalism without a press card is not prohibited; the card is an official identity document, not a licence.
- Art. 3 of Law No. 5187 and Arts. 28-29 of the Constitution set the frame.
- The Law's obligations attach to the publication: declaration, responsible editor, imprint, delivery, reply and correction.
- Liability provisions apply whether or not there is a card.