There are three concepts in press legislation that look close to one another — and all three have separate legal consequences.
1. The Journalist — Press Card Regulation Art. 4/h
Journalist: those working for a wage in intellectual and artistic work within the scope of Law No. 5953 of 13/6/1952 on the Regulation of Relations Between Employees and Employers in the Press Profession, together with those working in the news units of the radio and television organisations established under Law No. 6112 and those working in the news units of the Turkish Radio and Television Corporation.
| Group covered | Criterion |
|---|---|
| Those within the scope of Law No. 5953 | Working for a wage in intellectual and artistic work |
| Radio and television employees within the scope of Law No. 6112 | Working in a news unit |
| TRT employees | Working in a news unit |
2. The Media Member — Art. 4/n
Media member: the employees of radio, television and periodicals who carry out media activity.
3. The Intellectual Worker — Law No. 5953 and the Official Announcement Legislation
The concept of the intellectual worker does not appear in the definitions provision of the Press Card Regulation; it is a concept of Law No. 5953 and of the Official Announcements and Advertisements Regulation.
The Official Announcements and Advertisements Regulation requires publications publishing official announcements to maintain a minimum intellectual worker staff (Arts. 38, 59) and governs the conditions for those to be shown in the staff in Arts. 18–22.
A Comparison of the Three Concepts
| Criterion | Journalist | Media member | Intellectual worker |
|---|---|---|---|
| Basis | Press Card Regulation Art. 4/h | Press Card Regulation Art. 4/n | Law No. 5953 and the Official Announcements and Advertisements Regulation |
| Scope | Those within the scope of Law No. 5953 + those in the news units of radio-TV and TRT | The employees of radio, TV and periodicals who carry out media activity | Employees shown in the staff who satisfy the conditions |
| Which right it concerns | The press card and employment rights | The press card — Art. 7/1-a | The right to publish official announcements |
| Who determines it | The Directorate of Communications / the Press Card Commission | The Directorate of Communications | The Press Advertisement Agency |
The Persons Who May Obtain a Press Card — Art. 7/1-a
Press cards may be given to the Turkish citizen media members of media organisations operating in Turkey.
The Definition of a Media Organisation — Art. 4/m
Media organisation: organisations operating under Law No. 5187 or the Law on the Establishment of Radio and Television Enterprises and Their Broadcasting Services No. 6112 of 15/2/2011.
The Press and Broadcasting Professional Organisation — Art. 4/b
Press and broadcasting professional organisation: the associations, foundations and trade unions formed by the employees, owners, representatives of legal persons or chairs of the boards of directors of media organisations coming together, and the upper organisations they form.
Art. 7/1-f: a press card may also be given to the managers of trade unions and of associations and foundations established to be working for the public benefit, on condition that they operate in the media field.
The Practical Result
- For a press card: the title must be on the list, the person must work in the news field, and they must stay within the quota.
- To be counted in the official announcement staff: a full-time contract complying with Law No. 5953, the wage paid in advance and in full, the work actually done, and the social security and tax accruals.
- The two regimes are separate: an employee without a press card may be counted in the staff, and a person not in the staff may obtain a press card.
We covered the detail in whether a staffer without a press card counts on the payroll and in who counts in the intellectual worker staff.
Conclusion
The journalist (Art. 4/h) is those working for a wage in intellectual and artistic work within the scope of Law No. 5953 together with those working in the news units of radio-TV and TRT. The media member (Art. 4/n) is broader: employees who carry out media activity. The intellectual worker, by contrast, is a concept not defined in the Press Card Regulation but belonging to Law No. 5953 and the official announcement legislation, and is used in calculating the minimum staff.