The short answer is no. This is one of the clearest guarantees in the Press Law and it is stated in a single sentence.
The provision: Article 12 of Law No. 5187
“The owner of a periodical, the responsible editor and the author of the work may not be compelled to disclose their news sources of any kind, including information and documents, or to give evidence on that matter.”
Four elements of the guarantee
| Element | Scope |
|---|---|
| Who | The owner of a periodical, the responsible editor and the author of the work |
| What | News sources of any kind, “including information and documents” |
| Against what compulsion | Compulsion both to disclose and to give evidence |
| Against whom | The provision draws no distinction as to the addressee |
The phrase “including information and documents” matters: the guarantee covers not only the name of a source but information and documents capable of leading to one.
Online news sites are covered
Article 2(c) of Law No. 5187 was amended by Law No. 7418 of 13 October 2022 and online news sites were added to the definition of a periodical. Article 2(m), added by the same Law, defines an online news site as “a periodical established and operated for the purpose of presenting written, visual or audio content in the nature of news or comment at regular intervals in the internet environment”.
The owner, responsible editor and author of the work of an online news site are therefore within the Article 12 guarantee.
The relationship with professional secrecy
Article 46 of the Criminal Procedure Code lists those who may refuse to give evidence by reason of their profession or continuing occupation: lawyers (and their trainees and assistants), physicians and other members of the medical professions, financial advisers and notaries. Journalists are not on that list.
The journalist’s guarantee comes not from Article 46 CPC but from Article 12 of Law No. 5187. That distinction matters in practice: source protection rests on a special statutory provision and is limited by its scope.
What the guarantee does not cover
Article 12 protects the source; it does not remove liability arising from the publication. If the content of a report constitutes an offence, not being obliged to disclose your source does not relieve you of that liability. Who is liable is determined by Article 11 of Law No. 5187.
The chain of liability
Under Article 11 of Law No. 5187 the author of the work is liable as a rule for offences committed through periodicals. Where the author is not known, lacks criminal capacity at the time of publication, is abroad and so cannot be tried in Turkey, or where the sentence to be imposed would not affect a sentence already finally imposed for another offence, liability passes to the responsible editor and the official to whom they report.
The limits of protection are covered in the source limits guide and off the record material in the off the record guide.