Turkish Press Card Application Checklist

The legal nature of the press card

Additional Article 1(2) of Law No. 5187 settles the point in a single sentence: "The press card is an identity document of an official nature." The definitions article of the statute (Article 2(n)) describes the card as "the identity card issued by the Directorate to the persons specified in this Law". Article 5(1) of the Press Card Regulation broadens that description: press cards are identity documents of an official nature issued by the Directorate and to be accepted by all public and private institutions.

The application is made to the Directorate of Communications (Additional Article 1(1)). Article 2(ö) of Law No. 5187, in the definitions paragraph added by Law No. 7418, defines the term "the Directorate" as the Directorate of Communications; that is the authority that issues the card, cancels it and makes the Regulation. The body sometimes referred to in practice as the "Ministry of Communications" is, in the legislative text, the Directorate of Communications.

The form of the card, its security features, its procurement and the method of delivery are determined by the Directorate (Article 6(2)). A card fee, together with a service fee for printing and distribution, may be charged for the cards, provided these do not exceed cost (Article 48). Card holders may in addition be issued a press traffic card on request; the procedures and principles are determined jointly by the Directorate and the Ministry of the Interior, and press traffic cards are not issued to foreign media members (Article 44).

The five types of card

Additional Article 1(3) of Law No. 5187 limits the types of card to five — the list is closed, and there is no sixth type. Articles 10 to 14 of the Regulation separately govern the conditions for each type.

For the freelance press card, the period is graded according to how long a card was previously held (Article 13(3)):

There is also a timing condition for the freelance card: the application must be made within one month of the date of leaving a media organisation at which the applicant worked for at least one year (Article 13). Turkish citizens working as freelance journalists abroad without being attached to any media organisation may be issued a freelance card if their position is confirmed by the embassy or consulate in the country concerned (Article 13(4)). The permanent press card may not be issued to foreign media members (Article 14(3)).

Renewal procedure

• On expiry: the period of validity is ten years; expired cards are renewed by the Directorate without a fresh Commission decision, provided the conditions in the Regulation are still met (Article 47(1)).
• On returning to work: where a freelance card has been issued because of a change of workplace or job title or because of leaving employment, and the holder starts work within the periods in Article 37(2), the card may be renewed without a Commission decision, provided the other conditions are met (Article 37(3)).
• On loss or wear: if the conditions in Article 8 or Article 9 are met, the card may be renewed without a Commission decision (Article 45(4)). Such a request may be made at most twice in a calendar year (Article 45(3)). In the case of loss, a report describing the circumstances and/or a copy of the newspaper carrying the loss notice, together with a document showing that the holder is still in employment, is attached (Article 45(2)).
• General card replacement: the Directorate may decide on a general replacement of cards; the announcement is made through the Directorate's website, the Anadolu Agency and TRT (Article 43).

Who may apply? (Additional Article 2)

Additional Article 2 of Law No. 5187 lists the persons to whom a card may be issued in six sub-paragraphs. Article 7(1) of the Regulation repeats the same list:

• a) Turkish-citizen media members of media organisations operating in Turkey
• b) Owners of periodicals or representatives of legal persons, and chairmen of the boards of radio and television broadcasters
• c) Foreign media members acting on behalf of media organisations whose area of assignment covers Turkey, and foreign media members whose area of assignment does not cover Turkey but who come to Turkey for a limited period for news purposes
• ç) Turkish-citizen owners and employees of media organisations publishing abroad
• d) Turkish-citizen media members working as freelance journalists abroad
• e) Public personnel working in public institutions and organisations providing services in the media field and in the information services they carry out
• f) Officers of trade unions and of associations and foundations determined to be working in the public interest, provided they operate in the media field

Article 7(2) of the Regulation, by contrast, lists those excluded: a press card is not issued to personnel engaged in the publishing activities of private sector organisations that do not provide services in the media field, of professional organisations having the character of public institutions, or of foreign representations in Turkey.

The full list of application conditions (Additional Article 3)

Additional Article 3 and Article 8(1) of the Regulation contain the same seven sub-paragraphs. All seven are required together; if one is missing the application is refused without even reaching the Commission (Article 29(2)).

