That article protects the press against obstruction coming from outside. It is one of the two offences carrying imprisonment in the Law.
The First Paragraph: Destruction and Damage
A person who, with the aim of preventing the publication or distribution or sale of printed works lawfully printed, destroys or damages them is punished, if the act does not constitute a more serious offence, by imprisonment of up to one year and a heavy fine of from one billion to five billion lira.
| Element | Content |
|---|---|
| Subject | Printed works lawfully printed |
| Aim | To prevent their publication, distribution or sale |
| Act | Destroying or damaging |
| Penalty | Imprisonment of up to one year + a heavy fine of one to five billion lira |
| Condition | If the act does not constitute a more serious offence |
The Second Paragraph: Obstruction by Violence or Threat
A person who, although the conditions required by the Law have been complied with, obstructs by violence or threat the printing, publication, distribution or sale of periodicals and non-periodicals is punished, if the act does not constitute a more serious offence, by imprisonment of up to two years and a heavy fine of from two billion to ten billion lira.
| The first paragraph | The second paragraph | |
|---|---|---|
| Act | Destroying or damaging | Obstruction by violence or threat |
| Scope | Publication, distribution, sale | Printing, publication, distribution, sale |
| Imprisonment | Up to one year | Up to two years |
| Fine | One to five billion lira | Two to ten billion lira |
The Third Paragraph: An Aggravating Circumstance
Two conditions are required together:
- The place: a public place, a printing house, places making sales to the public or carrying out distribution,
- The number of offenders: more than one person.
The Exception to the Prohibition of Conversion
The Constitutional Ground
Art. 30 of the Constitution (Amended: 7/5/2004-5170/4): a printing house and its annexes and press equipment established as a press enterprise in conformity with the law may not be confiscated or forfeited, or barred from operation, on the ground that they are instruments of an offence.
Its Relationship with the Duty to Distribute
Article 23 imposes a duty to distribute on the distributor and ties a breach to a heavy fine. Art. 22, by contrast, treats the act of obstruction as an offence. We cover the detail in the distribution guide.
Summary
Art. 22 of Law No. 5187 punishes a person who destroys or damages lawfully printed works with the aim of preventing their publication, distribution or sale, by imprisonment of up to one year and a fine; and a person who obstructs their printing, publication, distribution or sale by violence or threat, by imprisonment of up to two years and a fine. Where the act is committed by more than one person in a public place or at a printing house, the penalty is increased by up to a half.