In which situation is a publication suspended, and what happens if it is continued while suspended? Two articles are read together: Arts. 8 and 16.
How Is Publication Suspended? - Art. 8/1
Where the declaration and its annexes do not contain the necessary or true information, or where the owner of the publication, their representative or the responsible editor does not have the conditions in Arts. 5 and 6:
| Stage | Who | Period |
|---|---|---|
| 1. A request that the deficiency be remedied | The Chief Public Prosecutor's Office | Within two weeks of the filing of the declaration |
| 2. Remedying the deficiency | The owner of the publication | Two weeks from the date of notification of the request |
| 3. A request for suspension | The Chief Public Prosecutor's Office to the criminal court of first instance | If it is not complied with |
| 4. The decision | The criminal court of first instance | Within two weeks at the latest |
| 5. Objection | The parties | The route of urgent objection |
The Penalty - Art. 16
Where publication suspended by court decision under Article 8 is continued without filing a proper declaration or notifying the changes, the owner of the publication, the responsible editor and the authority to whom the responsible editor is attached are punished by a heavy fine of from one billion to fifteen billion lira. That penalty may not be less than five billion lira in regional periodicals and ten billion lira in national periodicals.
| Type of publication | Lower limit |
|---|---|
| General | One billion lira |
| A regional periodical | Five billion lira |
| A national periodical | Ten billion lira |
| Upper limit | Fifteen billion lira |
Three Liable Persons
- The owner of the publication
- The responsible editor
- The authority to whom the responsible editor is attached
It Does Not Apply to an Internet News Site
If an internet news site does not comply with Art. 8: the Chief Public Prosecutor's Office requests within two weeks that the deficiency be remedied; if the request is not complied with within two weeks, it applies to the criminal court of first instance for a determination that the character of an internet news site has not been acquired. The court decides within two weeks at the latest.
| Result | Content |
|---|---|
| If the application is accepted | The rights that may be obtained for internet news sites as to official announcements and advertisements and as to the press cards of their employees disappear |
| Other sanctions | The removal of the rights does not prevent the application of the sanctions provided under this Law and/or the relevant legislation |
We cover the detail in the internet news site declaration guide.
May It Be Converted 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. Art. 16 is outside those two exceptions - so it may not be converted.
We cover the detail in the conversion guide.
If the Responsible Editor Leaves
Art. 8/4: where the responsible editor leaves that duty, liability belongs to the owner of the publication or their representative until a new one is appointed.
Summary
Art. 16 of Law No. 5187 punishes the continuation, without filing a proper declaration or notifying the changes, of publication suspended by court decision under Art. 8. Those liable are the owner of the publication, the responsible editor and the authority to whom the responsible editor is attached. The sanction of suspension of publication is not applied as regards internet news sites; for them the route of a determination that the character of an internet news site has not been acquired is followed, and the official announcement and press card rights disappear.