Who bears criminal liability for a news report? The Law establishes it as a chain of steps.
When Is the Offence Committed? - Art. 11/1
An offence committed through printed works or internet news sites is committed at the moment of publication.
The Second Step: The Responsible Editor and the Authority to Whom They Are Attached - Art. 11/3
In periodicals, where one of the following four situations exists, liability passes to the responsible editor and to the authority to whom the responsible editor is attached, such as the publication director, the editor-in-chief, the editor or the press adviser:
| No. | Situation |
|---|---|
| 1 | The author not being known |
| 2 | The author not having criminal capacity at the time of publication |
| 3 | Their not being able to be tried in Turkey because they are abroad |
| 4 | The penalty to be imposed not affecting the penalty to which the author has been sentenced by a final judgment for another offence |
The Objection Exception
The Chain in Non-Periodicals - Art. 11/4
In non-periodicals, where one of the same four situations exists, liability passes in order:
| Order | Liable person | Condition |
|---|---|---|
| 1 | The author | The rule |
| 2 | The publisher | If one of the four situations exists for the author |
| 3 | The printer | Where the publisher is not known, does not have criminal capacity at the time of printing or cannot be tried in Turkey because they are abroad |
The Same Chain for Publications Contrary to the Law - Art. 11/5
The above provisions also apply to publications made without complying with the conditions required in this Law for periodicals and non-periodicals.
If the Responsible Editor Leaves - Art. 8/4
The Difference Between Criminal and Civil Liability
| Criminal - Art. 11 | Civil - Art. 13 | |
|---|---|---|
| Structure | In steps - in order | Joint and several |
| Who | As a rule the author; conditionally the responsible editor and the authority to whom they are attached | In a periodical the author + the owner of the publication + their representative where there is one |
| In a non-periodical | Author - publisher - printer | The author + the publisher; if the publisher is not known, the printer |
| The company | Not separately listed in the article | In joint stock companies the chair of the board of directors, in others the most senior manager, liable together with the company |
We cover civil liability in the who to sue guide.
The Prohibition of Conversion into Imprisonment
Article 28: 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.
We cover the detail in the conversion guide.
The Right Not to Disclose a Source - Art. 12
The owner of a periodical, the responsible editor and the author may not be compelled to disclose any source of news, including information and documents, or to give evidence on that subject.
We cover the detail in the source protection guide.
Summary
Under Art. 11 of Law No. 5187 an offence committed through printed works and internet news sites is committed at the moment of publication and, as a rule, the author is liable. Where the author is not known, does not have criminal capacity, is abroad or the penalty would be without effect, liability passes to the responsible editor and to the authority to whom they are attached. If the work was published despite their objection, liability belongs to the person who had it published. In non-periodicals the chain operates as author - publisher - printer.