• a) Having attained eighteen years of age
• b) Being a graduate of at least a high school or equivalent educational institution
• c) Not being under legal incapacity or barred from public service
• ç) Not having been convicted of certain offences, even where the periods in Article 53 of the Turkish Penal Code have elapsed (detailed below)
• d) Not having been convicted under Articles 3, 4 and 6 of Anti-Terror Law No. 3713 or Article 4 of Law No. 6415 on the Prevention of the Financing of Terrorism
• e) Not having been convicted of the offences in Article 25(2) of Law No. 5187
• f) Having concluded a contract compliant with the provisions of Press Labour Act No. 5953 and having worked without a break of more than one month from the date of leaving a job, save for reasons of force majeure
• g) Not carrying on any commercial activity outside the media field

The list of offences in sub-paragraph (ç)

The sub-paragraph applies even where the periods specified in Article 53 of Turkish Penal Code No. 5237 have elapsed. It covers two groups. The first: conviction for an intentional offence carrying a sentence of five years' imprisonment or more. The second, irrespective of the length of sentence, conviction for any of the following offences:

• Blackmail, theft, forgery, fraud, abuse of trust
• False testimony, perjury, defamatory accusation, fabricating an offence
• Obscenity, prostitution
• Fraudulent bankruptcy, embezzlement, extortion by a public official, bribery
• Smuggling, rigging a public tender, rigging the performance of an obligation
• Laundering of assets derived from crime
• Offences against sexual inviolability
• Offences against public peace
• Offences against the constitutional order and its functioning
• Offences against national defence
• Offences against state secrets and espionage offences

Sub-paragraph (f): a Law No. 5953-compliant contract and continuous employment

In practice more applications fall on this sub-paragraph than on any other. It has two separate elements: (1) the conclusion of a contract compliant with the provisions of Law No. 5953, and (2) no break of more than one month between leaving one job and starting the next. Compliance of the contract with Law No. 5953 is not a formal detail — the written form and the provisions on remuneration, length of service and termination must all conform to the statute. Do not apply before your contract is properly drafted; we set out clause by clause which provisions it must contain in our article on the journalist employment contract template.

Under Article 28(4) of the Regulation, the contract details are entered in the relevant part of the declaration form; the Directorate may require the contract to be produced in hard copy if it considers this necessary. What is stated in the declaration must match what is in the contract.

In which cases are (f) and (g) not required?

Under Article 8(2) of the Regulation, both (f) and (g) are dispensed with for the following persons:

• Owners of periodicals or representatives of legal persons
• Chairmen of the boards of radio and television broadcasters
• Employees of public institutions and organisations who are eligible for a press card
• Turkish-citizen media members working for foreign press and broadcasting organisations

By contrast, there are three cases in which only sub-paragraph (f) is dispensed with: applicants for a permanent press card (Article 14(2)), applicants for a freelance press card (Article 13(2)), and applicants for an employment-based press card through TRT (Article 10(3)). For these applicants no Law No. 5953 contract in force and no continuous employment is required at the time of application; but every other condition, including (g), applies in full.

Application documents

Article 28 of the Regulation establishes a single, common documentary regime for Turkish citizens; there are no separate document lists for the employment-based, freelance and permanent cards.

• Press card declaration form: the form available on the Directorate's website is completed electronically (Article 28(1)).
• Passport photograph: must be uploaded to the application system (Article 28(1)).
• Evidence of at least six months' professional work: must be uploaded to the application system (Article 28(1)).
• Approval: the printout of the declaration is approved by the owner of the media organisation or by the persons authorised in the trade registry. In organisations that have obtained a password from the Directorate and satisfy the conditions, approval is given electronically (Article 28(2)).
• Details of the Law No. 5953-compliant contract: entered in the relevant part of the declaration; the Directorate may require the contract in hard copy if it considers this necessary (Article 28(4)).
• Turkish press members resident abroad: a letter of confirmation from the embassy or consulate general in the country of residence is attached to the application file (Article 28(5)).
• Applicants under the title of information officer: together with the declaration approved by the senior manager, a letter of assignment signed by the senior manager stating the unit in which the applicant works and their staff title is submitted (Article 28(6)).

