This instrument contains both a permission regime and an important freedom for foreign journalists. The two must be kept apart.
The Identity of the Instrument
| Detail | Value |
|---|---|
| Name | The Principles to Which Foreigners Wishing to Carry Out Scientific Research and Study and to Shoot Films in Turkey, or Those Applying on Behalf of Foreigners, and Foreign Press Members Are Subject |
| Council of Ministers Decision | 4/4/1988 - 88/12839 |
| Official Gazette | 29/4/1988 - No. 19799 |
| Note | Added to the Presidential Regulations section under Presidential Decision No. 3746 of 24/3/2021 (Official Gazette 25/3/2021-31434) |
Purpose
Art. 1: the purpose of the Principles is to determine the principles and procedures for permitting the work of foreign natural and legal persons, or Turkish natural and legal persons acting on their behalf, wishing to carry out scientific research, study, archaeological excavation and similar work and to shoot films in Turkey, and to regulate the activities of foreign press members in those matters.
The Area Requiring Permission
Art. 2(a): the Principles cover studies, scientific research and archaeological excavations to be carried out in Turkey on land, in the air, at sea, under the sea, in rivers and lakes on archaeological, historical, geological, sociological and natural subjects, and audio, video and film recording on those subjects.
The Area That Is Free
Art. 2(b) is the most important provision from a journalistic point of view: on all subjects other than the scientific research, study and archaeological excavations specified in paragraph (a), foreign journalists and radio and TV correspondents are free, in places open to the public, to gather news and information, follow events and activities, conduct promotion and interviews, take photographs, and make audio, video and film recordings.
The paragraph continues with support: the facilities that are necessary and possible, including the establishment of permanent and temporary press centres, are provided to assist foreign press members in these matters.
Who Lays Down the Principles?
The same paragraph: the principles to be applied to the work of representatives of press and broadcasting organisations coming to Turkey for that purpose and holding a valid press card are laid down jointly by the Ministry of Foreign Affairs and the Directorate of Communications.
Two Added Paragraphs
- Commercial and documentary film - a subparagraph added by Council of Ministers Decision No. 2003/6270 of 6/10/2003: applications for audio, video and documentary film recording for promotional purposes and for commercial film shooting on subjects other than those in paragraph (a) are subject to the provisions of the Regulation on Producers of Cinema, Video and Musical Works and on Foreigners Wishing to Shoot Films and Co-productions with Foreigners.
- Archive research - a paragraph added by Council of Ministers Decision No. 2002/3632 of 9/1/2002: the principles to be observed in research and study to be carried out in State archives and other archives open to research are separately determined by the Directorate of State Archives.
The Permission Application
Art. 3: applications for permission contain the necessary information about the research or study in question or the film to be shot, the periods and places of work, and the applicant.
The same article also gives an assessment criterion: whether the applicant has published work on the subject of the research or study is taken into account when granting permission.
The Practical Distinction for Journalism
| Activity | Is permission required? |
|---|---|
| Gathering news and information in a place open to the public | No - free |
| Following events, interviews, photographs and video in a place open to the public | No - free |
| Study and research on archaeological, historical, geological, sociological and natural subjects | Yes - prior permission + an escort |
| Archaeological excavation | Yes - prior permission + an escort |
| Audio, video and film recording on those subjects | Yes |
| Documentary and commercial film for promotional purposes | The provisions of a separate Regulation |
| Research in State archives | The principles determined by the Directorate of State Archives |
Summary
- The Principles set up two separate regimes: study, research and excavation on archaeological, historical, geological, sociological and natural subjects, and recording on those subjects, require prior permission and an escort.
- By contrast, gathering news and information, following events, conducting interviews, taking photographs and filming in places open to the public are free.