Reporting that a publication is under examination by the Board is prohibited. That provision comes from the original 1927 text and its language is that of the period.
The Full Text of the Article
Article 10 - No publication may be made in daily newspapers and magazines to the effect that any one of the works mentioned in Article 1 is being examined and will be restricted. The responsible editors of newspapers and magazines publishing such news are punished under Article 8. The penalty written in this law is imposed by the magistrates' courts.
Translating the Text into Today's Language
| The expression in the text | Its counterpart today |
|---|---|
| "tetkik edilmekte olduğuna" | That it is under examination |
| "tahdit edileceğine" | That it will be subjected to a limitation |
| "yevmi gazete ve mecmualarla" | In daily newspapers and magazines |
| "neşriyatta bulunulamaz" | No publication may be made |
| "müdiri mesuller" | Responsible editors |
| "sulh mahkemelerince hükmolunur" | Is imposed by the magistrates' courts |
The Scope of the Prohibition
The prohibition concerns two kinds of information:
- The information that a work is under examination,
- The information that a work will be subjected to a limitation.
Who Is Responsible?
The article determines responsibility directly: the responsible editors of newspapers and magazines. We cover the institution of the responsible editor in the starting a publication guide.
The Penalty and an Uncertainty of Reference
Together with Additional Article 3
Additional Art. 3: cases arising from the offences written in this Law are concluded within two months at the latest. That period also applies to cases within the scope of Art. 10. We cover the detail in the two-month period guide.
The Constitutional Framework
Art. 10 is a publication-ban provision. Art. 28/6 of the Constitution, for its part, says: 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 Reporter's Practical Question
| Situation | May it be published? |
|---|---|
| That a work is under examination by the Board | No - Art. 10 |
| That a work will be subjected to a limitation | No - Art. 10 |
| The decision given by the Board | The decision is announced to those concerned - Art. 4/1 |
| News and comment about the Law itself and how it works | The prohibition concerns the examination of a particular work |
Summary
Art. 10 of Law No. 1117 prohibits publication in daily newspapers and magazines to the effect that a work is under examination and will be subjected to a limitation. Responsibility lies with the responsible editors and the penalty written in the Law is imposed by the magistrates' courts. The prohibition does not cover the decision given by the Board and announced to those concerned.