The answer depends on the child’s position in the story. The Law does not say in general terms that “a child’s face may not be shown”; it imposes an absolute ban for children who are offenders or victims of an offence.
The absolute ban: Article 21(c) of Law No. 5187
It is an offence to publish, in periodical publications, in a manner disclosing the identity of or enabling the recognition of “offenders or victims of an offence who are under eighteen years of age”. The ban covers offender and victim alike — the child’s identity may not be given whether they were pushed into crime or harmed by it.
| The child’s position | May the face be shown? | Basis |
|---|---|---|
| Offender | No | Law No. 5187, Art. 21(c) |
| Victim of an offence | No | Law No. 5187, Art. 21(c) |
| Victim of a sexual offence | No (protected twice) | Law No. 5187, Art. 21(b) and (c) |
| A story unconnected with any offence (for example an event) | No absolute statutory ban; parental consent and personality rights govern | Civil Code Art. 24, data protection law |
The principle in the Child Protection Law
Article 4 of Child Protection Law No. 5395 lists among the principles to be observed in the application of the Law: “taking measures directed at preventing the identity of children from being determined by others in proceedings conducted in respect of children, in adjudication and in the enforcement of decisions” (sub-paragraph l).
That principle is not a criminal norm addressed to the press; its addressees are the judiciary and the administration. But it shows the protective purpose behind the ban and points in the same direction as Article 21(c).
The hearing is closed
Article 185/1 of Criminal Procedure Code No. 5271: “Where the defendant has not completed eighteen years of age, the hearing shall be held in closed session; the judgment shall also be pronounced in closed session.” To that Article 187/2 adds: “The content of a closed hearing may not be published by any means of communication.”
Is blurring enough?
The test is not covering the face but preventing recognition. The following can lead to identification even where the face is obscured:
- School name, class, uniform
- Neighbourhood, village or building name
- The name or image of a parent or sibling
- Voice, if unaltered
- Distinctive physical features, clothing, a prosthesis, a tattoo
- Details which, combined with the date and place of the incident, lead to identification
Stories not involving an offence
A child appearing in a story unconnected with any offence is outside Article 21. There the test is personality rights and data protection: under Article 24/2 of the Civil Code every attack on personality rights is unlawful unless justified by consent, by a superior private or public interest, or by the exercise of a power conferred by law. For a child, consent is exercised by the parent.
Even so, a frame that looks harmless today is permanent in the archive and may become the subject of a request when the child grows up. Taking consent in writing and defining its scope — which medium, for how long — protects the publisher.
Sanctions
A breach of Article 21 attracts a judicial fine; because the amounts in the Law are expressed in pre-2005 lira, the conversion rule in Article 5 of Law No. 5252 applies. In addition, under Article 13 of Law No. 5187, the author of the work together with the owner of the publication and their representative, if any, are jointly and severally liable for pecuniary and non-pecuniary damage.
Children pushed into crime are covered in the child offender guide and victim identities in the victim guide.