The condition that an intellectual worker reside in the place where the newspaper is published is the staff rule most often disputed in practice. The 1985 principle decision introduced a flexible standard of interpretation for that condition.
The Details of the Decision
| Field | Information |
|---|---|
| Decision number | 94 |
| Decision date | 16.08.1985 |
| Official Gazette date | 23.08.1985 |
| Official Gazette number | 18851 |
| Legal basis | Article 38 of Law No. 195 |
The Subject of the Decision
The application of 30 July 1985 by the Yeni Malatya newspaper published in Malatya, concerning the application of the provisions on minimum staff of General Assembly Decision No. 67 of 15 February 1977 taken by the General Assembly of the Press Advertisement Agency, was examined under Article 38 of Law No. 195 and a principle decision was reached.
The Text of the Decision
“In interpreting the condition in the second paragraph of Article 20 of the said General Assembly Decision that (those to be included in the minimum staff must not do any work requiring physical activity, even partly, outside their staff duty, and must reside in the place where the newspaper they work for is published), the decision-making organs must decide by taking into account the distance between the office of the newspaper and the place where the person concerned lives and the transport facilities, and by having regard to whether the duty is being performed appropriately and continuously.”
The Standard Introduced by the Decision
| Element | Content |
|---|---|
| The condition interpreted | That staff members reside in the place where the newspaper they work for is published |
| How “place” is interpreted | Taking into account the distance between the office of the newspaper and the place where the person concerned lives, and the transport facilities |
| The decisive question | Is the duty being performed appropriately and continuously? |
| Who decides | The decision-making organs |
The Reflection of the Decision in Force — Regulation Art. 18/3
The same approach has been preserved in the Official Announcements and Advertisements Regulation in force. (Amended: Official Gazette 10/12/2025-33103) — With the exception of the responsible manager, the other intellectual workers may reside outside the place of publication or the quota place, provided that they remain within the administrative boundaries of the same province and the neighbouring provinces, taking into account also the distance between the place where the place of publication or quota place is located and the place where they reside and the public transport facilities.
The Numbers Exempt from the Residence Condition — Regulation Art. 18/3
| Publication | Number of intellectual workers for whom the residence condition is not required |
|---|---|
| National newspapers | At most four |
| Internet news site — General Category | At most ten |
| Internet news site — Categories 1 and 2 | At most four |
| Internet news site — Categories 3 and 4 | At most two |
| Internet news site — Category 5 | One |
The Present-Day Counterpart of the Physical Activity Prohibition
The condition of “not doing any work requiring physical activity” referred to in Decision No. 67 of 1977 has today been replaced by Art. 18/2-d of the Regulation: intellectual workers must not engage in any commercial business from which they will derive a benefit and must not carry on any activity outside the profession of journalism.
The Binding Force of Principle Decisions — Law 195, 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.
Conclusion
General Assembly Principle Decision No. 94 of 16.08.1985 provides that the term “place” in the condition that those in the minimum staff reside in the place where the newspaper is published is to be interpreted by the standard of whether the duty is being performed appropriately and continuously, taking into account the distance between the office of the newspaper and the place where the person concerned lives and the transport facilities. The same approach has been preserved in Article 18/3 of the Regulation in force.