Law No. 195 divides announcements into three categories: official announcements, private announcements and advertisements. The legal consequence of the distinction is considerable — it determines which announcement is to be published through the Agency.
The Private Announcement — Art. 40/1
Announcements that are not regarded as official and are given by natural and legal persons to be published in newspapers and magazines and that do not bear the character of advertising are regarded as private announcements.
The Advertisement — Art. 40/2
Announcements made in newspapers and magazines with writing, pictures or drawings for commercial purposes such as increasing sales, or for the purpose of obtaining a material or moral benefit such as creating demand for something or for an idea, are regarded as advertisements.
| Type | Definition | Provision |
|---|---|---|
| Official announcement | Announcements whose publication is mandatory under a law, Presidential Decree or regulation (private associations excepted), or those given by the offices and bodies in Art. 29/b, that do not bear the character of advertising | Art. 29 |
| Private announcement | Announcements not regarded as official, given by natural/legal persons, that do not bear the character of advertising | Art. 40/1 |
| Advertisement | Announcements made with writing, pictures or drawings for commercial purposes or for the purpose of obtaining a material/moral benefit such as creating demand for something or an idea | Art. 40/2 |
The Rule of Freedom — Art. 41
The publication of private announcements and advertisements, and private announcement and advertising brokerage, are free within the framework of the provisions of this Law.
The Press Advertisement Agency also accepts private announcements and advertisements.
The Method of Publication — Art. 43
Private announcements and advertisements are published in newspapers and magazines in accordance with the wishes of the natural or legal persons giving them.
However, the private announcements and advertisements to be given by the offices and bodies referred to in sub-paragraph (b) of Article 29 and by the other institutions established by law and their affiliates are given to newspapers and magazines within the principles to be determined by the General Assembly of the Agency, having regard also to the characters written in Article 40 and taking into account the wishes of those concerned.
Newspapers and magazines publish the private announcements and advertisements they receive in time.
| Who gives the announcement | Method of publication |
|---|---|
| An ordinary natural/legal person | In newspapers and magazines in accordance with their wishes |
| The offices and bodies in Art. 29/b, the other institutions established by law and their affiliates | Within the principles to be determined by the General Assembly, also taking into account the wishes of those concerned |
The Exception: The Obligation to Go Through the Agency — Art. 42
The Commission — Art. 24
A commission fee of 15% on the announcements and advertisements it is the duty of the Agency to intermediate in publishing, and of at most 10% on other announcements and advertisements, is deducted over the invoices and recorded as revenue of the Agency.
Art. 116 of the Regulation in force: the commission rate to be applied to official announcements and advertisements and to private announcements and advertisements is 15%.
The Commission on the Invoice — Regulation Art. 27
Newspapers and internet news sites are obliged to draw up an invoice, for the official announcements they publish, over the amount remaining after the commission of the Agency has been deducted from the amount calculated according to the principles and measures stated in the Official Announcement Price Tariff, and all periodicals likewise for private announcements and advertisements according to the amount calculated over the tariffs they themselves determine. We covered the detail in how the official announcement invoice is drawn up.
Notification of the Tariff — Art. 45
Newspapers and magazines must publish, announce and notify to the Agency their private announcement and advertisement tariffs in three-monthly periods. We covered the detail in notifying the private announcement and advertisement tariff.
Conclusion
Announcements not regarded as official, given by natural or legal persons and not bearing the character of advertising, are private announcements. Announcements made for commercial purposes such as increasing sales, or for the purpose of obtaining a material or moral benefit such as creating demand for something or an idea, are advertisements. The publication of private announcements and advertisements and brokerage are free within the framework of the provisions of the Law; but no monopoly agreement may be made between a broker and a publication.