No — in defined circumstances it counts as advertising. General Assembly Principle Decision No. 34 of the Press Advertisement Agency (decided 18.05.1966, Official Gazette 15.06.1966 / 12323) held that certain announcements of public undertakings engaged in commercial activity are to be treated as advertising.
Where the decision came from
The decision was taken on a dispute between Turkish Airlines Inc. and Denizcilik Bankası Deniz Nakliyatı T.A.Ş. on the one hand and the Board of Directors of the Press Advertisement Agency on the other, as to whether the announcements of those undertakings published in various newspapers were to be treated as official announcements.
The General Assembly settled the matter by principle decision under Article 30 of Law No. 195.
What the decision says
According to the decision, the following announcements of those undertakings referred to in Article 29(b) of Law No. 195 that are engaged in commercial activity are treated as advertising:
| Sub-para. | Type of announcement |
|---|---|
| (a) | Announcements of interest to their customers, such as changes of address or telephone number, and announcements on other matters relating to their commercial activities |
| (b) | Announcements they have published in newspapers of their own choosing by determining the frame, columns and type size |
The two sub-paragraphs use two different criteria. (a) looks at the subject of the announcement: if it relates to commercial activity it is advertising. (b) looks at the way it is given: if the advertiser determines the publication and the measurements itself, it is advertising.
Why does that distinction exist?
Article 5(1)(b) of the Regulation on Official Announcements and Advertisements treats the announcements of public economic enterprises and of undertakings more than half of whose capital belongs to public legal persons as official announcements — but with an express reservation: announcements not of an advertising nature.
Decision No. 34 shows how that reservation is applied. Not every announcement of a public undertaking engaged in commercial activity is an official announcement; an announcement given for a commercial purpose is advertising despite the public character of the giver.
The definition of advertising in Article 6 supports this: content published for the purpose of obtaining a material or moral benefit, such as attracting custom for something or an idea, or for the purpose of promotion, is treated as advertising.
Treatment as an official advertisement
That an announcement is treated as advertising does not mean it can be given freely outside the Agency. Under Article 6(2) official advertisements are the advertisements given to periodicals by the offices and undertakings listed in Article 5(1)(b), by other institutions established by law or presidential decree, or by their subsidiaries.
The third paragraph determines the procedure: official advertisements are published through the Agency in periodicals holding the right to publish official advertisements, in accordance with the advertiser’s preference.
What the decision means today
The decision dates from 1966 and refers to the institutional structure of that time; the status of some of the organisations named has changed over the years. It should therefore be read not as a list of organisations but as a criterion.
The criterion it lays down still works: being a public undertaking does not by itself make an announcement official; what is decisive is the commercial or promotional nature of the announcement and the way it is given.
Conclusion
Announcements of public undertakings engaged in commercial activity that concern their customers and relate to their commercial activities, and announcements they give in newspapers of their own choosing by determining the frame, columns and type size, are treated as advertising (GA 34). This is the fundamental decision showing that not every announcement of a public body is an official announcement.
For examples in the opposite direction see the cooperative guide, the insurance guide and the foundation university guide.