There is no provision of Turkish law dealing specifically with street interviews. Yet the practical answer is still “yes”, because consent is one of the few grounds that render interference with personality rights lawful, and it is the easiest defence for journalism to prove.
The basis: Article 24 of the Civil Code
“Unless justified by the consent of the person whose personality right is injured, by a superior private or public interest or by the exercise of a power conferred by law, every attack on personality rights is unlawful.”
One of the three grounds suffices. Relying on public interest for a street interview is possible but arguable; consent is not. That is why editorial practice prefers consent.
When consent is valid
| Element | What is expected |
|---|---|
| Informed | The person knows for whom, in which medium and on what subject they are speaking |
| Defined in scope | For this story only, or for lasting use in the archive |
| Free | Not obtained under pressure or by misleading |
| Provable | Present on the recording or in writing |
Can footage be published without consent?
General footage of a crowd in which no one is singled out is in principle unproblematic. The problem begins when a person is brought into close-up and made the subject of the story. The only ground then available is public interest, and its sufficiency is assessed on the facts.
The audio dimension
An interview conducted in the street, in a public setting and with the person’s knowledge is not a “non-public conversation”. A recording made without the person’s knowledge is assessed differently: under Article 133/2 of the Criminal Code a person who records with an audio recording device a non-public conversation in which they take part, without the consent of the other speakers, is punished with six months to two years’ imprisonment or a judicial fine.
Children
For an interview with a child, consent is exercised by the parent. In addition, where the child is the offender or victim of an offence, the absolute prohibition in Article 21(c) of Law No. 5187 applies: no publication may disclose their identity or enable their recognition — and parental consent does not lift that ban.
The archive and later requests
Consent is given once but the footage stays in the archive. When a request to “take this video down” arrives years later, the scope of the original consent becomes decisive. Saying at the outset how long and in which media the consent extends protects the publisher.
- Archive the consent recording together with the footage.
- Record the date, place and consent status in the image metadata.
- Do not reuse footage for illustrative purposes where the scope of consent is unclear.
- When a removal request arrives, check the consent record and document your decision.
Liability
Liability for publication without consent is essentially in damages. Under Article 13 of Law No. 5187, for pecuniary and non-pecuniary damage arising from acts committed through printed works or online news sites, in periodicals the author of the work together with the owner of the publication and their representative, if any, are jointly and severally liable. Under Article 58 of Law No. 6098 non-pecuniary damages may be claimed, and under Article 25 of the Civil Code a declaration that the attack was unlawful, its cessation and publication of the judgment may also be sought.
The general rules for public places are covered in the public places guide and audio recording in the audio recording guide.