Three separate areas of law come into play at once when a story is produced: using someone else's content (copyright), processing people's data (personal data) and obtaining information from the administration (freedom of information). This guide gathers all three under thirty headings.

Three Areas, Three Questions

AreaIts questionCore legislation
CopyrightMay I use someone else's content?Law No. 5846 + Law No. 5187 Art. 24
Personal dataMay I process this person's data?Law No. 6698 + Law No. 5187 Art. 21
Freedom of informationMay I request this from the administration?Law No. 4982

2. Copyright: Images and Agency Content

3. Personal Data: The News Side

There is a firm prohibition that operates independently of the exemption debate. Art. 21 of Law No. 5187 punishes publications disclosing, or leading to the recognition of, identities in these cases: of the persons concerned in reports on sexual relations between persons prohibited from marrying under the Civil Code, of victims in reports on the offences listed in the article, and of offenders or victims under eighteen. The penalty starts from a higher base for regional and national periodicals and internet news sites.

4. Personal Data: The Reader Side

5. Freedom of Information: The Application

StagePeriodArticle
The body's response - the general rule15 working daysArt. 11
Where it comes from another unit / another body's opinion is needed30 working daysArt. 11
Objection to the Board15 daysArt. 13
The Board's decision period30 working daysArt. 13
The body's annual reportTo the Board by the end of FebruaryArt. 30
The Board's general reportTo Parliament by the end of AprilArt. 30

An application is made by a petition containing name, surname, signature and place of residence or business address, and may also be made electronically (Art. 6). The Law applies to public institutions and organisations and to professional organisations having the character of public institutions.

6. Freedom of Information: The Exceptions

ExceptionMeasureArticle
State secretsClassified information that would harm State security, foreign relations, national defenceArt. 16
Criminal investigationDisclosure would lead to an offence or endanger questioningArt. 20
Private lifeHealth information; personal information constituting an unjustified interference with honour and dignity - in the public interest it may be disclosed with 7 days' notice and written consentArt. 21
Trade secretsInformation treated as a trade secret by the laws or commercial and financial information given in confidenceArt. 23
Declassified documentsBecomes open if it does not fall within the other exceptionsArt. 28

7. A Risky Area: The Leaked Document

Art. 12 of Law No. 5187 provides a strong safeguard: the owner of a periodical, the responsible editor and the author of the work cannot be compelled to disclose their news sources of any kind, including information and documents, or to give evidence on the matter. Art. 28 of the Constitution, by contrast, provides for liability of those who write, have printed, print or pass on to others news or writing concerning State secrets.

Other Main Guides

GuideScope
journalist-employment-rights-turkeyThe Law No. 5953 regime: contract, wages, leave, notice and severance
starting-a-media-outlet-in-turkeyDeclaration, imprint, responsible editor, delivery, archive, licensing
turkish-press-card-guideCard types, conditions, commission, quotas, cancellation
turkish-media-ancillary-legislation-mapLegal deposit, printing houses, elections, service, the levy, transmission, advertising
legal-limits-of-news-reporting-turkeyPersonality rights, reply and correction, and the limits on publication