Suspension of the publishing right is not an end but a state of abeyance. Article 111 governs how that abeyance is lifted, in four paragraphs.
The Application — Art. 111/1
An examination is carried out upon the signed application of newspapers or internet news sites stating that the breaches which caused the suspension of their publishing rights have been removed.
Inspection Board Supervision — Art. 111/2
Where considered necessary, it may also be decided that supervision be carried out by forming an inspection board in respect of the publishing right. In that case the newspaper or internet news site is obliged to pay the inspection expenses under Article 96 from the notification to it of the decision that supervision be carried out.
Resumption — Art. 111/3
If, upon a determination of the Agency’s own motion, the examination in the first paragraph, or the supervision to be carried out under the second paragraph, the breach which caused the suspension of the publishing right is found to have been remedied, (Amended phrase: Official Gazette 6/3/2024-32481) the publishing right resumes with effect from the date on which the breach was remedied.
| Route of determination | Result |
|---|---|
| Determination of the Agency’s own motion | The right resumes from the date on which the breach was remedied |
| Examination upon application | The same |
| Inspection board supervision | The same |
What Is the Date of Application? — Art. 111/4
The date of the signed application referred to in the first paragraph is the date on which the letter containing the application reaches the records of the Agency.
The Time Limit: 6 Months — Art. 113/1-a
The Extra Period in the General Category: 3 Months — Art. 53/5
(Added: Official Gazette 6/3/2024-32481) — Internet news sites whose publishing right does not resume within 3 months of the notification of the decision suspending the right to publish official announcements in respect of the General Category are removed from the quota table of the General Category.
| Situation | Period | Result |
|---|---|---|
| The publishing right has been suspended | 6 months | If it does not resume, the right comes to an end |
| The General Category right has been suspended | 3 months | If it does not resume, the site is removed from the General Category table |
Afterwards: Set-Off and Compensation
When the right resumes, the official announcements published during the breach are set off, and those that could not be published although the right existed are compensated (Art. 112). We covered the detail in how set-off and compensation procedures work.
Step by Step
- Actually remedy the breach — staff, sales, traffic, delivery, imprint and so on.
- Submit the signed application stating that the breach has been removed to the Agency.
- The date of application is the date on which the letter reaches the records of the Agency.
- Where considered necessary, an inspection board supervision is carried out; you pay the inspection expense.
- If the breach is found to have been remedied, the right resumes with effect from the date on which it was remedied.
- Complete this within 6 months of the notification of the suspension decision.
Conclusion
A suspended publishing right resumes with effect from the date on which the breach was remedied, if the breach is found to have been remedied following the examination carried out upon a signed application stating that the breaches have been removed, a determination of the Agency’s own motion, or an inspection board supervision. If supervision is decided upon, the inspection expenses belong to the publication. If this process is not completed within 6 months of the notification of the suspension decision, the right comes to an end.