The threshold depends on the type of publication. Under Article 113 of the Regulation on Official Announcements and Advertisements, a breach of continuity of more than three days in a calendar year for newspapers, and of more than seven days for online news sites, terminates the right to publish.
The thresholds
| Type of publication | Threshold | Sub-para. |
|---|---|---|
| Newspapers | Interrupting publication for more than 3 days within a calendar year, consecutively or intermittently | (c) |
| Online news sites | Breaching continuity of publication for more than 7 days within a calendar year, consecutively or intermittently | (ç) |
There are two common conditions. First, the interruption must be due to the publication’s own fault or to causes whose remedy lies in its own hands. Second, for newspapers, it must fall outside the Ramadan and Sacrifice holidays.
The continuity rule for newspapers (Art. 34)
Article 34 lays down the basic rule: newspapers must maintain their publishing life without interruption, apart from statutory restrictions. Publication frequency varies by category:
- Newspapers in the 1st, 2nd, 3rd, 4th and 5th Categories are published daily. However, provided it is stated in the declaration given under Law No. 5187 and notified to the Agency in signed form, they may refrain from publishing on one day a week, limited to the day notified.
- Newspapers in the 6th Category are published on the days stated in the declaration given under Law No. 5187, on condition of at least two days a week.
How is an outage measured for online news sites? (Art. 56)
For online news sites, inaccessibility is measured rather than “not publishing”, and Article 56(2) ties that to a technical definition.
Where the Agency’s network systems, in hourly queries as to whether online news sites are accessible, cannot reach a site three times consecutively or five times intermittently within a day, that is treated as an outage.
| Situation | Result |
|---|---|
| Inaccessible in 3 consecutive queries within a day | That day counts as an outage |
| Inaccessible in 5 intermittent queries within a day | That day counts as an outage |
| More than 7 days of outage in a calendar year | The right to publish comes to an end |
Exceptions
Public holidays
Under Article 34(5) newspapers may refrain from publishing for the Ramadan and Sacrifice holidays provided they notify the Agency at least three working days in advance, or — in cases of force majeure — within three working days.
Article 56(4) sets up a similar arrangement for online news sites: provided they notify the Agency at least three working days in advance, the visitor traffic and content conditions are not sought on the days falling on the Ramadan and Sacrifice holidays.
Strikes
Article 34(4): where newspapers obliged to interrupt publication because of a strike resume publication within 30 days of the date the strike ended, fulfilling the other qualifications and duties sought apart from the actual sales figure condition, their right to publish official announcements continues.
Article 56(3) sets up the same arrangement for online news sites; there the item excepted is the visitor traffic conditions.
Statutory restrictions and force majeure
Both articles open with the words “apart from statutory restrictions”; Article 56 also lists “force majeure”. The thresholds in Article 113 likewise operate only where the interruption is due to the publication’s own fault or to causes whose remedy lies in its own hands.
During the waiting period
Under Article 16(3), in respect of publications within the waiting period the first paragraph of Article 113 is applied by reference to the start date of the waiting period instead of the calendar year. These thresholds therefore operate in a publication that has not yet acquired the right, and the window is narrower.
Moreover, under Article 109(5), where the situations in Article 113 are established in publications for which a waiting period has been started, the publication is treated as never having applied and the waiting period is terminated.
Failing to deliver copies is a separate threshold
Continuing to publish is not enough on its own; delivery of printed copies is also required. Under sub-paragraphs (d) and (e) of Article 113, the right of newspapers failing to deliver in time the printed copies of 10 issues (daily newspapers) or 5 issues (non-daily newspapers) within a calendar year comes to an end.
Under Article 35 newspapers must deliver at least two copies of each issue, and the pages of those issues, to the Agency through İLANBİS in the file format determined by the Agency, by 09:00 on the day whose date they bear.
Conclusion
Interrupting publication for more than three days in a calendar year for newspapers, and a continuity breach of more than seven days for online news sites, terminates the right to publish. For sites an outage is defined as inaccessibility in three consecutive or five intermittent hourly queries within a day.
There are exceptions for holidays and strikes, but all of them depend on notification. All the grounds of termination are covered in the loss of right guide and the holiday rules in the public holidays guide.