Conditions required of foreign media members

Additional Article 4 of Law No. 5187 and Article 9(1) of the Regulation lay down three conditions, and the card is issued having regard also to the principle of reciprocity:

• a) Documenting that they have been assigned by a media organisation
• b) Holding a work permit under International Labour Force Law No. 6735
• c) Producing a letter of introduction obtained from the embassy, legation or consulate in Turkey of the country in which the head office of the organisation they belong to is located

Article 9(2) of the Regulation also requires a work permit to be obtained by applicants for a temporary press card who are not insured within the scope of Article 4(1)(a) of Law No. 5510; such applications are assessed as exceptional cases within the framework of Article 16 of Law No. 6735.

For fixed-term and temporary card applications, an electronic form is completed and a copy of each of the following documents is uploaded to the system (Article 40(1)):

• A document showing that they have been assigned by a media organisation and evidencing the service-and-remuneration relationship
• A press member visa obtained from a Turkish embassy or consulate general, or a work visa obtained from the Ministry of Labour and Social Security
• A letter of introduction obtained from the representation in Turkey of the country in which the organisation's head office is located
• A photocopy of the visa and identity pages of the passport
• One passport photograph

For those coming on temporary assignment, if — in addition to the letter of introduction, the photocopy of the passport and the photograph — an assignment document stating the period of assignment and the areas and subjects of their work in Turkey is attached to the form, a card may be issued for no more than three months having regard to the period of assignment, and may be extended on one occasion only (Article 40(2)). Foreign media members applying through the Anadolu Agency or TRT are not required to produce a letter of introduction (Article 40(3)).

The permanent press card and the 18-year calculation

Article 14(1) of the Regulation establishes two separate criteria: for media members, at least eighteen years of professional service; for information officers, having held a press card for at least eighteen years. The card may be granted for life. On application, all the conditions apart from Article 8(1)(f) are required (Article 14(2)), and the card may not be issued to foreign media members (Article 14(3)).

The only express rule in the Regulation on calculating the period is Article 14(4), added on 6/6/2024: "In calculating the periods specified in the first paragraph, at most twenty-four months of the total period of any periods during which a freelance press card was held under Article 13 shall be taken into account." In other words, periods spent holding a freelance card do count towards the eighteen years, but for at most two years in total.

The Press Card Commission

Under Additional Article 5 of Law No. 5187 and Article 30(1) of the Regulation, the Commission consists of 19 members:

As a rule, members designated under sub-paragraphs (b), (c), (d), (e) and (f) are to be chosen from among members of the profession who have held a press card for at least five years (Article 30(2)). Members serve for two years, and members whose term expires may be re-elected (Article 31(1)). At its first meeting the Commission elects a chair and a deputy chair for two years by an absolute majority of the total number of members (Article 31(2)).

• Frequency of meetings: save for reasons of force majeure, at least three times a year; it meets extraordinarily where necessary, of its own motion or at the written request of an absolute majority of the members (Article 34(1)).
• Quorum for meetings: the participation of at least 13 members (Article 34(2)). If a quorum is not obtained at the first meeting, a second meeting is held within 30 days at the latest; other than for the election of the chair and deputy chair, no quorum is required at the second meeting.
• Quorum for decisions: an absolute majority of the members attending the meeting. Abstentions are not permitted. In the event of a tie, the decision is taken in line with the view of the side on which the chair of the Commission sits, or, in the chair's absence, the deputy chair (Article 34(4)).
• Remote participation: possible provided sound and image are transmitted together; a vote cast remotely produces all the legal consequences of physical attendance (Article 34(3)).
• Agenda: the applications to be considered are finalised and made available electronically to the members at least five days before the date of the meeting (Article 35(1)).

The Commission decides whether to accept or refuse the application by assessing the applicant's qualifications, professional work, published output and awards together with the characteristics of the media organisation to which they belong (Articles 33(1)(a) and 35(2)). Where the applicant is an employee of an internet news website, the site's number of unique visitors and number of page views are also taken into account (Article 35(3)). In applications from information officers, regard is had to the title and to whether the duties actually performed are media-related (Article 35(4)). Decisions are recorded in minutes, and the reasons for decisions refusing an application are attached to the minutes (Article 35(5)).

