The most used article of Turkish press law. All the periods an editor needs to know are in that article.
In Which Situations Does the Right Arise?
Where a publication infringing the honour and dignity of persons, or contrary to the truth in respect of persons, is made in periodicals, the person injured by it may send a correction and reply text.
| Situation | Criterion |
|---|---|
| A publication infringing honour and dignity | Content directed at the person and damaging to their honour |
| A publication contrary to the truth about persons | Untruth - not displeasure |
The Qualities the Text Must Have
The text to be sent must:
- Not contain an element of an offence
- Not be contrary to the legally protected interests of third persons
The Periods - Printed Publication
| Stage | Period | Who |
|---|---|---|
| The request | Two months from the date of publication | The injured party |
| Publication in a daily periodical | Within three days at the latest of the date they received the text | The responsible editor |
| In other periodicals | The first issue after three days from the date they received the text | The responsible editor |
| Application to the judge | Fifteen days - from the end of the period for publication or from the date of the publication contrary to the conditions | The person requesting |
| The magistrates' criminal judge's decision | Three days - without holding a hearing | The judge |
| Urgent objection | Against the decision | The parties |
| Examination of the objection | Three days - the decision is final | The competent authority |
A Different Period for an Internet News Site
The same addition: where a decision blocking access and/or removing the content is applied to the publication, or the content is removed of its own accord, the correction and reply text is published on the internet news site concerned for a period of one week, with the first twenty-four hours on the home page.
| A printed periodical | An internet news site | |
|---|---|---|
| Period for publication | Three days in a daily; in others the first issue after three days | One day |
| Additional obligation | The same page and column, the same font size | The same page and column, the same font size + a URL link |
| If the content has been removed | - | The first 24 hours on the home page, for a period of one week |
How Is It Published?
The responsible editor must publish the text without any correction or addition, on the page and in the columns where the relevant publication appeared, in the same font size and in the same way.
The Length of the Text - Art. 14/2
The correction and reply states the work that gave rise to it. The correction and reply may not be longer than the writing concerned. Where the work giving rise to the correction and reply is a writing, picture or cartoon of fewer than twenty lines, the correction and reply may not exceed thirty lines.
We cover the detail in the formal requirements guide.
The Periods Starting Again - Art. 14/6
Where publication of the correction and reply is decided by the judge, the periods in the first paragraph start from the date the decision became final if there was no objection to the decision of the magistrates' criminal judge, and from the date of notification of the decision of the competent authority if there was an objection.
Heirs - Art. 14/7
Where the person holding the right of correction and reply dies, that right may be exercised by one of the heirs. In that case one month is added to the two-month period for the right of correction and reply in the first paragraph.
The Consequence of Not Publishing
We cover the detail in the penalty guide.
The Constitutional Ground
Art. 32/2 of the Constitution: if the correction and reply is not published, a judge decides whether or not it should be published within seven days at the latest from the date of the application by the person concerned. The Law has reduced that period to three days.
We cover the detail in the Art. 32 guide.
Summary
Under Art. 14 of Law No. 5187, where a publication infringing honour and dignity or contrary to the truth is made, the injured party may send a correction and reply text within two months of the date of publication. The responsible editor must publish it without any correction or addition, within three days in daily publications and within one day in internet news sites, on the same page and in the same font size. If it is not published, an application is made to the magistrates' criminal judge within fifteen days; the judge decides within three days without holding a hearing.