The right of reply is governed twice in Law No. 6112: as a principle (Art. 8/1-o) and as a procedure (Art. 18).
The Principle - Art. 8/1-o
Must respect the right of reply and correction of persons or organisations.
The Procedure - Art. 18
Article 18, headed the right of correction and reply, governs the manner in which the right is exercised: the application, the periods, the form of broadcast and the route to follow in the event of refusal.
We cover the details of applying the process in the RTUK guide.
The Sanction Tier
Subparagraph (o) is not in the heavy list in Art. 32/1; Art. 32/2 applies.
| Stage | Result |
|---|---|
| Breach | 1-3% of the gross commercial communication revenue of the preceding month - Art. 32/2 |
| Lower limit | Radio one thousand lira; television and on-demand ten thousand lira |
| More than twenty breaches in a year | The broadcast is suspended for up to five days - Art. 32/5 |
| Repetition / a second repetition | Suspension of five to ten days / revocation of the licence |
The Constitutional Ground
Art. 32 of the Constitution - The right of correction and reply is recognised only where a person's dignity and honour has been touched or where publications untrue in respect of them have been made, and is regulated by law. If the correction and reply is not published, a judge decides whether or not it should be published within seven days at the latest from the date of the application by the person concerned.
| Element | Constitution Art. 32 |
|---|---|
| Situations in which the right arises | Dignity and honour being touched, or an untrue publication about them |
| Procedure | Regulated by law |
| If it is not published | A judge decides within seven days at the latest from the date of the application |
We cover the detail in the Art. 32 guide.
Three Regimes Side by Side
| Field | Basis | Note |
|---|---|---|
| Radio and television | Law No. 6112 Arts. 8/1-o and 18 | A breach is subject to an administrative sanction |
| TRT | Law No. 2954 Art. 27 | The periods are listed day by day in the text; objection to the Ankara Magistrates' Criminal Judgeship |
| Printed publications and internet news sites | Press Law No. 5187 | If it is not published a judge decides |
We cover the TRT regime in the TRT reply guide and the printed publishing regime in the legal limits guide.
Why Is It a Balancing Instrument?
Summary
Subparagraph 8/1-o of Law No. 6112 makes respect by media service providers for the right of reply and correction of persons or organisations a broadcasting principle; the procedure is governed in Art. 18. Its constitutional basis is Art. 32 and the right arises only where dignity and honour is touched or an untrue publication is made. Its sanction is the tier in Art. 32/2.