“Publication ban” is not a single legal institution. In Turkish law it arises from at least three distinct sources, and the scope, duration and route of challenge differ in each. When a decision arrives the first task is to identify which provision it rests on.
Three sources
| Source | Who makes it | Scope | Route of challenge |
|---|---|---|---|
| CPC Art. 187/2 — closed hearing | Arises from the Law; no decision is needed | The content of a closed hearing may not be published by any means of communication | — |
| CPC Art. 187/3 — public hearing | The court hearing the case, to the extent necessary | Prohibition of publication of part or all of the content of the hearing | General provisions of criminal procedure |
| Law No. 6112, Art. 7/1 — temporary ban | The President, or a Vice-President or minister designated by the President | Temporary publication ban | Directly the Council of State |
CPC Article 187/3: a court publication ban
“Where the content of a public hearing is such as to affect national security or public morals, or to touch the reputation, honour and rights of persons, or to incite the commission of an offence, the court shall, in order to prevent this and to the extent necessary, prohibit the publication of part or all of the content of the hearing and shall pronounce its decision in the public hearing.”
Three features matter: the ban attaches to the content of the hearing, not to the whole matter; it is imposed “to the extent necessary” and so is limited; and the decision itself is pronounced in the public hearing, so its existence may be reported.
CPC Article 187/2: a closed hearing needs no decision
“The content of a closed hearing may not be published by any means of communication.” That prohibition arises from the Law; no separate decision is required. A hearing may have been closed under Article 182/2 on grounds of public morals or public security, or may be closed by operation of law under Article 185/1 because the defendant has not completed eighteen years of age.
Law No. 6112 Article 7: a temporary publication ban
Article 7/1 states the principle first: even in times of crisis freedom of expression and of receiving news is the basis; broadcasting services may not be subjected to prior control and may not be stopped save by judicial decision. The exception is narrow: “in cases where national security clearly so requires or in situations where serious disruption of public order is highly probable, the President or a Vice-President or minister designated by the President may impose a temporary publication ban”.
Article 7/3 fixes the route of challenge: actions for annulment against such decisions are brought directly before the Council of State; the Council hears them with priority and rules on requests for a stay of execution within forty-eight hours.
What to do when a decision arrives
- Identify the source. Which provision does it rest on — CPC Art. 187/3, CPC Art. 187/2 or Law No. 6112 Art. 7?
- Read its scope. What does it prohibit: the content of a hearing, the whole matter, a particular subject?
- Establish its duration. Is it limited in time, and until what stage?
- Record the date and time of service.
- Notify the newsroom in writing and document that you did.
- Check the archive. Is there already published content within the scope of the ban?
- Assess the route of challenge. Directly the Council of State for a Law No. 6112 Article 7 decision; the general provisions otherwise.
Can the decision itself be reported?
A decision under CPC Article 187/3 is pronounced in the public hearing, so the fact that it has been made is in principle public. The prohibition attaches to the content of the hearing. Under Article 47/2 of Law No. 6112, communiqués within the framework of Article 7 are published on the Supreme Council’s website and such announcements count as service under Law No. 7201.
What lies outside the ban
- That a decision has been made and its scope (an Article 187/3 decision is pronounced in the public hearing)
- Statements made publicly by the authorities
- The stage the proceedings have reached
- The general and public dimension of the subject, and expert assessment
The consequence of non-compliance
Article 7/4 of Law No. 6112 states the ladder directly: where broadcasting is carried out contrary to publication bans and restrictions, the broadcasting of programmes is suspended for one day; within one year, on repetition for up to five days, on a second repetition for up to fifteen days, and on a third repetition the licence is revoked. That paragraph covers publication bans and restrictions imposed under Law No. 6112 and under Press Law No. 5187. We set the detail out in the consequences guide.
Closed hearings are covered in the closed hearing guide and commenting on pending cases in the pending case guide.