The quota: a separate matter

Meeting the conditions is not enough on its own; how many people at your organisation may be issued a card is separately governed, by type of organisation, in Chapter Five of the Regulation (Articles 19 to 27). For newspapers the criterion is total page area, for magazines the number of pages, for internet news websites the number of employees insured within the scope of Law No. 5953, and for radio and television broadcasters the coverage of the broadcast. We set the calculation out table by table in our article on press card quota calculation, and we show the page-area calculation newspapers need step by step in our article on newspaper page area calculation.

Grounds for cancellation and their consequences

Additional Article 6 of Law No. 5187 and Article 38 of the Regulation tie cancellation to two different mechanisms. The first rests on a determination by the Directorate, the second on the discretion of the Commission.

The consequences of cancellation are governed by Additional Article 7 of Law No. 5187. Where the cancellation is for breach of the press ethics principles, no further press card is issued until one year has elapsed from the date the card was returned (Regulation, Article 38(4)). Persons who come to be in breach of sub-paragraphs (ç), (d) and (e) of Additional Article 3 are not issued a further card unless it is established that action has been taken under Articles 12 and/or 13/A of Criminal Records Law No. 5352 (Regulation, Article 38(3)).

When the card must be returned

Article 37 of the Regulation sets out the cases in which the card must be returned to the Directorate, and the applicable periods. In addition, under Article 36(1), changes of workplace and job title of a card holder or of a person who has applied for a card must be notified in writing to the Directorate within one month of the date of the change, by both the press member and the owner of the media organisation.

Challenging a refusal or cancellation decision

Here one has to be candid: the Press Card Regulation contains no provision on objections. The word "objection" does not appear anywhere in Articles 1 to 51 or Provisional Article 1 of the Regulation; no administrative body to hear objections, no objection period and no procedure for re-examination is laid down in respect of refusal or cancellation decisions.

The only avenue the Regulation provides is a fresh application: an application may be made again once the deficiencies are remedied and the condition is satisfied (Article 29(2)); a fresh application is made once the grounds for cancellation have ceased to exist (Article 38(1)); and in the case of cancellation for breach of the press ethics principles, a one-year waiting period runs (Article 38(4)).

Entitlement to a service passport

Applications by press card holders for a service passport (hizmet damgalı pasaport) are governed by a separate directive: the "Directive on the Procedures and Principles to Be Observed in Service Passport Applications by Press Card-Holding Press Members". The Directive rests on Article 14(B) and (C) of Passport Law No. 5682, Article 3(1)(h) of Presidential Decree No. 14 on the Organisation of the Directorate of Communications and the Press Card Regulation (Article 3(1)).

There are two groups within scope (Article 2(1)): (1) press card-holding press members working at press and broadcasting organisations operating under Laws No. 5187 and 6112 and assigned by those organisations to a temporary overseas assignment; and (2) holders of permanent press cards resident in Turkey. The Directive does not provide for a passport to be issued in the absence of an overseas assignment.

Applications are made through the Integrated Press Cards Information System (Article 5(1)), and the following documents are submitted through the system:

• A petition from the press member stating that they wish to travel abroad
• A document showing that they remain in their post
• Two passport photographs of biometric specification taken within the last six months
• A photocopy of the identity card showing the Turkish national identity number
• The assignment letter — stating the country to be visited, the outbound and return dates and the purpose of the trip
• An undertaking to return the passport
• Any information and documents relating to the nature of the overseas assignment

• The documents must reach the Directorate at least two weeks before the date of departure (Article 5(2)).
• The passport is delivered to the Directorate for safekeeping within one week at the latest of the date the overseas assignment ends (Article 8(1)); if it is not delivered on time, subsequent requests are disregarded (Article 8(2)).
• The passport request is renewed for each overseas assignment (Article 9(1)).
• The overseas assignment must be within the scope of journalistic activity and directly related to the applicant's area of work (Article 10(1)).
• If approval is sought in the assignment letter for more than one overseas assignment, the one with the earliest date is taken into account (Article 10(2)).
• Having made an application does not entail approval of the assignment; the granting of approval is at the Directorate's discretion (Article 10(3)).
• No overseas assignment approval is granted for the spouse and children of the press member (Article 11(1)).

