The period for exercising the right of correction and reply varies with the type of publication, and the difference is striking: seven days for TRT broadcasts, two months in the print press. Applying the wrong regime’s period costs the right.
Three separate regimes
| Type of publication | Request period | Publication period | Basis |
|---|---|---|---|
| Newspapers and magazines (daily) | 2 months | Within 3 days at the latest | Law No. 5187, Art. 14 |
| Other periodicals | 2 months | The first issue after three days | Law No. 5187, Art. 14 |
| Online news site | 2 months | Within 1 day at the latest | Law No. 5187, Art. 14 |
| Radio and television (private) | 60 days | 7 days | Law No. 6112, Art. 18 |
| TRT | 7 days | 3 days | Law No. 2954, Art. 27 |
When time starts to run
Under Article 14(1) of Law No. 5187 the request period runs “from the date of publication”. The publication period runs from the date the responsible editor receives the text. There are two different starting points and they should not be confused.
Additional time for heirs
| Regime | Additional time for heirs | Basis |
|---|---|---|
| Law No. 5187 (print, online) | One month added to the two-month period | Art. 14(8) |
| Law No. 6112 (radio, television) | Where death occurs within the 60-day period, thirty days added to the time remaining | Art. 18(5) |
| Law No. 2954 (TRT) | The heirs exercise the right jointly, or whichever of them applies first | Art. 27(h) |
Periods for applying to court if not published
| Regime | Period | Court | Time for decision |
|---|---|---|---|
| Law No. 5187, Art. 14(5) | 15 days | The criminal judge of peace of the place where the applicant is | 3 days, without a hearing |
| Law No. 6112, Art. 18(2) | 10 days | The criminal court of peace of the applicant’s residence; Ankara if resident abroad | 3 days, without a hearing |
| Law No. 2954, Art. 27(d) | 2 days | Ankara Criminal Judgeship of Peace | Within 2 days at the latest |
Under Article 14(5) of Law No. 5187 the fifteen-day period runs from two different moments: where the text has not been published, from expiry of the period allowed for publication; where it has been published contrary to the rules, from the date of that publication.
Objection periods
| Regime | Objection | Examination |
|---|---|---|
| Law No. 5187, Art. 14(6) | Expedited objection | The competent authority decides within three days; its decision is final |
| Law No. 6112, Art. 18(3) | Seven days from notification, to the competent criminal court of first instance | The court examines and decides finally within three working days |
| Law No. 2954, Art. 27(f) | Two days from notification, to the Ankara Criminal Court of First Instance | The decision of the criminal court of first instance is final |
Where the judge orders publication, time starts again
Article 14(7) of Law No. 5187: “Where the judge orders the correction and reply to be published, the periods in the first paragraph shall run from the date the decision became final where no objection was made to the decision of the criminal judge of peace, and from the date of notification of the decision of the competent authority where an objection was made.”
Article 18(4) of Law No. 6112 has the same structure: the seven-day period runs from the date the decision of the criminal judge of peace became final where no objection was made, and from notification of the decision of the criminal court of first instance where one was.
A checklist for the person making the request
- Identify the type of publication: newspaper, online news site, television or TRT?
- Calculate the request period for that regime (2 months / 60 days / 7 days).
- Draft the text so that it contains no element of an offence and does not exceed the length limit.
- Send it by a method that evidences the date of service.
- Follow the publication period and do not miss the period for applying to court.
The length of the text is covered in the length guide and its placement in the placement guide.