The legal limits a journalist runs into in Turkey are not gathered in one statute. The framework of a single news report is set simultaneously by five separate laws: Press Law No. 5187, Criminal Code No. 5237, Criminal Procedure Code No. 5271, Civil Code No. 4721 and Code of Obligations No. 6098. To these are added Law No. 6112 for radio and television, Law No. 5651 for the internet and Law No. 5395 for children. This page sets out the fifty-five questions the sector asks most often, ordered by the scheme of those laws.
Which Law Governs What
| Law | Scope | Section on this page |
|---|---|---|
| 5187 Press Law | Identity restrictions, the chain of liability, correction and reply, filing deadlines and courts | 1, 5, 6, 7 |
| 5237 Criminal Code | Insult, private life, confidentiality of communications and of investigations, disinformation | 1, 2, 3, 4, 6 |
| 5271 Criminal Procedure Code | Confidentiality of investigations, publicity of hearings, the recording ban in courthouses | 2 |
| 4721 Civil Code | Personality rights and the actions available | 3, 7 |
| 6098 Code of Obligations | Non-pecuniary damages and limitation | 7 |
| 6112 Broadcasting Law | Right of reply on radio and television, publication bans, liability | 5, 8 |
| 5651 Internet Law | Content removal and access blocking | 6 |
| 5395 Child Protection Law | Protecting the identity of children | 1 |
1. Identity, Innocence and Protected Persons
The few absolute prohibitions in the Press Law are gathered here. Article 21 of Law No. 5187 names three groups and leaves no discretion; Article 285 of the Criminal Code protects the presumption of innocence.
- Can you name people in a news report?
- Can you publish a suspect’s photo?
- Can an arrested person be called guilty?
- Can a sexual offence victim be identified?
- Can a child’s face be shown?
- Can a child pushed into crime be named?
- How should suicide be reported?
- Which details cannot be published in a homicide report?
- Is describing criminal methods an offence?
| Protected person | Prohibition | Basis |
|---|---|---|
| An offender under eighteen | Identity may not be disclosed, recognition may not be enabled | Law 5187, Art. 21(c) |
| A victim under eighteen | The same | Law 5187, Art. 21(c) |
| Victims of offences against sexual inviolability | The same | Law 5187, Art. 21(b) |
| Parties in news on sexual relations between persons prohibited from marrying | The same | Law 5187, Art. 21(a) |
| Suspects and defendants | Images may not be published in a manner leading to a perception of guilt | Criminal Code, Art. 285/5 |
2. The Judicial Process and the Courthouse
Most of the rules in this section come from the Criminal Procedure Code, and this is the area most often misunderstood: the recording ban covers not only the courtroom but the whole courthouse building.
- Can you comment on an ongoing trial?
- What does confidentiality of investigation mean?
- Can an indictment be published?
- Can the content of a closed hearing be reported?
- Can you record inside a courtroom?
- Can you film in a courthouse corridor?
| Rule | Content | Basis |
|---|---|---|
| The investigation stage is confidential | Procedural acts are confidential, provided no harm is caused to the rights of the defence | CPC Art. 157 |
| Hearings are public | Publicity is the rule | CPC Art. 182/1 |
| Closure by decision | Where public morals or public security absolutely require it | CPC Art. 182/2 |
| Closure for a child defendant | Where the defendant has not completed eighteen years of age the hearing is closed by operation of law | CPC Art. 185/1 |
| Publication of a closed hearing | May not be published by any means of communication | CPC Art. 187/2 |
| Publication ban in a public hearing | The court may prohibit it to the extent necessary | CPC Art. 187/3 |
| Recording ban | Inside the courthouse building and, once the hearing has begun, in the courtroom; also in judicial acts outside the building | CPC Art. 183 |
| Penalty for unauthorised recording | Up to six months’ imprisonment | Criminal Code, Art. 286 |
3. Recording and Filming in the Field
The provisions here come from the private life chapter of the Criminal Code and the penalties are heavy: most of the disclosure offences carry two to five years’ imprisonment.
