Yes, it affects it directly. The second paragraph of Additional Article 6 of Press Law No. 5187 ties a breach of the press ethics principles to the press card regime and provides two separate consequences: a warning or cancellation of the card.
What the provision says (Additional Art. 6(2))
The article provides: where the holder of a press card engages in conduct contrary to the press ethics principles determined under Article 49 of Law No. 195 of 2/1/1961 on the Establishment of the Press Advertisement Agency, the Commission may, taking the nature of the breach into account, warn the press card holder or decide to cancel the press card. The procedures and principles relating to this are determined by regulation.
| Element | Content |
|---|---|
| Who decides | The Press Card Commission |
| On what criterion | Taking the nature of the breach into account |
| Possible outcomes | A warning or cancellation of the press card |
| Procedures and principles | Determined by regulation |
The words “taking the nature of the breach into account” matter: the sanction is not automatic and an assessment of proportionality is made. Not every breach results directly in cancellation; a warning is also an option.
The consequence of cancellation: one year (Additional Art. 7(1))
The first paragraph of Additional Article 7 sets out the consequence of cancellation: where a press card is cancelled under Additional Article 6(2), a new press card is not issued until one year has passed from the date the card was returned.
Comparison with other grounds of cancellation
The first paragraph of Additional Article 6 regulates a separate ground of cancellation: where it is understood that a press card holder does not possess, or has subsequently lost, the qualifications in Additional Article 3, the card is cancelled by the Directorate.
| Ground of cancellation | Deciding authority | Consequence |
|---|---|---|
| Not possessing or losing the qualifications in Additional Art. 3 (Add. Art. 6(1)) | The Directorate | The card is cancelled |
| Conduct contrary to the press ethics principles (Add. Art. 6(2)) | The Commission | A warning or cancellation; on cancellation, 1 year from return |
Additional Article 7(2) further provides that a press card is not issued again to persons falling into a position contrary to sub-paragraphs (ç), (d) and (e) of Additional Article 3(1) unless it is established that proceedings have been taken under Articles 12 and/or 13/A of Criminal Records Law No. 5352.
The relationship with the sanction on the Agency side
A breach of the press ethics principles produces consequences on two separate legal planes, and they are independent of one another:
- At the level of the person: the card of the press card holder under Additional Article 6(2) of Law No. 5187 — by decision of the Press Card Commission.
- At the level of the publication: proceedings concerning the publication under Article 49 of Law No. 195 — by decision of the Board of Directors of the Press Advertisement Agency.
Even though the basis of the announcement suspension sanction has been annulled, therefore, the effect of a breach of the press ethics principles on the press card continues. That distinction is covered in detail in the press ethics guide.
Conclusion
Conduct contrary to the press ethics principles may result in a warning by the Press Card Commission or in cancellation of the press card (Law 5187, Add. Art. 6(2)). Where the card is cancelled, a new card is not issued until one year has passed from the date the card was returned (Add. Art. 7(1)).
That consequence is unaffected by the Constitutional Court’s annulment of sub-paragraph (a) of Article 49 of Law No. 195; the press card regime has a separate statutory basis.
Social media accounts are within scope too
Article 68(3) of the Regulation on Official Announcements and Advertisements separately regulates the case where an online news site benefiting from the announcement reporting additional indicator breaches the press ethics principles in the content of its own social network accounts; in that case the consequence is deprivation of the additional indicator, by decision of the Board of Directors, for a period not exceeding two months.