Private announcements are free — but not as regards public bodies and the institutions established by law. Article 42 establishes that exception, and the notion of the Agency’s statutory customers arises from it in practice.
The Full Text of the Provision — Art. 42
(Amended: 14/6/1984-3022/1) — The announcements and advertisements that the offices and bodies referred to in sub-paragraph (b) of Article 29 and the other institutions established by law or by Presidential Decree, or their affiliates, will give to newspapers and magazines published in places where the Agency has a branch may only be published through the Press Advertisement Agency.
The announcements and advertisements referred to in the paragraph above that are not given by the Agency are not published, and brokers may not carry out any covert or open transaction or business whatsoever concerning those announcements and advertisements.
| Element | Content |
|---|---|
| Who | The offices and bodies in Art. 29/b — general and annexed budget offices, special provincial administrations, municipalities, villages, State Economic Enterprises and bodies more than half of whose capital belongs to public law legal persons |
| In addition | The other institutions established by law or by Presidential Decree and their affiliates |
| Where | Newspapers and magazines published in places where the Agency has a branch |
| Rule | May only be published through the Press Advertisement Agency |
| Sanction | Announcements not given by the Agency are not published; brokers may not carry out any covert or open transaction or business |
On Internet News Sites — Art. 45/A
(Added: 13/10/2022-7418/21) — The same rule applies to internet news sites: with the exception of those published in the Official Gazette, the official announcements whose publication is mandatory under laws, Presidential decrees and regulations, and the announcements and advertisements that the offices and bodies referred to in sub-paragraph (b) of Article 29, the other institutions established by law or by Presidential decree, or their affiliates will have published on internet news sites, are published only through the Press Advertisement Agency.
The Boundaries Clarified by Principle Decisions
| Subject | Decision | Result |
|---|---|---|
| Affiliates of State Economic Enterprises | GA Principle Decision 42 (14.02.1969, OG 11.06.1969–13220) | The announcements not of an advertising character of the affiliates in which the offices and bodies in Art. 29/b and the State Economic Enterprises and institutions subject to Law No. 440 hold more than 50% of the capital are regarded as official announcements |
| Merged institutions and affiliates | GA Principle Decision 70 (25.08.1978, OG 22.09.1978–16412) | Where the total of the capital shares in the new affiliates established by participation reaches the prescribed rate, those that were not obliged to go through the Agency because their capital shares remained below the rate in Art. 29/b are treated like the organisations within the scope of the provision |
| Vakıflar Bankası and Vakıf Emeklilik | GA Principle Decision 181 (21.11.2008, OG 26.11.2008–27066) | Because they are among the statutory customers of the Agency, their announcements and advertisements must be published through the Agency |
| Agricultural Producer Unions | GA Principle Decision 207 (21.06.2017, OG 29.06.2017–30109) | The Unions fall within the definition of other institutions established by law; their private announcements and official advertisements are published through the Branch Directorates of the Agency |
| Where another person pays the fee | GA Principle Decision 153 (17.11.2000, OG 22.11.2000–24238) | Even where the fee is paid by second or third persons, contractors, subcontractors or foundations, the announcement falls within the scope of Art. 42 by its material structure and nature |
What Happens if Another Person Pays the Fee? — GA 153
The fees of the announcements and advertisements to be published in periodicals in places where the Agency has a branch, prepared for such purposes as bearing the name, emblem or logo of, forming public opinion about, creating demand for the ideas of, announcing the activities of or marketing the products of, or issuing invitations to the openings, foundation-laying and other ceremonies of, the offices and bodies referred to in sub-paragraph (b) of Article 29 of Law No. 195 together with the institutions referred to in Article 42 or their affiliates, may be paid by others.
The decision also shows the application: the branches of the Press Advertisement Agency will have the announcements and advertisements published in the periodicals chosen, on the instructions of the owners of those announcements and advertisements, and will collect the fee from the persons and organisations that agree to pay it, over the private announcement and advertisement tariffs of the periodicals, and will issue the invoice in their name.
Sectoral Examples
- turkish-airlines-advertising-official-turkey
- foundation-university-advertising-turkey
- vakifbank-and-vakif-emeklilik-announcements-turkey
- announcements-of-state-economic-enterprise-affiliates-turkey
- announcements-of-merged-institutions-and-affiliates-turkey
- insurance-company-announcements-turkey
- mandatory-union-notices-in-newspapers-turkey
- cooperative-general-assembly-announcements-turkey
Conclusion
The offices and bodies in Art. 29/b, together with the other institutions established by law or by Presidential Decree and their affiliates, may have the announcements and advertisements they give to newspapers and magazines published in places where the Agency has a branch published only through the Press Advertisement Agency. Those announcements not given by the Agency are not published, and brokers may not carry out any covert or open transaction or business concerning them. The payment of the fee by third persons does not change that rule.