The most comprehensive amendment to Press Law No. 5187 was made by Law No. 7418 of 13/10/2022. Date of entry into force: 18/10/2022.
The Articles Amended and Added
According to the list of amendments in the text of the Law, Law No. 7418 amended or added the following provisions:
| Group | Articles |
|---|---|
| Articles amended | 1, 2, 4, 7, 8, 10, 11, 13, 14, 15, 17, 18, 20, 21, 26, 27 |
| Articles added | Additional Articles 1-8 and Provisional Article 4 |
1) The Scope Was Widened - Arts. 1 and 2
The phrase "their publication" in Art. 1 became "their publication and internet news sites"; in addition, as regards the press card, media members and information officers were brought within the scope.
The phrase "and internet news sites" was added to Art. 2/c - so internet news sites became periodicals. The definitions of (m) internet news site, (n) press card, (o) Head, (ö) Directorate, (p) Commission, (r) media member and (s) information officer were also added.
2) An Imprint and Date Requirement for Internet News Sites - Art. 4
(Added paragraph) In internet news sites the business address, the commercial title, the electronic mail address, the contact telephone and the electronic notification address, and the name and address of the hosting provider, are kept available in such a way that they can be reached directly from the home page and under a contact heading.
(Added paragraph) The date on which content was first presented and the subsequent dates of updating are stated on the content in such a way that they do not change each time it is accessed.
3) The Declaration and the Sanction Differentiated - Arts. 7 and 8
- Art. 7: the electronic notification address is shown in the declaration.
- Art. 8: the sanction of suspension of publication is not applied as regards internet news sites. Instead the prosecutor's office applies to the criminal court of first instance for a determination that the character of an internet news site has not been acquired.
- If the application is accepted, the rights as to official announcements and advertisements and as to the press cards of the employees disappear.
We cover the detail in the suspended publication guide.
4) Two-Year Retention of Content - Art. 10
(Added paragraph) Where it is notified in writing by the judicial authorities that the publication is the subject of an investigation and prosecution, it is compulsory to preserve the record of that publication until it is notified that the proceedings have been concluded.
We cover the detail in the retention guide.
5) A One-Day Period for the Right of Reply - Art. 14
(Added sentences) In internet news sites the responsible editor publishes the correction and reply text within one day at the latest, providing a URL link. If the content has been removed, the text is published for a period of one week with the first twenty-four hours on the home page.
We cover the detail in the right of reply guide.
6) A Four-Month Period for Bringing an Action - Art. 26
The phrase "and internet news sites" was added to Art. 26: the period for bringing an action for internet news sites is four months and the period starts from the date the criminal complaint relating to the news was made.
7) The Press Card Entered the Law - Additional Arts. 1-8
| Article | Subject |
|---|---|
| Additional Art. 1 | The press card application, its character and the five types of card |
| Additional Art. 2 | The persons who may obtain a press card - six subparagraphs |
| Additional Art. 3 | The conditions required - seven subparagraphs |
| Additional Art. 4 | The conditions required of foreign media members |
| Additional Art. 5 | The Press Card Commission - nineteen members |
| Additional Art. 6 | The situations in which it is cancelled |
| Additional Art. 7 | The consequences of cancellation |
| Additional Art. 8 | The regulation |
We cover the detail in the additional articles guide and the press card guide.
8) A Three-Month Compliance Period - Provisional Art. 4
Internet news sites operating before the date this article entered into force must fulfil their obligations provided in this Law within three months of the date this article entered into force.
Press cards duly issued before the date this article entered into force continue to be valid provided they meet the conditions in additional Article 3.
Its Reflection on the Penal Articles
| Article | What was added |
|---|---|
| Art. 15 | After "in printed works", "and in internet news sites" |
| Art. 17 | The word "printer" became "the printer and the responsible editor of an internet news site who does not fulfil the delivery and preservation obligation" |
| Art. 18 | The phrase "two internet news sites and" was added to the announcement decision |
| Arts. 20, 21 | After "in national periodicals", "and in internet news sites" - the floor of penalty was made equal to that of national publications |
| Arts. 11, 13, 27 | After the phrases "Printed works", "or internet news sites" |
Summary: What Changed?
- Internet news sites became periodicals - they entered the scope of the declaration, imprint, delivery and reply obligations.
- Two-year retention of content became compulsory.
- The press card was regulated at the level of statute.
- Suspension of publication does not apply to internet news sites; instead came the determination that the character has not been acquired.
- Internet news sites were placed in the same category as national periodicals as regards the floor of penalty.
Summary
Law No. 7418 of 13/10/2022 amended 16 articles of Press Law No. 5187 and added additional Arts. 1-8 and provisional Art. 4. It brought two basic innovations: internet news sites were treated as periodicals and the press card was regulated at the level of statute. The date of entry into force is 18/10/2022; a three-month compliance period was provided for existing internet news sites.