The short answer is no. Arrest is a protective measure; it does not establish that a person is guilty. Article 38/4 of the Constitution is explicit: “No one shall be considered guilty until proven guilty in a court of law.” Breaching that principle in journalism is not merely an ethical problem but a criminal one.
The criminal provision
Article 285/5 of the Criminal Code: “Where images of persons are published during the investigation and prosecution stages in a manner leading to their being perceived as guilty, a sentence of imprisonment from six months to two years shall be imposed.”
Article 285/6 draws the line: “Making the investigation and prosecution proceedings the subject of news without exceeding the limits of reporting shall not constitute an offence.” An arrest may be reported; the person arrested may not be declared guilty.
The correct terminology
In criminal procedure a person’s status changes with the stage. Using the wrong term can by itself create a perception of guilt.
| Stage | Correct term | Meaning |
|---|---|---|
| Investigation stage | Suspect (şüpheli) | A person under investigation |
| From acceptance of the indictment to finality of the judgment | Defendant (sanık) | A person against whom a public prosecution has been brought |
| After the judgment becomes final | Convicted person (hükümlü) | A person whose conviction is final |
| Wrong at every stage | “killer”, “thief”, “fraudster” | Asserts certainty; creates Article 285/5 exposure |
Safe formulations
- “Arrested on suspicion of …” — ties the act to an allegation.
- “A case was brought on the charge of …” — leaves the imputation to the court.
- “The prosecution alleged that …” — identifies the source expressly.
- “The suspect denied the allegation” — includes the defence.
- “The proceedings are continuing” — preserves the uncertainty of the outcome.
The risk of influencing proceedings
Language of guilt may also engage Article 288 of the Criminal Code: “A person who, with the aim of unlawfully influencing a person performing a judicial function, an expert or a witness so that they take an unlawful decision, perform an unlawful act or make a statement contrary to the truth in a case being heard or an investigation being carried out, makes a public oral or written statement shall be punished with a judicial fine of not less than fifty days.”
What happens to the archive on acquittal
When a person is acquitted the old story does not disappear and remains searchable. Two routes then operate: the person’s right of correction and reply (Law No. 5187, Article 14) and claims based on personality rights (Civil Code Articles 24 and 25). Under Article 25/1 a claimant may seek “a declaration of the unlawfulness of an attack whose effects continue, even if it has ended”.
For a publisher the cheapest remedy is to add the acquittal or the decision not to prosecute to the old story as an update note. That informs the reader correctly and evidences good faith in any later claim.
Image use is covered in the photograph guide and the archive problem in the archive guide.