The Press Law, the RTUK legislation, the press card regulation - all of them rest on a single text. Arts. 25 to 32 of the Constitution draw the framework of press freedom; Art. 13 governs how a limitation is to be made, and Arts. 41 and 133 govern particular fields. This guide gathers eighteen headings in one place.
The Chain of Press Freedom
| Article | What does it govern? | Is there a ground of limitation? |
|---|---|---|
| Art. 25 | Thought and opinion - holding it and staying silent | No - under Art. 15 it may not be suspended even in a state of emergency |
| Art. 26 | Expression and dissemination; receiving and imparting news or ideas | Yes - eleven grounds in the second paragraph |
| Art. 27 | Science and art; research of every kind | Yes - the purpose of changing Arts. 1, 2, 3; foreign publications |
| Art. 28 | Press freedom, the ban on censorship, measures | Refers to Arts. 26 and 27 for the grounds |
| Art. 29 | The right to publish periodicals and non-periodicals | The prohibition of prior permission and a guarantee |
| Art. 30 | The protection of press equipment | The ground of "an instrument of an offence" is prohibited |
| Art. 31 | Using mass communication facilities | Four grounds - national security, public order, public morals, health |
| Art. 32 | The right of correction and reply | Limited to two situations |
1. The General Framework of Limitation
Article 13: fundamental rights and freedoms may be limited only by law and on the grounds stated in the relevant articles of the Constitution, without touching their essence. Those limitations may not be contrary to the letter and spirit of the Constitution, to the requirements of the democratic order of society and of the secular Republic, and to the principle of proportionality.
2. The Layers of the Freedom
- article-25-of-the-turkish-constitution-freedom-of-thought-and-opinion
- article-26-of-the-turkish-constitution-freedom-of-expression
- article-27-of-the-turkish-constitution-freedom-of-science-and-art
- article-28-of-the-turkish-constitution-freedom-of-the-press
The second sentence of Art. 26/1 is the reporter's foundation: that freedom also includes the liberty to receive or impart news or ideas without interference by official authorities.
3. Starting a Publication and the Equipment
- article-29-of-the-turkish-constitution-the-right-to-publish
- article-30-of-the-turkish-constitution-protection-of-press-equipment
- can-press-equipment-be-seized-in-turkey
- the-ban-on-censorship-in-the-turkish-constitution
| Prohibition | Text | Article |
|---|---|---|
| Censorship | The press is free and may not be censored | Art. 28/1 |
| Permission and a guarantee for a printing house | Establishing a printing house may not be made subject to permission or to the deposit of a financial guarantee | Art. 28/1 |
| Prior permission for a publication | Periodical or non-periodical publication may not be made subject to prior permission or to the deposit of a financial guarantee | Art. 29/1 |
| Seizing equipment on the ground of "an instrument of an offence" | A printing house and its annexes and press equipment may not be confiscated or forfeited, or barred from operation | Art. 30 |
| A publication ban on events | Subject to decisions given by a judge, no publication ban may be imposed | Art. 28/6 |
The 24/48-Hour Rule
In tying an administrative measure to judicial review the Constitution uses the same pattern in three places:
| Measure | Article | Notification | Approval |
|---|---|---|---|
| Interference with communication | Art. 22/2 | 24 hours | 48 hours - otherwise the decision is lifted of its own accord |
| Preventing distribution | Art. 28/5 | 24 hours | 48 hours - void if not approved |
| Seizure | Art. 28/7 | 24 hours | 48 hours - void if not approved |
4. Personality Rights and the Right of Reply
- article-32-of-the-turkish-constitution-the-right-of-reply
- article-22-of-the-turkish-constitution-freedom-of-communication
- press-freedom-versus-personality-rights-in-turkey
Article 32: the right of correction and reply is recognised only where a person's dignity and honour has been touched or where publications untrue in respect of them have been made. If it is not published, a judge decides whether or not it should be published within seven days at the latest from the date of the application by the person concerned.
