Art. 5 of Law No. 5187 lists six conditions for being a responsible editor. They are sought together; the absence of one creates a deficiency in the declaration chain.
The Six Conditions
| # | Condition | Subpara. |
|---|---|---|
| 1 | Having completed eighteen years of age | a |
| 2 | Having a place of residence in Turkey and residing there permanently | b |
| 3 | Having graduated from at least a secondary education institution or its equivalent | c |
| 4 | Not being under legal incapacity or barred from public service | d |
| 5 | Not having been convicted of disgraceful offences | e |
| 6 | For those who are not Turkish citizens, the condition of reciprocity | f |
The Third Condition: Education
The Law asks for at least secondary education or its equivalent. That differs from the condition required for a press card: Additional Art. 3 of Law No. 5187 requires graduation from at least a high school or an equivalent institution for a press card application.
The Sixth Condition: Foreigners
The Law does not prohibit foreigners from being responsible editors; it requires reciprocity. That is, it looks at whether the same opportunity is granted to Turkish citizens in the country of which the person is a national.
The Same Conditions for the Owner and the Representative
Art. 6 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 their legal representative and, where the owner is a legal person, of the representative of the legal person.
| Who | Are the conditions sought? |
|---|---|
| The responsible editor | Yes - Art. 5 |
| The legal representative of a minor or incapable owner | Yes - Art. 6 |
| The representative of a legal person owner | Yes - Art. 6 |
| An adult natural person owner under no incapacity | The article seeks no separate condition |
The Conditions Must Be Proved
Art. 7 requires documents showing the existence of the conditions written in Arts. 5 and 6 to be annexed to the declaration. In practice that means identity, residence, diploma and criminal record documents.
If a Condition Is Missing
Art. 8 comes into play: where the owner, the representative or the responsible editor does not meet the conditions in Arts. 5 and 6, the prosecutor's office requests within two weeks that the deficiency be cured; if it is not, suspension of publication is sought from the criminal court of first instance. For internet news sites the outcome is not suspension but a finding that the site status has not been acquired.
The Special Case of a Member of Parliament
The final paragraph: where the responsible editor is a member of the Grand National Assembly of Turkey, a deputy editor is appointed to assume the responsible editorship, and the provisions of the Law concerning the responsible editor also apply to that deputy.
Summary
- Six conditions are required: being 18, having a place of residence in Turkey and residing there permanently, secondary education, no incapacity or debarment, no conviction for disgraceful offences, and reciprocity for foreigners.
- The same conditions apply to the representative of a minor or legal person owner.
- The documents are annexed to the declaration under Art. 7.