The right of reply in TRT broadcasts is governed day by day in Article 27. No stage of the process exceeds two days.
The Two Situations in Which the Right Arises
Article 27 - In broadcasts:
- A person's honour and dignity being touched, or
- Matters untrue in respect of them appearing.
The Timetable - Step by Step
| Step | Who | Period | Subpara. |
|---|---|---|---|
| 1. Sending the text | The person concerned | 7 days from the date of broadcast | a |
| 2. Broadcasting it | TRT | 3 days from its receipt by the Directorate General | a |
| 3. Notification of refusal | The Directorate General | 2 days from the end of the three-day period | c |
| 4. Objection | The person concerned to the Ankara Magistrates' Criminal Judgeship | 2 days | d |
| 5. The judge's decision | The Ankara Magistrates' Criminal Judge | 2 days at the latest | e |
| 6. A second objection | The parties to the Ankara Criminal Court of First Instance | 2 days from notification | f |
| 7. Broadcast | TRT | 2 days at the latest from notification of the decision | g |
The Content of the Text - Subparagraph (b)
The correction and reply text briefly explains: that the character of the broadcast falls within the scope of the article, that a matter was attributed to them in the broadcast contrary to the truth or that their honour and dignity was touched, or what the truth is.
Grounds of Refusal - Subparagraph (c)
The Directorate General may refuse the request in the following situations:
- The text not complying with the provisions of this Law and of the Presidential Decree
- The text containing expressions in the nature of an offence
- The text being of a nature giving rise to a new right of correction and reply
What Does the Judge Examine? - Subparagraph (e)
The Ankara Magistrates' Criminal Judge examines the text in five respects:
- Whether it is in the nature of an offence
- Whether it is connected with the broadcast
- Whether it complies with the conditions written in this article
- Whether it is of a nature giving rise to a new right of correction and reply
- Whether it was sent to TRT within the period
A Convenience - Subparagraph (d)
The holder of the right may also submit their objection to the court of the place where they are, for transmission to the Ankara Magistrates' Criminal Judgeship. So you do not have to travel to Ankara.
Heirs and Legal Persons
- (h) The right of correction and reply of a person who dies without exercising it may be exercised by their heirs together or by whichever of them applies first.
- (i) The provisions of Notification Law No. 7201 apply to notifications.
- The provisions of this article also apply to correction and reply texts to be sent by private law legal persons.
A Separate Route for Opposition Parties
The political parties having a group in the Grand National Assembly but not included in the Government make their requests for correction and reply, on account of broadcasts directed at presenting Presidential activities, within three days of the date of broadcast before the Ankara Magistrates' Criminal Judgeship; subparagraphs (d), (e) and (f) apply.
Where It Does Not Apply
A Comparison
| Issue | Law No. 2954 Art. 27 (TRT) | Constitution Art. 32 |
|---|---|---|
| Situations in which the right arises | Touching honour and dignity; untruth | The same two situations |
| Period for the request | 7 days (from the date of broadcast) | Left to statute |
| Period for broadcasting | 3 days (from receipt of the text) | Left to statute |
| Judicial period | 2 days (Ankara Magistrates' Criminal Judgeship) | 7 days - from the date of application |
Summary
The right of reply in TRT broadcasts arises where a person's honour and dignity is touched or matters untrue in respect of them appear. The text is sent within seven days of the date of broadcast and is broadcast within three days of its receipt by the Directorate General. In the event of refusal an objection is made within two days to the Ankara Magistrates' Criminal Judgeship; the judge decides within two days. The decision of the Criminal Court of First Instance judge is final and the broadcast is compulsory within two days of notification.