Law No. 195 calls the private sector actor that intermediates in announcements and advertisements the broker, and governs its activity in separate provisions.
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 Monopoly Prohibition — Art. 41/3
Method of Work and the Commission Ceiling — Art. 44
Announcement and advertising brokers work by way of commission agency. They act on the basis of the invoices of those giving the private announcement or advertisement and of the newspapers, and may not take more than 25% commission.
| Element | Content |
|---|---|
| Manner of working | By way of commission agency |
| Basis | The invoices of those giving the announcement and of the newspapers |
| Commission ceiling | 25% |
The Prohibition in Public Announcements — Art. 42/2
We covered the detail in the exceptions for private announcements.
The Distinguishing Word and Number — Art. 46
The Press Advertisement Agency and the brokers and newspapers and magazines are obliged to place, at the very bottom of all the announcements and advertisements they intermediate in publishing, a word showing that they acted as intermediary.
Brokers and newspapers and magazines notify the Agency of the word they choose for that purpose before using it. If the Agency finds that the word chosen has previously been taken by another broker or by a newspaper or a magazine, or that it is of a nature likely to cause confusion, it notifies the person concerned to change the word.
| Intermediary | Word to be placed |
|---|---|
| The Press Advertisement Agency | (Basın) |
| The broker | The word it has chosen |
| Where the newspaper or magazine received it directly | Its own word |
Next to that word are written the annual announcement and advertisement serial number of the Agency or of the broker and the serial number of the announcements and advertisements received by the newspaper or magazine.
The Annual Payroll Record — Art. 48
Brokers deliver the announcements and advertisements they have intermediated in publishing, according to the serial number they used, with a record showing the fee, the commission they took and the name of the newspaper or magazine in which it was published together with the serial number of the newspaper or magazine, within the first 15 days of each year, against a receipt, to the branch of the Agency in that place, to be sent to the Directorate General of the Agency.
- Period: the first 15 days of each year
- Where: to the branch of the Agency in that place, against a receipt
- Content: the serial number, the fee, the commission taken, the name of the newspaper/magazine and its serial number
We covered the detail in the control of announcements and the drawing up of the payroll record.
Membership of the General Assembly — Art. 5/c
Sub-paragraph (c) of the General Assembly includes 1 representative from among the announcement brokers registered in the commercial register.
The Prohibition for Board Members — Art. 10
The Sanction: Closure of the Undertaking — Art. 49/b
For the closure of the brokerage undertaking for a period not exceeding two months, the matter is referred by the Directorate General to the Board of Directors. The final decision of the Board is enforced by the governorship in that place.
| Element | Content |
|---|---|
| Sanction | Closure of the brokerage undertaking |
| Period | Not exceeding two months |
| Decision | The Board of Directors — upon referral by the Directorate General |
| Enforcement | The governorship in that place |
| Objection | Within 10 days of notification, to the Civil Court of First Instance in the place where the Directorate General of the Agency is located; the simplified procedure; the decision is final |
We covered the detail in objections to decisions of the Agency and the dispute authority.
Sending the Tariff Lists to Brokers — Art. 45/2
The Agency combines those lists for the newspapers and magazines into a single list according to their times of publication, such as daily or weekly, and to the alphabetical order of their names, and sends one copy each to the brokers and as many copies as necessary to its branches to be posted up. The brokers likewise announce those lists by posting them up in their offices in a manner visible to all.
Conclusion
Brokers work by way of commission agency, act on the basis of the invoices of those giving the announcement and of the newspapers, and may not take more than 25% commission. No express or implied monopoly agreement may be made between brokers and publications. Brokers place the distinguishing word they notified to the Agency and the serial number at the bottom of the announcements they intermediate, and deliver their annual payroll records to the branch of the Agency within the first 15 days of each year. Where a sanction applies, the undertaking may be closed for a period not exceeding two months.