The critical distinction is not whether the publication is corporate but whether it is a printed work published at particular intervals.
Does It Fall Within the Definition?
Law No. 5187 Art. 2(c): a periodical means printed works such as newspapers and magazines published at particular intervals, together with the publications of news agencies and internet news sites.
| Measure | In a corporate bulletin |
|---|---|
| Is it a printed work? | Yes if it is printed or reproduced (Art. 2/a) |
| Is it published at particular intervals? | Yes if it appears regularly |
| Is it offered to the public? | Art. 2/b: publication is the offering of a printed work to the public in any way |
Public Institutions May Own Periodicals
Art. 6 leaves no doubt: natural and legal persons and public institutions and organisations may own a periodical. So a public institution publishing is something the Law contemplates.
Provisional Art. 2 confirms it: the representatives and responsible editors of periodicals being published by public institutions and organisations before the Law entered into force were to bring the printing and publication of the periodical into conformity with the provisions of this Law within six months.
There Is One Exception: Mandatory Information
The last sentence of Art. 4/1 contains a narrow exception: this provision does not apply to announcements, tariffs, circulars and the like.
The Obligations
For a bulletin or house magazine falling within the definition:
- Declaration - to the public prosecutor's office for the place of management (Art. 7)
- Responsible editor - must meet the six conditions in Art. 5
- Representative - under legal person or public institution ownership the Art. 5 conditions apply to the representative too (Art. 6)
- Imprint - the place of management, owner, representative, responsible editor and publication type (Art. 4)
- Delivery - the printer gives two signed copies to the prosecutor's office on the day of distribution (Art. 10)
- Reply and correction - Art. 14
The Liability Side
The final paragraph of Art. 11 is a reminder: the above provisions also apply to publications made without complying with the conditions required by this Law in respect of periodicals and non-periodicals. So a bulletin without a declaration does not fall outside the liability regime.
Borderline Cases
Summary
- A bulletin or house magazine published at particular intervals and offered to the public is a periodical and subject to all the obligations, including the declaration.
- Public institutions and organisations may own periodicals under Art. 6.
- The "announcements, tariffs, circulars" exception in Art. 4 concerns only the imprint duty and is construed narrowly.