The short answer is as a rule no in criminal terms; the picture is different in damages. Separating the two regimes is the key to answering this question correctly.
Criminal liability: staged
Article 11(2) of Law No. 5187: “The author of the work is liable for offences committed through periodicals and non-periodical publications.” The editor-in-chief enters the picture only where one of the situations in Article 11(3) arises.
The text of Article 11(3): “Where, in periodicals, the author of the work is not known, lacks criminal capacity at the time of publication, or is abroad and so cannot be tried in Turkey, or where the sentence to be imposed would not affect a sentence to which the author has been finally convicted for another offence, the responsible editor and the publishing director, editor-in-chief, editor, press adviser and similar official to whom the responsible editor reports shall be liable.”
| Situation | Who is criminally liable |
|---|---|
| The piece is signed and the writer is in Turkey and triable | The writer (author of the work) |
| The piece is unsigned or the author is not known | The responsible editor and the official above them, including the editor-in-chief |
| The writer is abroad and cannot be tried in Turkey | The same |
| The writer lacks criminal capacity | The same |
| Published despite the responsible editor’s objection | The person who caused publication |
Liability in damages: joint and several
Here the picture changes entirely. Article 13 of Law No. 5187: for pecuniary and non-pecuniary damage arising from acts committed through printed works or online news sites, in periodicals “the author of the work together with the owner of the publication and their representative, if any, … shall be jointly and severally liable”.
Article 13(2) widens the scope: the provision “shall also apply to natural or legal persons who, in periodical or non-periodical publications, are the owner of the publication, the owner of the trade mark or licence, the lessor, the operator or who publish in any capacity or act as publisher. Where the legal person is a company, the chair of the board in joint stock companies and the most senior manager in other companies shall be jointly and severally liable with the company.”
| Criminal liability | Liability in damages | |
|---|---|---|
| Basis | Law No. 5187, Art. 11 | Law No. 5187, Art. 13 |
| Structure | Staged — the author of the work first | Joint and several |
| Editor-in-chief | Only in the listed cases | Directly, where they hold the capacity of owner or representative |
| Company officer | Not separately named in the Law | Chair of the board in a joint stock company; most senior manager in others |
The objection defence
The closing sentence of Article 11(3) leaves an exit: “However, where such a work is published despite the objection of the responsible editor and of the official to whom the responsible editor reports, the liability arising therefrom shall rest with the person who caused it to be published.”
Article 26(3) of Law No. 5187 also regulates the procedure: “In respect of an action to be brought against the person who caused publication of a work alleged to have been published despite the objection of the responsible editor and of the official to whom the responsible editor reports, the period runs from the date on which the judgment of acquittal in respect of the responsible editor and that official becomes final.”
Broadcasting has a different scheme
In broadcasting services liability is determined by Article 46 of Law No. 6112: “Liability arising from a broadcast belongs to the responsible editor together with the person directing the broadcast or making the programme.” There liability is joint from the outset rather than staged. We set out that scheme in the broadcast liability guide.
Column liability is covered in the column guide and the responsible editor’s exposure in the responsible editor guide.