One of the oldest pieces of press legislation still in force in Turkey is still doing its work: Law No. 1117 of 21/6/1927 on the Protection of Minors from Harmful Publications. The Law establishes two separate regimes - decision-stamp-envelope for one group of publications and a direct publication prohibition for another. This guide gathers eighteen headings in one place.
Two Regimes
| The Art. 4 regime | The additional Art. 2 regime | |
|---|---|---|
| Which publications? | Periodicals appearing at intervals of more than a month and printed works such as books | Periodicals appearing at intervals of less than a month and their supplements; posters, advertisements, photographs, prints, postcards, calendars |
| A Board decision | Required - Art. 2/1 | Not provided for in the article - a direct prohibition |
| Consequence | The stamp, the envelope, display, transport and advertising prohibitions | No publication may be made |
| Sanction | Art. 7 - a fine | A direct reference to the penal code |
| Fund levy | Yes - additional Art. 1 (25% / 40%) | No |
| Sending copies | Yes - Art. 8 | Yes - Art. 8 |
1. The Law and the Board
- law-no-1117-and-the-definition-of-harmful-publication-turkey
- the-board-for-the-protection-of-minors-from-harmful-publications-turkey
- how-the-harmful-publications-board-examines-a-publication-turkey
- the-science-and-art-exception-in-harmful-publications-turkey
Article 1: periodicals and other printed works found to have a harmful effect on the morals of those under 18 are subjected to limitations. Article 2: a Board decision is required for a limitation to arise; in its examination the Board is obliged to have regard to the general aims and basic principles in Basic Law of National Education No. 1739. Article 6: works possessing intellectual, social, scientific and aesthetic value are outside the scope of the Law.
2. Obligations After a Decision
- measures-applied-after-a-harmful-publication-decision-turkey
- sealed-envelope-sale-and-the-harmful-to-minors-stamp-turkey
- can-a-harmful-publication-be-advertised-in-turkey
- is-a-voluntary-18-label-enough-in-turkey
| Step | What happens? | Article |
|---|---|---|
| 1 | The Board gives a harmful publication decision | Art. 2/1 |
| 2 | The decision is notified to the owners, responsible editors and copyright holders under the provisions of the Notification Law | Art. 4/1 |
| 3 | The stamp "Harmful to minors" is applied to the front cover - in a form and size that anyone can easily see and read | Arts. 4/2, /3 |
| 4 | Five prohibitions come into play: open stalls and itinerant sale, display, open transport and orders, advertising, and giving to minors and bringing into schools | Art. 4/4 |
| 5 | Sale only to those over 18, in an envelope or bag whose interior cannot be seen | Art. 4/5 |
| 6 | Dealers and sellers comply with the same limitations from the date of announcement | Art. 4/6 |
| 7 | Where three decisions have been given, subsequent issues are subject to the limitations without the need for a further decision | Art. 4/7 |
3. Financial and Procedural Obligations
- the-mass-housing-fund-levy-on-harmful-publications-turkey
- the-duty-to-send-a-copy-to-the-harmful-publications-board-turkey
- the-ban-on-reporting-a-pending-harmful-publications-examination-turkey
| Obligation | Content | Article |
|---|---|---|
| The fund with a voluntary stamp | 25% over the total sale price including VAT - within one month of the date of putting on the market | additional Art. 1/a |
| The fund with a Board decision | 40% over the total sale price including VAT of the print run - within one month of the date of notification | additional Art. 1/b |
| If not paid | Law No. 6183 on the Procedure for the Collection of Public Receivables | additional Art. 1 |
| Sending copies | Two copies of each issue, on the working day following publication, against a receipt, to the Board Chairmanship | Art. 8 |
| The reporting ban | No publication may be made to the effect that a work is under examination and will be restricted | Art. 10 |
4. Sanction and Adjudication
- penalties-under-the-harmful-publications-law-turkey
- the-two-month-period-in-harmful-publication-cases-turkey
- objecting-to-a-harmful-publications-board-decision-turkey
Article 7 punishes three groups of act: publishing unstamped; sale, display, transport, advertising and bringing into schools contrary to the limitations; and sale without an envelope or with an envelope contrary to the procedure. In the event of repetition of the offence the maximum limit of the penalty is applied. Additional Article 3: cases arising from the offences written in this Law are concluded within two months at the latest.
The Law establishes no separate authority for objecting to a Board decision; the only express route in the text is Art. 4/7 - an application to the Board claiming that the subsequent issues of works in respect of which three decisions have been given are not harmful.
5. Reporting on Children and the Other Legislation
- publications-outside-the-harmful-publications-law-additional-article-2-turkey
- rules-for-film-posters-and-postcards-turkey
- identity-and-image-rules-in-reporting-on-children-turkey
- risk-checklist-for-publishing-content-involving-children-turkey
| Statute | Provision | Its essence |
|---|---|---|
| 1117 | Art. 1, Art. 4, additional Art. 2 | The harmful publications regime |
| 5187 | Art. 21 | The prohibition of publication disclosing the identity of, or leading to the recognition of, offenders or victims of an offence under eighteen |
| 5187 | Art. 20 | The prohibition of incitement to sexual assault, murder and suicide |
| 6112 | Art. 8/2 | Programmes that may harm the development of children and young people may not be broadcast at times when they may watch, even if a protective symbol is used |
| 6112 | Art. 8/3 | The obligation in on-demand broadcasting services to present them in a way children will not, under normal conditions, hear or see |
The Constitutional Ground
Art. 41 of the Constitution (Added paragraph: 7/5/2010-5982/4): the State takes measures protecting children against all kinds of abuse and violence. Art. 26/2, in turn, lists among the grounds for limiting press freedom the protection of the reputation or rights and the private and family life of others. Art. 27 is the constitutional counterpart of the science and art exception in Art. 6 of Law No. 1117.
We cover the detail in the constitutional guide.
Other Main Guides
| Guide | Scope |
|---|---|
| turkish-press-card-guide | Card types, conditions, commission, quotas, cancellation |
| journalist-employment-rights-turkey | The Law No. 5953 regime: contract, wages, leave, notice and severance |
| starting-a-media-outlet-in-turkey | Declaration, imprint, responsible editor, delivery, archive, licensing |
| turkish-media-ancillary-legislation-map | Legal deposit, printing houses, elections, service, the levy, transmission, advertising |
| copyright-data-protection-and-access-to-information-in-turkish-news | Quotation, source attribution, reader data and freedom of information |
| turkish-news-agencies-and-support-legislation | Agency conditions, Anadolu Agency, the Promotion Fund and the 2018 alignment package |
| working-as-a-foreign-journalist-in-turkey | Work permits, residence, card types, the letter of introduction, customs |
| the-turkish-directorate-of-communications-organisation-and-powers | Presidential Decree No. 14, the service units, 19 regional directorates, CIMER and the personnel regime |
| the-constitutional-basis-of-press-freedom-in-turkey | Arts. 13, 22, 25-32, 41, 90, 133 and 148 of the Constitution |