The only body that decides whether a publication is to be treated as "harmful" is this Board. Its structure changed fundamentally in 2018.
The Board's Present Composition - Art. 2/4
(Amended fourth paragraph: 2/7/2018-Decree-Law No. 703/38) - The Board consists of five unit heads of the Ministry, one of them designated as chair by the Minister of Labour, Social Services and Family.
| Element | Provision |
|---|---|
| Number of members | Five unit heads |
| Who determines them? | The Minister |
| The chair | One designated by the Minister |
| Decision quorum | An absolute majority (Art. 2/6, Amended: Decree-Law No. 703/38) |
| Secretariat | A main service unit of the Ministry determined by the Minister (Art. 2/7, Amended: Decree-Law No. 703/38) |
A Second Duty: Official Expert Witness
Art. 2/3: in addition to the duties given to it by this Law, the Board is charged with acting as an official expert witness to the judicial organs in relation to the offences defined in Arts. 426, 427 and 428 of the Turkish Penal Code.
Special Expertise Commissions - Art. 2/9
Where the Board considers it necessary, special expertise commissions may be established to serve permanently or temporarily. The public personnel whom the Board considers suitable to serve on those commissions are assigned by the Ministry with the consent of the public institution concerned.
The Method of Work Is Left to a Regulation
Art. 2/8: the procedures and principles of the Board's work and the manner in which the secretariat services are to be performed are determined in a regulation to be issued by the Ministry.
The Board's Powers in Summary
| Power | Article |
|---|---|
| Giving a harmful publication decision | Art. 2/1 |
| Examining of its own motion or upon an application | Art. 3 |
| Notifying the decision to those concerned and taking measures to announce it at once | Art. 4/1 |
| Examining an objection made after three harmful publication decisions | Art. 4/7 |
| Acting as an official expert witness | Art. 2/3 |
| Establishing a special expertise commission | Art. 2/9 |
| Being the authority receiving the copies delivered | Art. 8 |
Summary
The Board for the Protection of Minors from Harmful Publications consists of five unit heads of the Ministry, one of them designated as chair by the Minister, and takes decisions by an absolute majority. Besides giving harmful publication decisions, the Board is also charged with acting as an official expert witness to the judicial organs in certain offences defined in the penal code. The structure changed in 2018 by Decree-Law No. 703 and the membership of the existing members ended.