The answer has two layers. For the Press Law’s own offences imprisonment is not the rule and the Law expressly prevents it. But where a report also constitutes an offence under the Turkish Criminal Code, imprisonment comes into play.
The Press Law side: no conversion into custody
Article 28 of Law No. 5187: “Save for the offences in Articles 18 and 22, fines imposed for offences provided for in this Law may not be converted into custodial sentences.”
| Press Law offence | Type of penalty | Convertible into custody? |
|---|---|---|
| Art. 20 — encouraging sexual assault, homicide or suicide | Judicial fine | No (Art. 28) |
| Art. 21 — breach of the prohibition on disclosing identity | Judicial fine | No (Art. 28) |
| Art. 18 — failure to comply with a correction and reply order | Judicial fine | Yes — an exception to Art. 28 |
| Art. 22 — obstructing, damaging or destroying printed works | — | Yes — an exception to Art. 28 |
The Criminal Code side: imprisonment is possible
Most of the Criminal Code offences that the content of a report may constitute carry imprisonment:
| Offence | Article | Penalty |
|---|---|---|
| Insult | Art. 125/1 | 3 months to 2 years’ imprisonment or a judicial fine |
| Insult against a public official on account of duty | Art. 125/3(a) | The lower limit may not be less than one year |
| Insulting the memory of a person | Art. 130/1 | 3 months to 2 years’ imprisonment or a judicial fine |
| Disclosing communications content | Art. 132/2 | 2–5 years’ imprisonment |
| Disclosing a recording of a non-public conversation | Art. 133/3 | 2–5 years’ imprisonment and a judicial fine of up to 4,000 days |
| Disclosing images or sounds relating to private life | Art. 134/2 | 2–5 years’ imprisonment |
| Breaching the confidentiality of an investigation | Art. 285/1 | 1–3 years’ imprisonment or a judicial fine |
| Publishing images creating a perception of guilt | Art. 285/5 | 6 months to 2 years’ imprisonment |
| Disclosing the content of a closed hearing | Art. 285/3 | 1–3 years’ imprisonment or a judicial fine |
| Publicly disseminating misleading information | Art. 217/A(1) | 1–3 years’ imprisonment |
| Publicly inciting the commission of an offence | Art. 214/1 | 6 months to 5 years’ imprisonment |
| Unauthorised recording or transmission in a courthouse | Art. 286 | Up to 6 months’ imprisonment |
Under Article 218 of the Criminal Code, where those offences are committed through the press and media, the sentence is increased by up to one half. The same article also provides protection: “expressions of opinion that do not exceed the limits of reporting and are made for the purpose of criticism shall not constitute an offence”.
Is a sentence of imprisonment always executed?
The consequence of a sentence of imprisonment is determined by the general provisions of the Criminal Code and the Criminal Procedure Code: conversion into a judicial fine, suspension and deferral of the announcement of the verdict depend on the circumstances of the case and the length of the sentence. That assessment is specific to each file.
Who is liable
Criminal liability is staged. Under Article 11 of Law No. 5187 the author of the work is liable as a rule in periodicals; where the author is not known, lacks criminal capacity, is abroad and so cannot be tried in Turkey, or where the sentence would not affect another final conviction, liability passes to the responsible editor and the official above them.
The filing deadline is a condition of prosecution
Under Article 26 of Law No. 5187 criminal cases concerning offences committed through printed works or online news sites must, as a condition of prosecution, be brought within four months for daily periodicals and online news sites and six months for other printed works. If that period is missed, no case can be brought.
The responsible editor’s position is covered in the responsible editor guide and the chain of liability in the column guide.