Art. 5 of Law No. 5187 leaves no room for doubt: "Every periodical has a responsible editor."
For Whom Is It Mandatory?
The phrase "every periodical" is tied to the definition in Art. 2. Because internet news sites were added to that definition by Law No. 7418:
| Publication | Responsible editor mandatory? |
|---|---|
| Newspaper | Yes |
| Magazine (periodical) | Yes |
| News agency publication | Yes |
| Internet news site | Yes - by Law No. 7418 |
| Non-periodical (a book and so on) | The article is drafted for periodicals |
More Than One Responsible Editor
The same article allows a multiple structure: where there is more than one responsible editor, the section each is responsible for is stated.
What If the Responsible Editor Leaves?
The final paragraph of Art. 8 fills the gap: where the responsible editor leaves that post, responsibility rests with the owner of the publication or their representative until a new one is appointed.
Notifying the Change
A change of responsible editor is a change in the content of the declaration. Under Art. 8/2 it is notified to the same authority within two weeks, with the necessary documents, by a new declaration.
The imprint must also be updated: Art. 4 requires the responsible editor's name to be shown on a periodical, and leaving the old name in the imprint constitutes the act of "showing contrary to the truth" in Art. 15.
The Responsible Editor's Burden
This is not a formality; the Law attaches concrete burdens to the role:
| Burden | Article |
|---|---|
| Criminal liability - where the author is not known | Art. 11 |
| Publishing a correction and reply | Art. 14 |
| Responsibility for the information in the imprint | Art. 15 |
| The delivery and retention duty on an internet news site | Art. 17 |
| Failure to comply with correction and reply decisions | Art. 18 |
| Service of process - the place of management counts as the place of residence | Art. 29 |
If They Are a Member of Parliament
The final paragraph of Art. 5 governs a special case: where the responsible editor is a member of the Grand National Assembly of Turkey, a deputy editor is appointed to assume the responsible editorship. The provisions of the Law concerning the responsible editor also apply to the deputy who assumes the responsibility.
We deal with the conditions required of a responsible editor in the conditions guide and with the limits of criminal liability in the criminal liability guide.
Summary
- Every periodical - newspaper, magazine, news agency and internet news site included - must have a responsible editor.
- More than one may be appointed, but the section each is responsible for must be stated.
- When the responsible editor leaves, responsibility passes to the owner, and the change is notified by declaration within two weeks.