The right of correction and reply against TRT is governed by a different statute from the one that applies to private broadcasters. Where Article 18 of Law No. 6112 gives sixty days to request and seven days to broadcast, Article 27 of Law No. 2954 imposes far shorter periods for TRT.
When the right arises
The opening words of Article 27: “Where in a broadcast a person’s honour and dignity are touched upon, or matters contrary to the truth concerning them are included…”
The periods
| Step | Period | Sub-para. |
|---|---|---|
| The person sends the correction and reply text | 7 days from the date of broadcast | a |
| TRT broadcasts it | 3 days from receipt by the Directorate General | a |
| Notification where the request is refused | 2 days from expiry of the three-day period | c |
| Objection to the refusal | Within 2 days to the Ankara Criminal Judgeship of Peace | d |
| Decision of the criminal judge of peace | 2 days at the latest | e |
| Objection to that decision | Within 2 days of notification, to the Ankara Criminal Court of First Instance | f |
| Broadcast after the court’s decision | 2 days at the latest from notification to the Directorate General | g |
Content and length of the text
Article 27(b): “The correction and reply text shall briefly explain that the nature of the broadcast falls within the scope of the paragraph above, that something contrary to the truth was attributed to the person in the broadcast or that their honour and dignity were touched upon, or what the truth is. The reply and correction text may not exceed the duration of the relevant part of the broadcast giving rise to the reply and correction.”
The length of the text is thus limited by the duration of the segment complained of.
When TRT may refuse
Article 27(c) lists three grounds. The correction and reply text may be refused where it:
- Does not comply with the provisions of this Law and of Presidential Decrees
- Contains expressions constituting an offence
- Is such as to give rise to a fresh right of correction and reply
The Directorate General notifies the person concerned that the request has been refused within two days of expiry of the three-day period during which it was obliged to broadcast. The words “and Presidential Decrees” were added to sub-paragraph (c) by Article 95 of Decree Law No. 703 of 2 July 2018.
The forum: Ankara Criminal Judgeship of Peace
Article 27(d): “The person concerned may object to that refusal decision within two days before the Ankara Criminal Judgeship of Peace. The right holder may also lodge the objection with the court of the place where they are, for transmission to the Ankara Criminal Judgeship of Peace.”
The final sentence is a practical convenience: you do not have to travel to Ankara to object; a petition filed with your local court is forwarded.
What the judge examines
Article 27(e) requires the criminal judge of peace to examine, within two days at the latest, whether the text:
- Is of a criminal nature
- Is related to the broadcast
- Complies with the conditions written in the article
- Is such as to give rise to a fresh right of correction and reply
- Was sent to TRT within the period
The judge may order the text to be broadcast as it stands, or may order it to be broadcast after personally making such changes as they consider appropriate. A copy of the decision is sent to each party.
Second instance: Ankara Criminal Court of First Instance
Article 27(f): the parties may object to that decision within two days of notification before the Ankara Criminal Court of First Instance. Article 27(g): “The decision given by the judge of the criminal court of first instance shall be final. The reply and correction must be broadcast within two days at the latest of notification of that decision to the Directorate General.”
Heirs and legal persons
Article 27(h): “The right of a person who dies without exercising the right of correction and reply may be exercised by their heirs jointly or by whichever of them applies first.” The article goes on to provide that its provisions also apply to correction and reply texts sent by private law legal persons.
Two exceptions
The closing paragraphs address two special situations. Political parties having a group in the Grand National Assembly but not forming part of the Government make requests for a right of correction and reply in respect of broadcasts promoting presidential activities within three days of the date of broadcast, directly before the Ankara Criminal Judgeship of Peace.
By contrast: “The provisions of this article shall not apply to election campaign speeches to be made by political parties on radio and television under their special laws, or to presidential communiqués or speeches.”
Comparison with Article 18 of Law No. 6112
| Matter | TRT (Law No. 2954, Art. 27) | Private broadcaster (Law No. 6112, Art. 18) |
|---|---|---|
| Request period | 7 days | 60 days |
| Broadcasting period | 3 days | 7 days |
| Application to court | 2 days from the refusal notice | 10 days |
| Competent court | Ankara Criminal Judgeship of Peace | Criminal judgeship of the applicant’s residence; Ankara if abroad |
| Second instance | Ankara Criminal Court of First Instance; decision final | Competent criminal court of first instance; 3 working days, final |
| Heirs | Jointly or the first to apply | One of the heirs; 30 days added |
TRT’s general regime is covered in the TRT rules guide and the private broadcaster equivalent in the complaints and reply guide.