There is no single authority imposing penalties in press legislation. The first step in finding the route of objection is reading correctly who imposed the penalty.
An Administrative Penalty or a Judicial One?
| Measure | Administrative fine | Judicial fine |
|---|---|---|
| Who imposes | The administration - a regional director, a civil administrator, a supreme council | A court |
| How it arises | By an administrative sanction decision | By a judgment following a trial |
| Examples in the press field | Law No. 5953 Art. 30, Law No. 6279 Art. 10, the Law No. 6112 penalties | Law No. 5187 Arts. 15, 16, 17, 18, 20, 21, 23, 24 |
| Route | The application route in the Misdemeanours Law | The provisions of criminal procedure |
A Safeguard in Law No. 5187
Art. 28 sets an important limit: apart from the offences in Arts. 18 and 22, fines imposed for the offences provided for in this Law cannot be converted into custodial sentences.
So penalties such as an imprint breach (Art. 15) or the delivery duty (Art. 17) cannot be converted into imprisonment. The exception is two articles: Art. 18 (not complying with correction and reply decisions) and Art. 22 (preventing publication, distribution or sale).
The Graduated Structure of RTUK Penalties
Law No. 6112 sets up a graduated chain for breaches of the broadcasting service principles: where a breach is repeated within one year, broadcasting is suspended for up to five days; on a second repetition for up to fifteen days; and on a third repetition the broadcasting licence is revoked.
We cover the fine calculation in the RTUK fine guide.
Why Do the Amounts Differ from the Text?
Summary
- Different authorities impose the penalties in press legislation: regional directors, civil administrators, the Supreme Council and courts.
- The penalties in Law No. 5187 are judicial fines and follow the criminal procedure route.
- Administrative fines follow the application route in the Misdemeanours Law; confirm the period and procedure from the official text and with a lawyer.