One of the most concrete guarantees the Law provides to the press is contained in a single-sentence article.
The Full Text of the Article
Article 28 - Apart from the offences in Articles 18 and 22, the fines imposed for the offences provided for in this Law may not be converted into a penalty restricting liberty.
The Rule and the Exceptions
| Article | Subject | May it be converted? | |
|---|---|---|---|
| Exception 1 | Art. 18 | Not publishing a correction and reply | Yes |
| Exception 2 | Art. 22 | Obstructing, destroying and damaging printed works | Yes |
| The rule | All the other articles | - | No |
The Articles Covered by the Prohibition
- Art. 15 - not showing the compulsory information (publication without an imprint)
- Art. 16 - continuing to publish a suspended publication
- Art. 17 - not complying with the delivery and preservation obligation
- Art. 20 - incitement to sexual assault, murder and suicide
- Art. 21 - non-disclosure of identity
- Art. 23 - breach of the duty to distribute
- Art. 24 - republication without citing the source or without permission
- Provisional Art. 1 - not notifying the type of publication
Why Those Two Exceptions?
Arts. 18 and 22 are the two provisions of the Law that protect press freedom:
| Article | Whom does it protect? |
|---|---|
| Art. 18 | The holder of the right of reply - the responsible editor who does not comply with a final judicial decision is punished |
| Art. 22 | The publisher - the person who obstructs the publication, destroys it or prevents its printing by violence and threat is punished |
Art. 22 Already Provides for Imprisonment
Art. 22 also directly provides for imprisonment: up to one year in the first paragraph and up to two years in the second. We cover the detail in the obstruction guide.
In Which Offences Is There Imprisonment?
The Other Procedural Features of Press Cases
| Issue | Rule | Article |
|---|---|---|
| The period for bringing an action | Four months for daily periodicals and internet news sites; six months for other printed works - a condition of prosecution | Art. 26 |
| The competent court | Those among the matters of the assize courts in the assize courts, the others in the criminal courts of first instance | Art. 27 |
| More than one chamber | The cases are heard in the court numbered two | Art. 27/2 |
| Character | Those cases are deemed urgent matters | Art. 27/3 |
| Conversion | Prohibited - apart from Arts. 18 and 22 | Art. 28 |
| Notification | The place of management of the periodical is deemed the place of residence | Art. 29 |
We cover the periods in the filing deadline guide and the competent court in the competent court guide.
Summary
Under Art. 28 of Law No. 5187, apart from the offences in Arts. 18 and 22, the fines imposed for the offences provided for in this Law may not be converted into a penalty restricting liberty. The two articles kept as exceptions are the provisions protecting the holder of the right of reply and the publisher. The only article in the Law directly providing for imprisonment is Art. 22.