The penalty has two features and both call for attention: it is calculated per copy, and it is applied by the civil administrator.
The Text
Art. 10 of Law No. 6279 governs the sanctions to be applied by the highest civil administrator of the place where the deposit is made to persons who fail to perform their obligations:
| Subpara. | Sanction |
|---|---|
| (a) | An administrative fine of from one thousand Turkish lira to five thousand Turkish lira for each copy |
| (b) | Where the persons liable under Art. 6(ç) fail to perform their obligations, they may not obtain a permit document again |
Who Imposes the Penalty?
The article names the competent authority expressly: the highest civil administrator of the place where the deposit is made. That is the governor in a province and the district governor in a district.
That is a different authority from the other penalties in press legislation:
| Penalty | Imposing authority | Basis |
|---|---|---|
| The legal deposit fine | The highest civil administrator | Law No. 6279 Art. 10 |
| The imprint / mandatory information penalty | A court - a judicial fine | Law No. 5187 Art. 15 |
| The delivery and retention penalty | A court - a judicial fine | Law No. 5187 Art. 17 |
| Administrative fines under Law No. 5953 | The regional director of the Ministry of Labour and Social Security | Law No. 5953 Art. 30 |
| RTUK fines | The Radio and Television Supreme Council | Law No. 6112 |
The Second Sanction: The Permit Document
Subparagraph (b) of Art. 10 provides a separate consequence for the persons liable under Art. 6(ç): if they fail to perform their obligations they may not obtain a permit document again.
How to Avoid the Penalty: The Periods
Art. 9 sets the periods, and meeting them prevents the sanction:
- The general rule: within fifteen days following the reproduction, complete and free of defect
- For the works in Art. 4(g) and in Art. 5: sixty days
- Defective or incomplete copies: replaced within fifteen days at the latest
Keep the Receipt
The Law provides that works printed abroad and sold inside the country are delivered against a receipt. Apply the same documenting logic to all your deliveries: a courier record, a delivery report or a receipt is your only means of defence in a penalty proceeding.
The Penalty in the Press Law Is Separate
Art. 17 of Law No. 5187 provides a separate penalty for the printer who fails the delivery duty and the responsible editor of an internet news site who fails the delivery and retention duty. The two penalties do not substitute for each other; we cover this in the delivery penalty guide and the delivery versus legal deposit guide.
Summary
- An administrative fine is applied for each copy by the highest civil administrator of the place of deposit; the 2012 band in the Law is one to five thousand lira and rises with revaluation.
- The persons liable under Art. 6(ç) may additionally not obtain a permit document again.
- Meeting the fifteen-day period, and the right to replace defective copies, prevent the sanction.