The most common mistake in a story involving a child is assuming that hiding the name is enough. The measure in the Law is far broader.
The Text of the Prohibition - Art. 21 of Law No. 5187
Article 21, headed "Non-disclosure of identity", brings a prohibition in periodicals for three groups of person:
| Subpara. | Who |
|---|---|
| a | In news concerning sexual relations between persons whose marriage is prohibited under Turkish Civil Code No. 4721 of 22.11.2001, those persons |
| b | In news concerning certain offences listed in the penal code, the victims |
| c | Offenders or victims of an offence who are under eighteen years of age |
Those who publish in a way that will disclose the identity of, or lead to the recognition of, those persons are punished by a fine.
The Measure: "In a Way That Will Lead to Their Recognition"
Subparagraph (c) Covers Both Offenders and Victims
The text says "offenders or victims of an offence". So a suspect or accused under 18 also benefits from that protection - not only victims.
The Penalty
Art. 21: those who publish in that way are punished by a heavy fine of from one billion lira to twenty billion lira. That penalty may not be less than two billion lira for regional periodicals and ten billion lira for widely distributed periodicals and internet news sites.
The Neighbouring Provision: Art. 20
Article 20, headed "Sexual assault, murder and incitement to suicide": those who publish writings and pictures on those events that exceed the limits of giving news and are of a nature that may incite the reader to such acts are punished within the same range of penalty.
The Counterpart in Broadcasting - Law No. 6112
Child protection in radio and television is in the broadcasting service principles of Law No. 6112. Art. 8/2: programmes containing content that may harm the physical, mental or moral development of children and young people may not be broadcast at times when they may watch, even if a protective symbol is used.
Another principle in the same article concerns reporting directly: no one may be declared guilty or shown as if guilty unless their guilt has become final by a judicial decision.
We cover the Law No. 6112 regime in the RTUK guide.
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 of limitation the protection of the reputation or rights and the private and family life of others.
We cover the detail in the Art. 41 guide and the personality rights guide.
An Editing Checklist
- Is there an offender or victim under 18 in the story?
- Have the identity details, including name, surname and initials, been removed?
- Have location details such as the school, class, neighbourhood and workplace been removed?
- Do the names of parents and close relatives appear in the story?
- Are the face, silhouette, clothing, house and number plate recognisable in the photograph and video?
- If there is an audio recording, has the voice been altered?
- Does the story contain an inciting narrative? (Art. 20)
- If it is a broadcasting service, are the time slot and the protective symbol appropriate?
Summary
Art. 21 of Press Law No. 5187 prohibits publication in periodicals in a way that will disclose the identity of, or lead to the recognition of, offenders or victims of an offence who are under eighteen years of age. The prohibition covers not only giving a name but every detail that would enable recognition. The penalty is tied to a higher floor for widely distributed periodicals and internet news sites.