No permission is needed - Art. 29 of the Constitution prohibits making a periodical subject to prior permission or the deposit of financial security, and Art. 7 of Law No. 5187 treats a declaration as sufficient. But student publications have two special points.
First Point: The Responsible Editor Must Be of Age
Art. 5(a) leaves no doubt: to be a responsible editor one must have completed eighteen years of age.
The other conditions required of a responsible editor also apply:
- Having a place of residence in Turkey and residing there permanently
- Having graduated from at least a secondary education institution or its equivalent
- Not being under legal incapacity or barred from public service
- Not having been convicted of disgraceful offences
- For those who are not Turkish citizens, the condition of reciprocity
Second Point: A Minor Owner
Art. 6 governs this specifically: 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.
| Role | Age condition |
|---|---|
| Responsible editor | Must have completed 18 (Art. 5/a) |
| Owner of the publication | May be a minor - the legal representative carries the conditions (Art. 6) |
| Legal representative | Must carry the six conditions in Art. 5 |
| Author of the work | The Law seeks no age condition |
If the School Is a Public Institution
Art. 6 says public institutions and organisations may own a periodical. In a publication issued in the name of a state school the owner is the public institution and the Art. 5 conditions apply to the representative.
Is a Declaration Required?
If the publication falls within the definition of a periodical in Art. 2 - that is, if it is a printed work published at particular intervals and offered to the public - a declaration is required. A one-off yearbook or a work circulating only inside the school may fall outside the definition.
The Printing Method
A publication reproduced on a photocopier at school does not count as a periodical for official announcement purposes under Art. 5 of Agency Decision No. 67 - the decision says that printed matter reproduced on photocopiers and computer printers cannot be treated as a newspaper or magazine, whatever it is called. We cover this in the digital press guide.
Press Freedom Applies to Students Too
Art. 3 is general: the press is free. This freedom includes the rights to acquire and disseminate information, to criticise, to comment and to create works. The article draws no distinction of age or institution.
The liability side is general too: under Art. 11 the author is responsible for offences committed through periodicals; where the author is not known or did not have criminal capacity at the time of publication, the responsible editor and the official they report to are liable.
Summary
- No permission is needed to publish a student newspaper.
- Two special conditions: the responsible editor must have completed 18, and if the owner is a minor the legal representative must carry the Art. 5 conditions.
- If the publication falls within the definition of a periodical, a declaration is filed.