Suspension of publication is governed in a single place in Law No. 5187 and is tied to a narrow ground: failure to cure a deficiency in the declaration.
The Only Route to Suspension in the Law
Art. 8/1 sets up the chain:
| Stage | Period | Who |
|---|---|---|
| A request to cure the deficiency or correct untrue information | Two weeks from the filing of the declaration | The public prosecutor's office |
| Compliance with the request | Two weeks from service | The owner of the publication |
| A request to suspend publication | On expiry of the period | The public prosecutor's office |
| The decision | Within two weeks at the latest | The criminal court of first instance |
| Expedited objection | Against the decision | Those concerned |
On What Grounds?
Art. 8 lists two cases:
- The declaration and its annexes not containing the required or true information
- The owner, the representative or the responsible editor not meeting the conditions written in Arts. 5 and 6
The Penalty for Continuing a Suspended Publication
Art. 16: where a publication suspended by court decision under Art. 8 is continued without filing a proper declaration or notifying changes, the owner of the publication, the responsible editor and the official to whom the responsible editor reports are punished with a heavy fine. The penalty starts from a higher base for regional and national periodicals.
It Does Not Apply to Internet News Sites
Instead: the public prosecutor's office requests the internet news site, within two weeks, to cure the deficiency or correct the untrue information. Where 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 Constitutional Frame: Temporary Closure
Art. 28 of the Constitution governs a separate and heavier measure: periodicals published in Turkey may be temporarily closed by court decision where there has been a conviction for publications contrary to the indivisible integrity of the State with its territory and nation, to the fundamental principles of the Republic, to national security and to public morals.
Constitution Art. 28: The Limit on Publication Bans
The same article also contains a safeguard: save for decisions given by a judge within the limits to be laid down by law, in order that the judicial function may be performed consistently with its purpose, no publication ban may be imposed on events.
A Separate Regime for Radio and Television
In Law No. 6112 suspension is tied to breaches of the broadcasting service principles and is graduated: where a breach is repeated within one year, broadcasting is suspended for up to five days; on a second repetition for up to fifteen days; and on a third repetition the broadcasting licence is revoked.
Summary
- In Law No. 5187 suspension is possible only where a declaration deficiency is not cured, and only by decision of the criminal court of first instance; expedited objection is available.
- There is no suspension on account of content in this Law.
- The suspension sanction does not apply to internet news sites; instead a finding that the site status has not been acquired is sought.
- Temporary closure under Art. 28 of the Constitution is possible only on conviction and by court decision.