Starting a publication is not the business of a single statute. Newspapers and magazines are governed by Press Law No. 5187, radio and television by Law No. 6112, the official announcement side by Law No. 195 and Press Advertising Agency decisions, and press cards by the Press Card Regulation. This guide answers the questions on the basis of the official texts of those four sources.
First, Settle This: Which Regime?
Most of the answers follow from this distinction. The print press and news sites are in a notification regime; radio and television are in a licensing regime.
| Publication | The door | Authority | Basis |
|---|---|---|---|
| Newspaper, magazine | A declaration | The public prosecutor's office | Law No. 5187 Art. 7 |
| News agency | A declaration | The public prosecutor's office | Law No. 5187 Arts. 2/c, 7 |
| Internet news site | A declaration | The public prosecutor's office | Law No. 5187 Art. 7 - brought within scope by Law No. 7418 |
| Radio | A broadcasting licence | RTUK | Law No. 6112 Arts. 19, 27 |
| Television | A broadcasting licence | RTUK | Law No. 6112 Arts. 19, 26, 27 |
| On-demand service (VOD) | A broadcasting licence | RTUK | Law No. 6112 Arts. 19, 29/A |
| Radio/TV solely over the internet | A broadcasting licence | RTUK | Law No. 6112 Art. 29/A |
Key Periods
| Period | Subject | Basis |
|---|---|---|
| The same day | The printer delivering two copies to the prosecutor's office | Law No. 5187 Art. 10 |
| 1 day | Publishing a reply and correction on an internet news site | Law No. 5187 Art. 14 |
| 3 days | Publishing a reply and correction in a daily periodical | Law No. 5187 Art. 14 |
| 5 days | Sending one copy of each issue to the regional directorate + DES | Press Card Reg. Art. 15 |
| 15 days | The journalist contract and termination declaration | Law No. 5953 Art. 9 |
| 2 weeks | Curing a declaration deficiency / notifying a change | Law No. 5187 Art. 8 |
| 1 month | Notifying a memorandum amendment in a media company | Law No. 6112 Art. 19 |
| 4 months | The period to bring proceedings for daily publications and news sites | Law No. 5187 Art. 26 |
| 6 months | The period to bring proceedings for other printed works | Law No. 5187 Art. 26 |
| 1 year | No publication after the declaration - the declaration lapses | Law No. 5187 Art. 9 |
| 2 years | The content archive of a news site | Law No. 5187 Art. 10 |
| 3 years | Interrupting publication - the declaration lapses | Law No. 5187 Art. 9 |
| 10 years | The broadcasting licence period | Law No. 6112 Art. 27 |
1. The Declaration and Setting Up
2. Internet News Sites
- must-an-internet-news-site-file-a-declaration-turkey
- what-counts-as-an-internet-news-site-in-turkey
- is-a-blogger-a-journalist-under-turkish-law
- is-a-youtube-channel-an-internet-news-site-turkey
- how-long-internet-news-site-content-must-be-retained-turkey
- changing-the-domain-of-a-turkish-news-site
The Law does not define "internet news site"; the definition is in Art. 4 of the Press Card Regulation: "a periodical established and operated for the purpose of presenting, at particular intervals in the internet environment, written, visual or audio content in the nature of news or comment."