- Can a reporter record audio without consent?
- Is hidden camera journalism a crime?
- Can you film in public places without consent?
- Is consent required for street interviews?
- Can a phone call be published without consent?
- Can leaked documents be reported?
| What is protected | Article | Penalty for disclosure | Publication through the press |
|---|---|---|---|
| Communications content (telephone, message, e-mail) | Criminal Code, Art. 132 | 2–5 years’ imprisonment | The same penalty is imposed |
| A non-public conversation | Criminal Code, Art. 133 | 2–5 years’ imprisonment and a judicial fine of up to 4,000 days | The same penalty is imposed |
| Images or sounds relating to private life | Criminal Code, Art. 134 | 2–5 years’ imprisonment | The same penalty is imposed |
4. Accuracy, Sources and Disinformation
Source protection is a strong guarantee but its reach is limited; conversely the offence of “fake news” is far narrower than commonly supposed.
- Must a journalist reveal their source?
- When is source protection not available?
- Can off the record information be reported?
- What happens if you publish unverified news?
- Is fake news a crime?
- What is the penalty for disinformation?
Source protection (Law No. 5187, Art. 12): “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.” Journalists do not appear in the professional secrecy list in Article 46 CPC; the guarantee comes from this special provision.
Disinformation (Criminal Code, Art. 217/A): four elements are required together — (1) the motive of “solely creating anxiety, fear or panic among the public”, (2) the subject matter of internal and external security, public order and general health, (3) the falsity of the information, and (4) public dissemination in a manner apt to disturb public peace. If one is missing the offence is not made out. The penalty is one to three years’ imprisonment, increased by one half where the offender conceals their identity or acts within an organisation.
5. Insult, Criticism and Liability
The definition of insult also fixes where the limit of criticism lies: Article 125 of the Criminal Code names two acts — attributing a concrete act or fact and reviling. Value judgments fall outside both.
- Where is the line between criticism and insult?
- Is there wider latitude for criticising politicians?
- Is a complaint required for insulting a public official?
- If the allegation is true, can you still be punished?
- Can you commit insult against a deceased person?
- Can a cartoon count as insult?
- Who is liable for an opinion column?
- Is the editor-in-chief liable for a columnist’s piece?
- Can journalism lead to a prison sentence?
- Can the responsible editor go to prison?
| Type of liability | Who | Structure | Basis |
|---|---|---|---|
| Criminal — as a rule | The author of the work | Staged | Law 5187, Art. 11(2) |
| Criminal — in four cases | The responsible editor, publishing director, editor-in-chief, editor, press adviser | Staged | Law 5187, Art. 11(3) |
| Criminal — where published despite objection | The person who caused publication | — | Law 5187, Art. 11(3) |
| Damages | Author of the work + owner of the publication + representative | Joint and several | Law 5187, Art. 13 |
| Damages — in a company | Chair of the board in a joint stock company; most senior manager in others | Joint and several | Law 5187, Art. 13(2) |
| Radio and television | The person directing the broadcast or making the programme together with the responsible editor | Joint | Law 6112, Art. 46/1 |
6. Reply, Correction and Content Removal
The right of correction and reply is the most direct tool available without waiting for a court order. The periods vary with the type of publication, and on online news sites the publication period is only one day.
- Can you force a correction to be published?
- What are the right of reply deadlines?
- How long can a reply text be?
- Where must a reply be published?
- What if a reply request is refused?
- What is the penalty for not publishing a reply?
- How does the right of reply work on television?
- How does the right of reply work for online news?
- What can you do if a report is not removed?
- How quickly must a removal order be applied?
