Article 114 establishes a separate route outside the regime of ending: in serious accusations arising from content or from persons, the right is withheld, but does not end — the decision is taken according to the outcome of the case.
The First Paragraph: Acts of the Publication or Its Owner
Where a criminal case is brought, on account of the content of a periodical concerned with the publication of official announcements or of the acts of the natural or legal persons holding the concession, of the majority of their partners, or of the representative of the legal person if any, for the Offences Against the Constitutional Order and the Functioning of That Order contained in the Turkish Criminal Code No. 5237 or for offences within the scope of the Anti-Terror Law No. 3713 of 12/4/1991, the right of that periodical to publish official announcements and advertisements is withheld by the Board of Directors, on the proposal of the Directorate General, in a manner not exceeding the period stated in Article 49 of Law No. 195.
| Element | Content |
|---|---|
| Whose act | The content of the publication, the natural or legal person holding the concession, the majority of the partners, or the representative of the legal person |
| Which offences | Turkish Criminal Code — Offences Against the Constitutional Order and the Functioning of That Order, or offences within the scope of the Anti-Terror Law No. 3713 |
| Threshold | The bringing of a criminal case — a conviction is not required |
| Proposal | The Directorate General |
| Decision | The Board of Directors |
| Sanction | Withholding of the right to publish official announcements and advertisements |
| Time limit | In a manner not exceeding the period stated in Article 49 of Law No. 195 |
The Decision According to the Outcome of the Case
According to the outcome of the case brought, it is decided under the provisions of this Regulation that there be compensation, set-off, or the ending of the right to publish official announcements and advertisements.
| Outcome of the case | Likely decision |
|---|---|
| Outcome in favour of the publication | Compensation — the value of the announcements that could not be published although the right existed is given |
| Outcome against | Set-off or the ending of the publishing right |
We covered the set-off and compensation mechanism in how set-off and compensation procedures work.
The Second Paragraph: The Intellectual Worker on the Staff
Where a criminal case is brought within the scope of the offences stated in the first paragraph against any of the persons declared on the intellectual worker staff, that person or those persons are removed from the minimum staff within 5 working days from the date of notification, upon the written notice of the Agency, by the periodical to which the written notice is addressed. Otherwise the publishing right of the periodical concerned is suspended under the provisions of this Regulation.
| Step | Content |
|---|---|
| 1 | A criminal case is brought against an intellectual worker on the staff for the offences in the first paragraph |
| 2 | The Agency gives written notice |
| 3 | The publication removes that person or persons from the minimum staff within 5 working days of the date of notification |
| 4 | If it does not, the publishing right is suspended |
The Difference from the Regime of Ending
| Criterion | Art. 113 — ending | Art. 114 — withholding |
|---|---|---|
| Result | The right comes to an end | The right is withheld — for a period |
| Time limit | Permanent | Cannot exceed the period in Art. 49 of Law No. 195 |
| Deciding organ | Under the provisions of the Regulation | Proposal of the Directorate General + decision of the Board of Directors |
| Afterwards | — | Compensation, set-off or ending according to the outcome of the case |
| Repetition | — | Does not prevent action being taken again |
The Link with Art. 49 of Law No. 195
Article 49 of Law No. 195 determines the sanction to be applied and its duration in the case of a breach of the press ethics principles. The period of withholding in Art. 114 cannot exceed that limit. We covered the detail in what the press ethics principles are and whether an announcement withholding decision can be appealed.
Checklist
- Has a written notice arrived from the Agency?
- What is the date of notification of the notice?
- Was the person concerned removed from the minimum staff within 5 working days?
- Was the removal notified over İLANBİS within 3 working days? (Art. 22)
- Has the staff fallen below the minimum number after the removal?
Conclusion
Where a criminal case is brought for Offences Against the Constitutional Order or offences within the scope of Law No. 3713 on account of the content of the publication or of the acts of the holder of the concession, the majority of the partners or the representative of the legal person, the right to publish official announcements and advertisements is withheld by decision of the Board of Directors on the proposal of the Directorate General, in a manner not exceeding the period in Art. 49 of Law No. 195. Where a case is brought against an intellectual worker on the staff for the same offences, that person must be removed from the minimum staff within 5 working days of the notification of the written notice of the Agency; otherwise the publishing right is suspended.