If your correction and reply text is not published, or is published contrary to the rules, the route is clear: application is made to the criminal judge of peace. The procedure is short and subject to special rules.
The period: two different starting points
Article 14(5) of Law No. 5187: “Where the correction and reply is not published within the periods determined in the first paragraph, from expiry of the period allowed for publication, and where it is published contrary to the provisions of the first paragraph, from the date of publication, the person requesting the reply and correction may, within fifteen days, request the criminal judge of peace of the place where they are to order that publication be made, or be made in conformity with the provisions of this Law.”
| Situation | Time runs from | Period |
|---|---|---|
| The text was not published at all | Expiry of the period allowed for publication | 15 days |
| The text was published contrary to the rules (wrong page, small font, incomplete) | The date of publication | 15 days |
The competent court: where you are
The Law says “the criminal judge of peace of the place where they are”. You do not have to travel to where the publisher is; you may apply to the criminal judgeship of peace where you are.
Time for decision and procedure
The closing sentence of Article 14(5): “The criminal judge of peace shall decide the request within three days, without holding a hearing.”
Article 14(6): “An expedited objection lies against the decision of the criminal judge of peace. The competent authority shall examine the objection and decide within three days. The decision of the competent authority is final.”
| Step | Period | Character |
|---|---|---|
| Application to the criminal judge of peace | 15 days | Where you are |
| Decision of the judge | 3 days | No hearing is held |
| Expedited objection | — | Against the decision |
| Examination of the objection | 3 days | The competent authority |
| Outcome | — | Final |
Where an order is made, time starts again
Article 14(7): “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.”
The publisher therefore has a fresh three days (or one day for an online news site) after the judge’s decision.
The penalty for non-compliance
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 them for payment.
The article adds a further sanction: “Where the correction and reply text is not published, or is published without compliance with the conditions specified in the first paragraph of Article 14, the judge shall additionally order that the text be published as an advertisement in two online news sites and in two newspapers with a circulation of more than one hundred thousand, the costs being borne by the owner of the publication.”
Different periods for radio and television
Under Article 18(2) of Law No. 6112 application is made within ten days — from expiry of the period where the text was not broadcast, and from the date of broadcast where it was broadcast defectively. The competent court is the criminal court of peace of the applicant’s place of residence, or the Ankara Criminal Court of Peace where the applicant resides abroad. Under Article 18(3) the judge decides within three days without a hearing; an objection lies to the competent criminal court of first instance within seven days of notification, and that court examines and decides finally within three working days.
Applying directly to the court
Article 18(7) of Law No. 6112 offers an additional route: “The person concerned may request the right of reply and correction referred to in the first paragraph directly from the criminal court of peace within the same periods.” Law No. 5187 contains no equivalent provision.
The penalty is covered in the penalty guide and the periods in the deadlines guide.