3. The Imprint and the Responsible Editor
4. Delivery, Archive and Copies
5. Radio, Television and Licensing
- how-to-start-a-radio-station-in-turkey
- licences-needed-to-start-a-television-channel-turkey
- how-long-a-turkish-broadcasting-licence-lasts
- can-a-turkish-broadcasting-licence-be-transferred
- foreign-ownership-limits-in-turkish-media-companies
- do-you-need-an-rtuk-licence-to-stream-online-turkey
- are-podcasts-regulated-by-rtuk-turkey
- how-to-get-a-vod-licence-in-turkey
| The limit in Law No. 6112 Art. 19 | Value |
|---|---|
| Company type | A joint stock company formed exclusively for broadcasting |
| Number of services | One company: one radio + one TV + one on-demand |
| Shares | Registered; usufruct and privileged shares prohibited |
| Terrestrially licensed organisations one may hold | At most four |
| Share of commercial communication revenue | May not exceed 30% of the sector |
| Foreign capital share | May not exceed 50% of the paid-in capital |
| Direct holdings by one foreigner | At most two organisations |
| Those who cannot hold a licence | Political parties, trade unions, professional organisations, cooperatives, unions, associations, local authorities, capital market institutions |
6. Name, Type and Closure
- can-a-turkish-newspaper-change-its-name
- what-to-notify-when-a-turkish-newspaper-closes
- national-regional-and-local-publication-types-turkey
- can-a-publication-type-be-changed-later-turkey
| Type | The definition in Art. 2 of Law No. 5187 |
|---|---|
| National | A periodical printed under the same name by a single press organisation and published in at least 70% of the country, with at least one province in every geographical region |
| Regional | A periodical printed by a single press organisation and published in at least three neighbouring provinces or in at least one geographical region |
| Local | Periodicals published in a single settlement, together with national and regional publications appearing weekly or at longer intervals |
7. Printing, Pages and Price
- must-a-turkish-newspaper-be-printed-at-a-press
- does-a-digital-press-count-as-a-printing-house-turkey
- must-a-newspaper-be-printed-where-it-is-published-turkey
- minimum-page-count-for-a-turkish-newspaper
- is-a-turkish-newspaper-free-to-set-its-cover-price
The bases for this section are Press Advertising Agency General Assembly decisions: Principle Decision No. 176 (11/08/2006, Official Gazette 26262) provides that desktop digital printing machines cannot count as printing house presses, and Principle Decision No. 141 (16/08/1996, Official Gazette 22735) determines when the place-of-printing condition is relaxed.
8. The Limits of a Periodical
9. Suspension, Seizure and Distribution
- when-can-publication-be-suspended-in-turkey
- can-a-turkish-newspaper-be-seized
- remedies-when-a-newspapers-distribution-is-blocked-turkey
| Measure | Authority | Scope | Basis |
|---|---|---|---|
| Seizure as evidence | The public prosecutor (law enforcement where delay is prejudicial) | At most three copies | Law No. 5187 Art. 25/1 |
| Seizure of the whole run | A judge | For the offences listed in the article | Law No. 5187 Art. 25/2 |
| Ban on distributing a foreign publication | A magistrate | Where there is strong evidence - the 24/48-hour procedure | Law No. 5187 Art. 25/3 |
| Suspension of publication | The criminal court of first instance | A declaration deficiency | Law No. 5187 Art. 8 |
| Temporary closure | A court | On conviction | Constitution Art. 28 |
| Seizure of press equipment | - | Cannot be done on the ground of being an instrument of crime | Constitution Art. 30 |
Penalty Floors Vary by Publication Type
| Article | Act | Does the floor rise with the type? |
|---|---|---|
| Art. 15 | Not showing the mandatory information (the imprint) | Yes |
| Art. 16 | Continuing a suspended publication | Yes |
| Art. 17 | Failing the delivery and retention duty | No |
| Art. 18 | Not complying with a correction and reply decision | Yes |
| Art. 20 | Encouraging sexual assault, murder and suicide | Yes - news sites included |
| Art. 21 | Disclosing identity | Yes - news sites included |
| Art. 22 | Preventing publication, distribution or sale | Imprisonment is provided for |
| Art. 23 | Breach of the distribution duty | Ten times the total value of the publication avoided |
| Art. 24 | Republishing without citing the source | A fixed band |
Art. 28 contains a safeguard: apart from the offences in Arts. 18 and 22, fines imposed for the offences provided for in this Law cannot be converted into custodial sentences.
Tools and Templates
- periodical-publication-declaration-turkey - the seven items in Art. 7 of Law No. 5187 with their basis.
- news-website-imprint-template-turkey - the six mandatory items in Art. 4 as structured fields.
- news-website-compliance-checklist-turkey - declaration, imprint, date stamp, archive and right of reply in one list.
- newspaper-surface-area-calculation-turkey - page width x height x page count; the input for the quota and fee calculations.
- turkish-press-card-quota-calculator - how many people can get cards by publication type and surface area.
Other Main Guides
| Guide | Scope |
|---|---|
| journalist-employment-rights-turkey | The Law No. 5953 regime: contract, wages, bonus, overtime, leave, notice and severance |
| turkish-press-card-guide | Card types, conditions, quotas, application and cancellation |