The provisional articles of a statute govern the situation at the moment it enters into force. There are four provisional articles in Law No. 5187 and two of them still have practical importance.
Provisional Article 1: Notifying the Type of Publication - 2004
The owner and the responsible editor of periodicals being published before the date this Law entered into force must notify the type of their publication to the Chief Public Prosecutor's Office of the place where the place of management is located within thirty days of the date the Law entered into force.
| Element | Content |
|---|---|
| Who | The owner of the publication and the responsible editor |
| What | The type of the publication - national, regional or local |
| To where | The Chief Public Prosecutor's Office of the place where the place of management is located |
| Period | Thirty days |
| Penalty | A heavy fine of 500 million - 20 billion lira; not less than 2 billion lira in regional publications and 5 billion lira in national publications |
Provisional Article 2: Public Publications - 2004
The representatives and responsible editors of periodicals being published by public institutions and organisations before the date this Law entered into force bring the printing and publication of the periodical into conformity with the provisions provided in this Law within six months of the date the Law entered into force.
Provisional Article 3: The 2012 Clearance
(Added: 2/7/2012-6352/78) - Decisions on the confiscation, prohibition and prevention of the distribution and sale of printed publications given by courts, competent civil administrative authorities and other bodies up to 31/12/2011 become void of their own accord if a decision in the nature of a continuation of that prohibition is not obtained from the competent court within six months of the date of publication of this Law.
| Stage | Content |
|---|---|
| Scope | Decisions on confiscation, prohibition and the prevention of distribution and sale given up to 31/12/2011 |
| Given by | Courts, competent civil administrative authorities and other bodies |
| Condition | A decision in the nature of a continuation of the prohibition not being obtained from the competent court within six months |
| Result | The decision becomes void of its own accord |
| Information and evidence | Conveyed by the police to the competent Chief Public Prosecutor's Office within two months |
| Notification | A copy of the decisions taken by the courts is sent to the Ministry of the Interior |
Provisional Article 4: Internet News Sites - 2022
(Added: 13/10/2022-7418/18) - Internet news sites operating before the date this article entered into force must fulfil their obligations provided in this Law within three months of the date this article entered into force.
Second paragraph: press cards duly issued before the date this article entered into force continue to be valid provided they meet the conditions in additional Article 3.
| Issue | Period / rule |
|---|---|
| Date of entry into force | 18/10/2022 |
| Existing internet news sites | Fulfilling the obligations within three months |
| Existing press cards | Continue to be valid provided they meet the conditions in additional Art. 3 |
The Obligations Compliance Covers
- Filing a declaration (Art. 7)
- The imprint and date information (Art. 4)
- Appointing a responsible editor (Art. 5)
- Two-year retention of content (Art. 10)
- The infrastructure of the right of reply - a one-day period and a URL link (Art. 14)
We cover the checklist in the compliance checklist.
Entry into Force and Execution
| Article | Provision |
|---|---|
| 31 | This Law enters into force on the date of its publication. |
| 32 | The provisions of this Law are executed by the Council of Ministers. |
The List of Amendments
According to the list at the end of the text of the Law:
| Amending law | Articles amended | Entry into force |
|---|---|---|
| 6352 | 19, 26, Provisional Article 3 | 5/7/2012 |
| 7418 | 1, 2, 4, 7, 8, 10, 11, 13, 14, 15, 17, 18, 20, 21, 26, 27, Additional Articles 1-8, Provisional Article 4 | 18/10/2022 |
Summary
There are four provisional articles in Law No. 5187. Provisional Arts. 1 and 2 provided compliance periods of thirty days and six months for publications existing in 2004. Provisional Art. 3 made confiscation and prohibition decisions given up to 31/12/2011 void of their own accord where no decision of continuation was obtained within six months. Provisional Art. 4 gave existing internet news sites a three-month compliance period and provided that press cards issued earlier remain valid provided they meet the conditions in additional Art. 3.