The answer is yes, but the Law frames the power as an exception and states the opposite first. Article 7/1 provides that even in times of crisis freedom of expression and of receiving news is the basis, that broadcasting services may not be subjected to prior control and that they may not be stopped save by judicial decision. The power comes after that principle.
Article 7/1: two conditions, three office-holders
The exception reads: “However, in cases where national security clearly so requires or in situations where serious disruption of public order is highly probable, the President or a Vice-President or minister designated by the President may impose a temporary publication ban.”
| Element | Content |
|---|---|
| Condition 1 | National security clearly so requiring |
| Condition 2 | Serious disruption of public order being highly probable |
| Who may act | The President, a Vice-President designated by the President, or a minister |
| Measure | A temporary publication ban |
| Limit | No prior control; no stopping save by judicial decision |
The qualifying adverbs matter: “clearly” and “highly probable”. The Law does not treat a mere possibility as sufficient.
The wording on competence was amended by Article 164 of Decree Law No. 703 of 2 July 2018; the same amendment removed the phrase “or of the Government” from Article 7/2.
Judicial review: the Council of State, within 48 hours
Article 7/3: “Actions for annulment against decisions taken pursuant to the first and second paragraphs shall be brought directly before the Council of State. The Council of State shall hear and decide such cases with priority and shall rule on requests for a stay of execution within forty-eight hours.”
The consequence of non-compliance
Article 7/4 sets out the ladder directly: where broadcasting is carried out contrary to publication bans and restrictions, the broadcasting of the undertaking’s programmes is suspended by RTUK for one day and Article 32/4 applies. Within one year, on repetition the broadcasts are suspended for up to five days, on a second repetition for up to fifteen days, and on a third repetition the broadcasting licence is revoked.
The paragraph covers not only Law No. 6112 but also publication bans and restrictions imposed under Press Law No. 5187.
A separate power for TRT: Article 23 of Law No. 2954
For TRT, Article 23 of Law No. 2954 is headed “Prohibition of broadcasts on grounds of national security”: “The President, or a minister designated by the President, is empowered to prohibit a news item or broadcast in cases where national security clearly so requires.”
- It is essential that the prohibition decision be in writing. In urgent cases it may be communicated orally, in which case it must be repeated in writing as soon as possible.
- Where broadcasts not made under the responsibility of TRT are prohibited, the decision is communicated to those concerned within twenty-four hours of its receipt by the Directorate General.
- The first paragraph does not apply to speeches made on behalf of political parties under Articles 52 to 55 of Law No. 298.
The procedure under Article 23 of Law No. 2954
The article sets up its own litigation procedure: in actions for annulment brought before the Council of State against prohibition decisions, service is effected within forty-eight hours of the date of application. The periods for reply and for reply to the reply are ten days each. Following the completion of those periods, judgment is given within fifteen days.
During elections private broadcasters are subject to Article 23 as well
Under Article 55/A of Law No. 298, from the commencement date of the elections until the close of polling day, private radio and television undertakings are subject in their broadcasts to Articles 5, 20, 22 and 23 of Law No. 2954 and to the second paragraph of Article 31. During an election period, therefore, the power of prohibition in Article 23 becomes operative for private broadcasters too.
Comparing the two regimes
| Law No. 6112, Art. 7 | Law No. 2954, Art. 23 | |
|---|---|---|
| To whom | Media service providers | TRT (and private broadcasters during elections) |
| Who may act | President, Vice-President or minister | President or a minister designated by them |
| Condition | National security clearly requiring, or serious disruption of public order being highly probable | National security clearly requiring |
| Decision | Temporary publication ban | Prohibition of a news item or broadcast; writing essential |
| Forum | Directly the Council of State | The Council of State |
| Special procedure | Stay requests decided within 48 hours | Service within 48 hours; replies 10 days each; judgment within 15 days |
The duty to broadcast official statements
A second national security obligation sits in Article 7/2: a media service provider is obliged to broadcast the President’s statements concerning the requirements of national security, public order, public health and public morals by 23:30 on the day the statement reaches it. That is a duty to broadcast rather than to stop broadcasting, and it is subject to the same judicial procedure (Art. 7/3).
The emergency regime is covered in the emergency guide and the TRT regime in the TRT rules guide.