- Can an old archived report be removed?
| Type of publication | Request period | Publication | Court application | Basis |
|---|---|---|---|---|
| Daily newspaper | 2 months | 3 days | 15 days | Law 5187, Art. 14 |
| Other periodicals | 2 months | The first issue after three days | 15 days | Law 5187, Art. 14 |
| Online news site | 2 months | 1 day + URL link | 15 days | Law 5187, Art. 14 |
| Private radio and television | 60 days | 7 days — same hour and programme | 10 days | Law 6112, Art. 18 |
| TRT | 7 days | 3 days | 2 days | Law 2954, Art. 27 |
7. Damages and Litigation
Criminal proceedings and damages claims are subject to different periods, different courts and different defendants. All three must be calculated separately.
- How much are damages for press violations of personality rights?
- What is the limitation period for moral damages?
- What is the filing deadline for a press case?
- Which court has jurisdiction over press cases?
- Who do you sue over a news report?
| Type of case | Period | Character | Court |
|---|---|---|---|
| Criminal case | 4 months for daily periodicals and online news sites; 6 months for other printed works | Condition of prosecution — once expired no case can be brought | Assize / criminal court of first instance; chamber number two where there is more than one |
| Damages claim | 2 years from awareness, 10 years in any event; the criminal limitation period where longer | Limitation | The court of the claimant’s or the defendant’s domicile |
| Correction and reply | 2 months / 60 days / 7 days | A period of forfeiture | The criminal judgeship of peace |
For online news sites the period for a criminal case runs not from the date of publication but from the date of the criminal complaint concerning the report (Law No. 5187, Art. 26(2)).
8. Publication Bans
“Publication ban” is not a single institution; it arises from at least three sources, and the scope, duration and route of challenge differ in each.
| Source | Who makes it | Route of challenge |
|---|---|---|
| CPC Art. 187/2 — closed hearing | Arises from the Law; no decision needed | — |
| CPC Art. 187/3 — public hearing | The court hearing the case, to the extent necessary | General provisions of criminal procedure |
| Law 6112, Art. 7/1 — temporary ban | The President, or a Vice-President or minister designated by the President | Directly the Council of State; a stay is decided within 48 hours |
The consequence of breach (Law No. 6112, Art. 7/4): broadcasting of programmes is suspended for 1 day; on repetition within a year for up to 5 days, on a second repetition for up to 15 days, and on a third repetition the licence is revoked. The paragraph covers bans arising under Press Law No. 5187 as well. Breach of the closed hearing prohibition attracts one to three years’ imprisonment or a judicial fine under Article 285/3 of the Criminal Code.
Ten Questions Before Publication
The list below is this page’s fifty-five questions reduced to a newsroom checklist. The answers should be known before a story goes out.
- 1. Is there a person whose identity is protected — a child offender or victim, a sexual offence victim? (Law 5187, Art. 21)
- 2. Does the text or headline present the person as guilty? (Criminal Code, Art. 285/5)
- 3. Are the factual assertions documented, and are the documents kept? (Criminal Code, Art. 127)
- 4. Is there reviling or a humiliating epithet? (Criminal Code, Art. 125)
- 5. How were the recording, document or footage obtained? (Criminal Code, Arts. 132, 133, 134)
- 6. Does the content come from an investigation file? (Criminal Code, Art. 285/1)
- 7. Is the hearing closed, or is there a publication ban? (CPC Arts. 185, 187)
- 8. Has the response of the party concerned been obtained; if not, is that stated?
- 9. Has the public interest been recorded in writing? (Civil Code, Art. 24/2)
- 10. If a correction and reply request arrives, who will track the deadline? (one day on an online news site)
Other master guides
| Guide | Scope |
|---|---|
| RTUK and Broadcasting Questions | Broadcasting service principles, advertising limits, sanctions, licences, elections and TRT — 45 questions |
| Official Announcements in Turkey | Acquiring the right, staffing, content and traffic thresholds, indicators, quota, sanctions and inspection — 50 questions |
| Digital Publishing Questions | Copyright and quotation, content removal, data protection, ad labelling, freedom of information — 44 questions |
| Turkish Press Law: Tools and Templates | Contract and masthead templates, calculators, checklists, glossary and timeline |