"Internet news site" is a legal status and it does not arise by itself. The Law confers rights attached to that status, and provides a separate route for a finding that the status has not been acquired.
The Definition
Art. 2(c) of Law No. 5187, as amended by Law No. 7418, defines a periodical as: printed works such as newspapers and magazines published at particular intervals, together with the publications of news agencies and internet news sites.
The key phrase in the definition is "published at particular intervals". A site that is irregular, one-off or that does not produce current news does not fall within it.
A more concrete definition sits at regulation level. Art. 4 of the Press Card Regulation defines an internet news site as: "a periodical established and operated for the purpose of presenting, at particular intervals in the internet environment, written, visual or audio content in the nature of news or comment."
- Being in the internet environment
- Presenting at particular intervals
- Producing content in the nature of news or comment
- The content being capable of being written, visual or audio - there is no text requirement
- Being established and operated for that purpose
Acquiring the Status: Three Legs
| Leg | Article | Content |
|---|---|---|
| 1. Declaration | Art. 7 | A declaration to the public prosecutor's office for the place of management + an electronic service address |
| 2. Imprint and date stamp | Art. 4 | A six-item imprint, directly reachable from the home page and under a "contact" heading; a date stamp that does not change on each access |
| 3. Two-year archive | Art. 10 | Published content retained for two years with accuracy and integrity ensured, to be delivered to a requesting prosecutor's office |
The Six Items in the Imprint
The paragraph added to Art. 4 by Law No. 7418 requires internet news sites to keep the following information in a way that users can reach directly from the home page, under a contact heading:
- The business address from which it operates
- Its trade name
- Its electronic mail address
- Its contact telephone number
- Its electronic service address
- The name and address of its hosting provider
The Date Stamp Requirement
The fourth paragraph added to the same article lays down a technical condition: the date on which content was first presented and subsequent update dates are stated on the content in a way that does not change on each access.
A Finding That the Status Has Not Been Acquired
The paragraph added to Art. 8 by Law No. 7418 governs the sanction specifically. If an internet news site does not comply with that article:
- The public prosecutor's office requests, within two weeks, that the deficiency be cured or the untrue information corrected.
- If the request is not met within two weeks, the prosecutor's office applies to the criminal court of first instance for a finding that the status of internet news site has not been acquired.
The Rights Attached to the Status
This is where the status matters. The status of internet news site opens these doors:
| Right | Basis |
|---|---|
| Employees being subject to the Law No. 5953 regime | Law No. 5953 Art. 1 - added by Law No. 7418 |
| A press card application | Law No. 5187 Add. Art. 1 et seq. and the Press Card Regulation |
| The right to publish official announcements | Law No. 195 and Press Advertising Agency rules |
| Being subject to the reply and correction regime | Law No. 5187 Art. 14 |
Summary
- To count as an internet news site you must first fall within the definition - publishing news at particular intervals.
- Then file a declaration and meet the imprint, date stamp and two-year archive duties in Arts. 4 and 10.
- If a deficiency is not cured within two weeks, a court may find that the site has not acquired the status, and every right attached to it falls away.