Yes, directly. The second paragraph of Additional Article 6 of Press Law No. 5187 ties a breach of the press ethics principles into the press card regime and provides for two outcomes: a warning, or cancellation of the card.
What the Provision Says (Add. Art. 6/2)
The article reads: where a press card holder engages in conduct contrary to the press ethics principles determined under Article 49 of Law No. 195 of 2/1/1961 on the Establishment of the Press Advertising Agency, the Commission may, having regard to the nature of the breach, warn the card holder or decide to cancel the press card. The procedures and principles on this are determined by regulation.
| Element | Content |
|---|---|
| Who decides | The Press Card Commission |
| On what measure | Having regard to the nature of the breach |
| Possible outcomes | A warning, or cancellation of the press card |
| Procedures and principles | Determined by regulation |
The phrase "having regard to the nature of the breach" matters: the sanction is not automatic, a proportionality assessment is made. Not every breach results directly in cancellation; a warning is also an option.
The Consequence of Cancellation: One Year (Add. Art. 7/1)
The first paragraph of Additional Article 7 governs the consequence: where a press card is cancelled under the second paragraph of Additional Article 6, no new press card is issued until one year has passed from the date the card was returned.
Comparison with the Other Cancellation Grounds
The first paragraph of Additional Article 6 provides a separate ground: where it emerges that a card holder does not have, or has subsequently lost, the qualities in Additional Article 3, the card is cancelled by the Directorate.
| Ground of cancellation | Decided by | Consequence |
|---|---|---|
| Absence or loss of the qualities in Add. Art. 3 (Add. Art. 6/1) | The Directorate | The card is cancelled |
| Conduct contrary to press ethics principles (Add. Art. 6/2) | The Commission | A warning or cancellation; after cancellation, 1 year from return |
The second paragraph of Additional Article 7 adds: no new press card is issued to those who fall foul of subparagraphs (ç), (d) and (e) of the first paragraph of Additional Article 3 unless it is established that action has been taken under Arts. 12 and/or 13/A of Criminal Records Law No. 5352.
The Relationship with the Sanction on the Outlet Side
A breach of press ethics principles produces consequences on two separate legal planes, and they are independent of one another:
- At the level of the person: the holder's card under Add. Art. 6/2 of Law No. 5187 - by a decision of the Press Card Commission.
- At the level of the publication: measures concerning the publication under Art. 49 of Law No. 195 - by a decision of the Board of the Press Advertising Agency.
So even though the basis of the announcement-cutting sanction has been annulled, the effect of a breach of press ethics principles on the press card continues.
Summary
- Conduct contrary to press ethics principles can result in a warning or cancellation of the press card by the Press Card Commission (Law No. 5187 Add. Art. 6/2).
- After cancellation, no new card is issued until one year has passed from the date of return (Add. Art. 7/1).
- This is unaffected by the Constitutional Court's annulment of subparagraph (a) of Art. 49 of Law No. 195; the press card regime has its own statutory basis.
- Social media account content can also be assessed on the outlet side.
Social Media Accounts Are Covered Too
Art. 68/3 of the Official Announcements and Advertisements Regulation separately governs the case where internet news sites benefiting from the announcement-news supplementary indicator breach the press ethics principles in the content of their own social network accounts; in that case a Board decision may withhold the benefit of the supplementary indicator for a period not exceeding 2 months.