The common assumption is that the responsible editor is “responsible for everything”. The Law does not say that. Article 11 of Law No. 5187 builds liability in stages and puts the responsible editor on the second.
Second stage: the responsible editor and the official above them
Article 11(3) lists four cases. Where one arises, liability passes to “the responsible editor and the publishing director, editor-in-chief, editor, press adviser and similar official to whom the responsible editor reports”.
| Case | Example |
|---|---|
| The author of the work is not known | An unsigned report or column |
| They lack criminal capacity at the time of publication | — |
| They are abroad and so cannot be tried in Turkey | A correspondent or writer abroad |
| The sentence would not affect a sentence to which the author has been finally convicted for another offence | — |
The provision that protects the responsible editor
The closing sentence of Article 11(3) gives the responsible editor a defence: “However, where such a work is published despite the objection of the responsible editor and of the official to whom the responsible editor reports, the liability arising therefrom shall rest with the person who caused it to be published.”
Two areas of direct liability
Liability arising from the responsible editor’s own duties is not staged:
| Duty | Basis | Consequence |
|---|---|---|
| Publishing a correction and reply text within time and in the required form | Law No. 5187, Art. 14 | Where a final judicial decision is not complied with, Art. 18 applies |
| Failure to comply with a final judicial decision | Law No. 5187, Art. 18 | Judicial fine; convertible into custody under Art. 28 |
| Retention of broadcast recordings (radio and television) | Law No. 6112, Arts. 25 and 33/3 | Judicial fine of 1,000–5,000 days |
| Alteration, excision or deletion in recordings (radio and television) | Law No. 6112, Art. 33/4 | Judicial fine of 5,000–10,000 days |
Article 28 of Law No. 5187 matters here: “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.” Failure to comply with a correction and reply order therefore falls outside that prohibition.
The detail of Article 18
Article 18 of Law No. 5187: “The responsible editor and the official to whom the responsible editor reports who fail to comply with final judicial decisions concerning the publication of a correction and reply” are punished with a judicial fine. Under the same article the owner of the publication is jointly and severally liable with the responsible editor and that official for payment of the fine.
In addition the judge orders that the correction and reply text be published as an advertisement in two online news sites and in two newspapers with a circulation of more than one hundred thousand, at the expense of the owner of the publication.
As regards Criminal Code offences
Where liability passes to the responsible editor, they become liable for the Criminal Code offence the report constitutes, and where that offence carries imprisonment, imprisonment is in play. We set those offences out in a table in the imprisonment guide.
Service also binds the responsible editor
Article 29 of Law No. 5187: “The place of management of a periodical shall be deemed, for the purposes of service, the domicile of the owner of the publication and of their representative and, for so long as they remain in office, of the responsible editor.” Time therefore begins to run on service at the place of management, not at the responsible editor’s personal address.
The editor-in-chief’s position is covered in the editor-in-chief guide and the consequence of not publishing a reply in the penalty guide.