Step-by-step application checklist

Copy the list below and work through it, ticking the boxes. Each line is a provision whose basis is set out above.

PRESS CARD APPLICATION CHECKLIST
Applicant: ...........................  Date: ..../..../20....

A. IDENTIFY THE TYPE OF CARD
[ ] Employment-based  [ ] Freelance  [ ] Permanent
[ ] Fixed-term (foreign)  [ ] Temporary (foreign)

B. PERSONAL CONDITIONS (Law No. 5187 Additional Art. 3 / Regulation Art. 8(1))
[ ] (a) I have attained 18 years of age
[ ] (b) I am a graduate of at least a high school or equivalent — diploma ready
[ ] (c) I am not under legal incapacity or barred from public service
[ ] (ç) I have not been convicted of the catalogue offences under TPC Art. 53,
        nor sentenced to 5+ years for an intentional offence — criminal record clear
[ ] (d) I have not been convicted under Law No. 3713 Arts. 3/4/6 or Law No. 6415 Art. 4
[ ] (e) I have not been convicted of the offences in Law No. 5187 Art. 25(2)
[ ] (f) I have a WRITTEN contract compliant with Law No. 5953
        (not required for permanent / freelance / applications through TRT)
[ ] (f) There is no break of more than 1 month between leaving my previous job
        and starting the new one — verified against my social security record
[ ] (g) I carry on no commercial activity outside the media field
        (not required of owners of publications / chairmen of RTV boards /
         public personnel / Turkish citizens working for foreign organisations)

C. ORGANISATION AND QUOTA (Regulation Arts. 15-18 and 19-27)
[ ] My organisation possesses the qualities set out in Chapter Four
[ ] The quota has been calculated for the type of organisation and there is a
    free place
[ ] (Newspaper/magazine) declaration + prosecutor's receipt on file
[ ] (Internet news website) the minimum number of Law No. 5953-insured employees
    under Art. 27 is met
[ ] (Radio/TV) lawful broadcasting authorisations under Law No. 6112 are in place

D. DOCUMENTS (Regulation Art. 28)
[ ] The declaration has been completed electronically
[ ] The passport photograph has been uploaded to the system
[ ] Evidence of at least 6 months' professional work has been uploaded
[ ] The printout of the declaration has been approved by the owner of the
    organisation or by a person authorised in the trade registry (or approved
    electronically)
[ ] The contract details have been entered in the declaration; the original
    contract is to hand (the Directorate may require it in hard copy)
[ ] (Resident abroad) letter of confirmation from the embassy/consulate general
[ ] (Information officer) letter of assignment signed by the senior manager

E. IF A FOREIGN MEDIA MEMBER (Regulation Arts. 9 and 40)
[ ] Document showing the assignment and the service-and-remuneration relationship
[ ] Work permit under Law No. 6735
[ ] Press member visa or work visa
[ ] Letter of introduction (not required for applications through AA/TRT)
[ ] Photocopy of the visa and identity pages of the passport
[ ] 1 passport photograph
[ ] (Temporary card) assignment document stating the period of assignment and
    the subjects of the work

F. PREVIOUS CARD AND NOTIFICATIONS
[ ] The old press card has been returned (Art. 37(4) — if it has not, the
    application is NOT processed)
[ ] Change of workplace/job title notified in writing within 1 month (Art. 36(1))

G. IF APPLYING FOR A PERMANENT CARD
[ ] 18 years of professional service (for an information officer, 18 years of
    holding a card) can be documented
[ ] Account has been taken of the fact that at most 24 months of freelance-card
    periods will count (Art. 14(4))
[ ] The calculation of the period has been confirmed in writing by the Directorate

H. AFTER THE APPLICATION
[ ] The contact details in the declaration are up to date (a refusal is notified
    to them — Art. 29(2))
[ ] The Commission's agenda is being monitored (applications are finalised at
    least 5 days before the meeting — Art. 35(1))
[ ] If refused: whether to remedy the deficiency and reapply, or to bring
    annulment proceedings before the administrative court — assessed with a lawyer