5. Public Service Broadcasting and the Protection of Children
- article-31-of-the-turkish-constitution-access-to-mass-media
- article-133-of-the-turkish-constitution-rtuk-and-broadcasters
- article-41-of-the-turkish-constitution-family-and-childrens-rights
Art. 133/3: the autonomy of the sole radio and television institution established by the State as a public legal person, and of the news agencies aided by public legal persons, and the impartiality of their broadcasts, are fundamental. RTUK, in turn, consists of nine members and its members are elected by the plenary of the Grand National Assembly.
6. The International Dimension and the Individual Application
- article-10-echr-and-turkish-press-law
- individual-application-to-the-turkish-constitutional-court-for-journalists
Art. 90/5 (Added sentence: 7/5/2004-5170/7): in disputes that may arise because international agreements on fundamental rights and freedoms duly put into force and statutes contain different provisions on the same subject, the provisions of the international agreement prevail.
Art. 148 (Added paragraph: 7/5/2010-5982/18): everyone may apply to the Constitutional Court alleging that any one of their fundamental rights and freedoms guaranteed in the Constitution and falling within the scope of the European Convention on Human Rights has been violated by a public authority. The precondition is that the ordinary legal remedies have been exhausted.
From the Constitution to the Statute
Every constitutional provision has a statutory counterpart. To follow the chain:
| Constitution | Statutory counterpart | Guide |
|---|---|---|
| Arts. 28, 29, 30, 32 | Press Law No. 5187 | starting-a-media-outlet-in-turkey |
| Art. 29/3 - the principles of the journalism profession | Law No. 5953 | journalist-employment-rights-turkey |
| Art. 26/1 last sentence, Art. 133 | Law No. 6112 | rtuk-and-broadcasting-questions |
| Art. 29/4 - equal access to public facilities | BIK Law No. 195 | turkish-news-agencies-and-support-legislation |
| Art. 74 - the right to information | Law No. 4982 | copyright-data-protection-and-access-to-information-in-turkish-news |
2001 and 2010: Two Turning Points
| Year | Law | Its effect on press law |
|---|---|---|
| 2001 | Law No. 4709 | Art. 13 was rewritten (proportionality); five new grounds of limitation were added to Art. 26/2; Arts. 26/3 and 28/2 were repealed; Arts. 22 and 31/2 were amended |
| 2004 | Law No. 5170 | Art. 30 took its present form; the sentence on the precedence of agreements was added to Art. 90 |
| 2010 | Law No. 5982 | The individual application was added to Art. 148; the children's rights paragraphs were added to Art. 41; the paragraph "everyone has the right to information" was added to Art. 74 |
| 1993 / 2005 | Laws No. 3913 / No. 5370 | Art. 133 freed broadcasting (1993); the RTUK paragraph was added (2005) |
Other Main Guides
| Guide | Scope |
|---|---|
| turkish-press-card-guide | Card types, conditions, commission, quotas, cancellation |
| journalist-employment-rights-turkey | The Law No. 5953 regime: contract, wages, leave, notice and severance |
| starting-a-media-outlet-in-turkey | Declaration, imprint, responsible editor, delivery, archive, licensing |
| turkish-media-ancillary-legislation-map | Legal deposit, printing houses, elections, service, the levy, transmission, advertising |
| copyright-data-protection-and-access-to-information-in-turkish-news | Quotation, source attribution, reader data and freedom of information |
| turkish-news-agencies-and-support-legislation | Agency conditions, Anadolu Agency, the Promotion Fund and the 2018 alignment package |
| working-as-a-foreign-journalist-in-turkey | Work permits, residence, card types, the letter of introduction, customs |
| the-turkish-directorate-of-communications-organisation-and-powers | Presidential Decree No. 14, the service units, 19 regional directorates, CIMER, the Promotion Fund and the personnel regime |