One of the shortest and firmest sentences of the Constitution: "The press is free and may not be censored." But what exactly does that prohibition cover?
The Text of the Prohibition
Art. 28/1 of the Constitution - The press is free and may not be censored. Establishing a printing house may not be made subject to permission or to the deposit of a financial guarantee.
What Does Censorship Mean? - Prior Interference
| When? | What happens? | Basis |
|---|---|---|
| Before publication | Censorship is prohibited; a printing house may not be made subject to permission and a financial guarantee | Art. 28/1 |
| Before publication | Periodical/non-periodical publication may not be made subject to prior permission and a financial guarantee | Art. 29/1 |
| After publication | Those who write, have printed, print and give are responsible under the provisions of the law | Art. 28/5 |
| Judicial measure | Preventing distribution and seizure - a judge's decision, the 24/48-hour rule | Art. 28/5, /7 |
The Two Faces of the Ban on Censorship
Art. 28/1 establishes two separate prohibitions and each protects something different:
- A content prohibition - may not be censored: there may be no prior interference with what the publication says.
- An activity prohibition - establishing a printing house may not be made subject to permission and a financial guarantee: no administrative barrier may be placed in the way of the publication existing.
The counterpart of the second on the publication side is Art. 29/1. We cover the detail in the Art. 29 guide.
The Exception: The Permission System in Broadcasting
Is a Publication Ban Censorship?
Art. 28/6 of the Constitution: for the proper fulfilment of the judicial task, within the limits to be stated by law, and subject to decisions given by a judge, no publication ban may be imposed on events.
The construction of the sentence is this: the rule is that no ban may be imposed. The exception depends on three conditions being met together:
| Condition | Content |
|---|---|
| 1. Purpose | The proper fulfilment of the judicial task |
| 2. Limit | Within the limits to be stated by law |
| 3. Authority | A decision given by a judge |
The State's Positive Obligation
Art. 28/3: the State takes the measures to secure freedom of the press and freedom of information. If the ban on censorship is an obligation not to act, that paragraph is an obligation to act.
The Repealed Paragraph
The second paragraph of Art. 28 was repealed by Art. 10 of Law No. 4709 of 3/10/2001. The same package of reforms added five new grounds of limitation to Art. 26/2, removed Art. 26/3 and amended Art. 31/2.
Summary
Art. 28/1 of the Constitution recognises press freedom and prohibits censorship absolutely; it also prohibits making the establishment of a printing house subject to permission and a financial guarantee. The prohibition concerns prior interference; post-publication responsibility is governed in Art. 28/5. Making radio, television and cinema transmissions subject to a system of permission is possible under Arts. 26/1 and 133. A publication ban on events, by contrast, may be imposed only for the purpose of the judicial task, within the limits to be stated by law and by a judge's decision.