The short answer is no. This is one of the few absolute prohibitions in the Press Law and leaves no room for discretion. Article 21 of Law No. 5187 makes it an offence to publish, in periodical publications, in a manner disclosing the identity of or enabling the recognition of victims in news concerning offences against sexual inviolability.
The structure of the article
Article 21 lists three groups together and provides the same sanction for all:
| Sub-para. | Protected person |
|---|---|
| a | In news concerning sexual relations between persons prohibited from marrying under the Civil Code, those persons |
| b | Victims in news concerning offences against sexual inviolability |
| c | Offenders or victims of an offence who are under eighteen |
The ban is not limited to the name
The wording is broad: publication “in a manner disclosing their identity or enabling their recognition” is prohibited. Every detail capable of leading to recognition is caught.
- Name, surname, initials
- Photograph, video, silhouette, voice
- Address, neighbourhood, school, workplace
- Indirect identification through the identity of the defendant or offender — critical in domestic cases
- Details which, combined with the place and date of the incident, lead to identification
- Names or images of relatives
What about the victim’s consent?
Article 21 is not a personality rights provision but a criminal norm, and its text contains no exception for consent. Article 24/2 of the Civil Code does treat consent as a ground of lawfulness for personality rights. Because the two operate on different planes, a victim saying “you may print my name” may not remove criminal liability.
The safe course for a publisher is not to give the identity even where consent exists. Where consent has been given and the victim is later harmed, the scope of that consent becomes the subject of dispute.
The hearing dimension
In sexual offence proceedings hearings are frequently closed. Under Article 182/2 of Criminal Procedure Code No. 5271 the court may decide that part or all of a hearing be held in private where public morals or public security absolutely require it. Article 187/2 is categorical: “The content of a closed hearing may not be published by any means of communication.”
Where the defendant has not completed eighteen years of age the hearing is closed by operation of law (Article 185/1), and the judgment is also pronounced in closed session.
Sanctions
A breach of Article 21 of Law No. 5187 attracts a judicial fine. The figures in the text are in pre-2005 lira; Article 5 of Law No. 5252 converted “heavy fines” into judicial fines and provided that, for judicial fines requiring application between a lower and an upper limit, the lower limit is applied as TRY 2,500 and the upper as TRY 500,000. Verify the current figures.
In addition, Article 20 of Law No. 5187 makes it a separate offence to publish, in relation to incidents of sexual assault, homicide and suicide, writing and images that exceed the limits of reporting and are capable of encouraging readers to such acts.
Child victims are covered in the child guide and closed hearings in the closed hearing guide.