Set-off and compensation are the corrective mechanism of the official announcement system: what was taken in excess is recovered, what was given short is completed.
The Basic Distinction — Art. 112/1
The amount corresponding to the official announcements that newspapers or internet news sites published during a breach of the legislation is set off, and the value of the official announcements that they were entitled to publish but could not publish is compensated.
| Concept | Situation | Direction |
|---|---|---|
| Set-off | Official announcements published during a breach of the legislation | Against the publication — the amount is set off |
| Compensation | Official announcements that could not be published although the right existed | In favour of the publication — the value is compensated |
How Is It Applied? — Art. 112/2
In order to prevent hardship to newspapers and internet news sites, set-off and compensation procedures are carried out in the following months over half of the monthly official announcement quota of the publication concerned as at the date of the decision on those procedures. However, where the amount of the set-off or compensation exceeds 3 times the monthly official announcement quota of that publication as at the date of the decision, the set-off or compensation procedure is carried out over the whole of the official announcement quota as at the date of the decision.
| Amount | Rate of application |
|---|---|
| Up to 3 times the monthly quota | Over half of the monthly quota, in the following months |
| Exceeding 3 times the monthly quota | Over the whole of the monthly quota |
The General Category Distinction — Art. 112/2, last sentence
In addition, where the set-off procedure concerning internet news sites placed in the General Category arises from a breach of the General Category conditions, it is applied within the general quota; otherwise it is applied within the province-based quota.
| Source of the breach | Where the set-off is applied |
|---|---|
| Breach of the General Category conditions | Within the general quota |
| Other breaches | Within the province-based quota |
When Is It Implemented? — Art. 112/3
The applications made in respect of set-offs and compensations are implemented after the decisions on which they are based become final. (Added sentence: Official Gazette 19/9/2024-32667) The internal instruction letter of the Agency concerning this application is shared with the periodical concerned over İLANBİS.
We covered the finality of decisions in how to object to decisions of the Directorate General.
Where There Is Only One Publication — Art. 112/4
Where there is only one newspaper or internet news site holding the publishing right in a place of publication or quota place, the set-off procedures are as follows:
| Sub-para. | Situation | Application |
|---|---|---|
| a | District newspapers | Official announcements to the value of the set-off amount are published in other newspapers published in the provincial centre |
| b | Newspapers published in the provincial centre and internet news sites | Official announcements are withheld for a period equal to the established duration of the breach |
Compensation in Content-Based Sanctions — Art. 114/1
Where a criminal case is brought on account of Offences Against the Constitutional Order or offences within the scope of the Anti-Terror Law No. 3713, the right to publish official announcements and advertisements is withheld. According to the outcome of the case brought, it is decided under the provisions of this Regulation that there be compensation, set-off, or the ending of the right to publish official announcements and advertisements. We covered the detail in the exceptions in the sanctions on the publishing right.
Checklist
- Has the decision on which the procedure is based become final?
- Has the instruction letter reached you over İLANBİS?
- Does the amount exceed 3 times your monthly quota?
- If you are in the General Category, does the breach arise from the General Category conditions?
- Are you the only holder of the right in your place of publication?
Conclusion
The amount corresponding to official announcements published during a breach of the legislation is set off, and the value of those that could not be published although the right existed is compensated. The procedure is carried out in the following months over half of the monthly official announcement quota as at the date of the decision; if the amount exceeds 3 times the quota, it is applied over the whole of the quota. The application is implemented after the decision on which it is based becomes final, and the instruction letter is shared over İLANBİS.