The framework statute of the official announcement regime in Turkey is Law No. 195 of 2/1/1961 on the Establishment of the Press Advertisement Agency. The Law governs the organisation and revenues of the Agency, the definition of an official announcement, the principles of distribution, the regime for private announcements and brokerage, and the sanctions. This guide covers the system under 47 headings.

The Skeleton of the Law

PartArticlesSubject
General provisionsArts. 1–3Establishment, duties, headquarters and branches
Administrative provisionsArts. 4–14Organisation, the General Assembly, the auditors, the Board of Directors, the Directorate General, the branches, government supervision
Financial provisionsArts. 15–28Capital, return of shares, revenues, the reserve fund, allocation, borrowing, credit, the commission fee, the accounts
Official announcementsArts. 29–39Definition, the deciding authority, publication, distribution, service by publication, qualities, duties, the list, objections, the price tariff
Private announcements and advertisementsArts. 40–45Definition, freedom, the exception, the method of publication, brokers, notification of the tariff
Internet news sitesArt. 45/AAdded in 2022 — scope and principles
Miscellaneous provisionsArts. 46–55The distinguishing word, control, the payroll record, sanctions, penal provisions, service of notice, the regulation
ProvisionalProvisional Arts. 1–9Establishment, capital, membership, internet news sites

1. The Press Advertisement Agency

Art. 1: the Agency has public legal personality. Art. 3: the headquarters of the Agency is İstanbul. A branch is opened in Ankara, İstanbul and İzmir and in the other places where it is considered necessary.

OrganCompositionProvision
General Assembly42 members — 14 representatives from each of three sub-paragraphs, for 2 yearsArt. 5
Auditors3 auditors — by the General Assembly from among its own membersArt. 9
Board of Directors6 elected members + the Director General; 4 affirmative votes for a decisionArt. 10
Directorate GeneralThe Director General together with officials and employeesArt. 12
BranchesThe local organisations of the Directorate GeneralArt. 13

2. The Official Announcement

Art. 29: announcements not bearing the character of advertising whose publication is mandatory under a law, a Presidential Decree or a regulation (private associations excepted), or that are given by general and annexed budget offices, special provincial administrations, municipalities, villages and State Economic Enterprises and by bodies more than half of whose capital belongs to public law legal persons, are regarded as official announcements.

3. The Qualities and Duties of Newspapers

Art. 34: the qualities of the periodicals to which official announcements are to be given are determined by the General Assembly in respect of content, the number and size of pages, the staff, actual sales and the minimum period of publishing life. The detailed rules are in the guide to the right to publish official announcements.

4. The Price Tariff and Payment

Art. 39: the price tariff for official announcements is determined by the President upon the proposal of the General Assembly of the Press Advertisement Agency and is published in the Official Gazette.

5. Private Announcements, Advertisements and Brokerage

CommissionWho takes itRateBasis
Agency commissionThe Press Advertisement Agency15%Law 195, Art. 24; Regulation Art. 116
Broker commissionThe announcement and advertising brokerAt most 25%Law 195, Art. 44
Dealer commissionThe newspaper dealerAt most 40% together with the subscription discountRegulation Art. 43/2

6. Press Ethics Principles and Sanctions

Against decisions under Art. 49, an objection is made within 10 days of notification to the Civil Court of First Instance in the place where the Directorate General of the Agency is located; the simplified procedure is applied and the decision to be given is final.

7. Credit, Lending and Aid

DutyWho benefitsTermProvision
CreditPeriodicals participating in the administration, press associations and trade unionsAt most 5 yearsArt. 2/2
LendingThose working intellectually or physically in the pressA term not exceeding 2 yearsArt. 2/3
AidMembers of the press in need of assistance and the families of those who have died—Art. 2/5
Assistance to trade unions/associationsThe trade unions and associations of press workersAt least 5% of the annual net profitArt. 8/4

8. Principle Decisions on Printing and the Staff

Art. 30/3: the principle decisions that the General Assembly takes on this subject in that way or of its own motion are final and are published in the Official Gazette.

9. Principle Decisions on Sectoral Announcements

DecisionDateSubject
4214.02.1969The announcements not of an advertising character of SEE affiliates are official announcements
7025.08.1978Where the total of the shares in merged affiliates reaches the threshold, they fall within the scope
9416.08.1985The residence condition in the staff is interpreted by reference to distance and transport facilities
15317.11.2000Even where another person pays the announcement fee, it falls within the scope of Art. 42
17125.05.2005Company partners may not appear in the minimum intellectual worker staff
18121.11.2008Vakıflar Bankası and Vakıf Emeklilik are statutory customers of the Agency
20721.06.2017The Agricultural Producer Unions are among the other institutions established by law

10. Public and Affiliate Announcements

11. Practice

Quick Reference: The Critical Periods and Rates

MeasureSubjectProvision
15%The Agency commissionLaw 195, Art. 24; Regulation Art. 116
At most 25%The broker commissionLaw 195, Art. 44
At least 5%Assistance to trade unions and associations — from the annual net profitLaw 195, Art. 8/4
Once every 3 monthsThe General Assembly meetingLaw 195, Art. 6
15 days in advanceNotification of the General Assembly meetingLaw 195, Art. 6
4 affirmative votesThe decision quorum of the Board of DirectorsLaw 195, Art. 10
1 weekThe decision of the Board of Directors on an objection to non-inclusion in the listLaw 195, Art. 37/2
10 daysObjection to a decision under Art. 49 to the Civil Court of First InstanceLaw 195, Art. 49
The first 15 daysDelivery of the annual payroll recordLaw 195, Art. 48
Three-monthly periodsNotification of the private announcement tariff — 15 days before the start of the periodLaw 195, Art. 45
The day of publicationDelivery of 2 copies of the issues carrying announcements to the branchLaw 195, Art. 47
At least once a yearGovernment supervisionLaw 195, Art. 14
Within 2 months at the latestPublication of the accounts in the Official GazetteLaw 195, Art. 26
6 months’ noticeA newspaper/magazine owner taking back the participation shareLaw 195, Art. 16

The Other Main Guides

GuideScope
the-right-to-publish-official-announcements-in-turkeyThe waiting period, the staff, content, sales, traffic, indicators and the quota
official-announcements-questions-turkeyThe official announcement questions most often asked in practice
turkish-press-law-no-5187-article-by-articleDefinitions, the imprint, the declaration, liability, the right of reply, penalties
the-constitutional-basis-of-press-freedom-in-turkeyConstitution Arts. 13, 22, 25–32, 41, 90, 133 and 148
rtuk-legislation-law-no-6112-turkeyThe 24 broadcasting principles, commercial communication, licensing, sanctions
trt-legislation-law-no-2954-turkeyBroadcasting principles, the right of reply, liability, the levy
harmful-publications-and-child-protection-in-turkeyLaw No. 1117, the Board, the stamp, sale in envelopes, reporting on children
copyright-data-protection-and-access-to-information-in-turkish-newsQuotation, attribution, reader data and access to information
turkish-media-ancillary-legislation-mapLegal deposit, printing houses, elections, service, the levy, transmission, advertising
the-turkish-directorate-of-communications-organisation-and-powersPresidential Decree No. 14, the service units, 19 regional directorates, CIMER
working-as-a-foreign-journalist-in-turkeyWork permits, residence, card types, the letter of introduction, customs