The subparagraph binding court reporting. It contains two separate prohibitions.
The Two Prohibitions
| Prohibition | Criterion |
|---|---|
| Declaring someone guilty | Unless it has become final by a judicial decision - no one may be declared guilty or shown as if guilty |
| Affecting the trial | On matters that have reached the judiciary, not being of a nature affecting the judicial process and its impartiality during the trial, beyond the character of news |
The Sanction Tier
Subparagraph (i) is not in the heavy list in Art. 32/1; Art. 32/2 applies.
| Stage | Result |
|---|---|
| Breach | 1-3% of the gross commercial communication revenue of the preceding month - Art. 32/2 |
| Lower limit | Radio one thousand lira; television and on-demand ten thousand lira |
| More than twenty breaches in a year | The broadcast is suspended for up to five days - Art. 32/5 |
| Repetition / a second repetition | Suspension of five to ten days / revocation of the licence |
The Constitutional Ground
Art. 38/4 of the Constitution: no one may be considered guilty until proven guilty by a judgment. Art. 15/2 lists that guarantee among the core protected even in a state of emergency: no one may be considered guilty until proven so by a court decision.
The Counterpart in Printed Publishing
Art. 21 of Press Law No. 5187 governs the non-disclosure of identity and prohibits publication that will disclose the identity of, or lead to the recognition of, offenders or victims of an offence who are under eighteen years of age. Art. 20 punishes publications on events of sexual assault, murder and suicide that exceed the limits of giving news and may incite.
We cover the detail in the reporting on children guide.
A Publication Ban Is a Separate Matter
Under Art. 7/4 of Law No. 6112, where a broadcast is made contrary to the broadcast bans and restrictions imposed under Press Law No. 5187, the Supreme Council suspends the broadcasting of the programmes for one day; on repetition five days, on a second repetition fifteen days and on a third repetition revocation of the licence.
The Counterpart at TRT
There is no separate subparagraph on the presumption of innocence in Law No. 2954; but Art. 5/j (respect for the honour and dignity of persons) and Art. 5/k (impartiality and accuracy) cover that field. As a media service provider TRT is also subject to Art. 8/1-i of Law No. 6112.
A Court Reporting Checklist
- Were the correct legal descriptions used - "suspect", "accused", "alleged"?
- Has the decision become final? If not, was that stated?
- Do the edit, the language and the images create an impression of guilt?
- Does the presentation exceed the character of news and turn into affecting the trial?
- Is there a publication ban in the event by a judge's decision?
- Is there an offender or victim under 18?
Summary
Subparagraph 8/1-i of Law No. 6112 prohibits declaring anyone guilty, or showing them as if guilty, unless their guilt has become final by a judicial decision. In addition, on matters that have reached the judiciary, no broadcast may be made, beyond the character of news, of a nature affecting the judicial process and its impartiality. Its constitutional basis is Art. 38/4 and that guarantee may not be suspended even in a state of emergency.