Art. 38 of the Press Card Regulation gathers the cancellation grounds in two paragraphs, and the difference between them matters: in the first paragraph cancellation is done by the Directorate, in the second by the Commission.
Cancellation by the Directorate (Art. 38/1)
| Subpara. | Ground |
|---|---|
| (a) | It emerges that the card holder does not have, or has subsequently lost, the qualities in Art. 8 or Art. 9 |
| (b) | It emerges that the media outlet they belong to does not have, or has subsequently lost, the qualities in Chapter Four |
| (c) | It is established that the press card, or a card issued in connection with it, has been let out for use by someone else |
In these three cases cancellation is made directly by the Directorate; no Commission decision is required.
Cancellation or Warning by the Commission (Art. 38/2)
The second paragraph sets up a different regime: where it is established that a card holder has acted contrary to the press ethics principles determined under Art. 49 of Law No. 195, the Commission may, according to the nature of the breach and stating its reasons:
- Warn the card holder
- Or decide to cancel the press card
Reapplying After Cancellation
The consequences differ by ground:
| Ground of cancellation | A new card | Basis |
|---|---|---|
| The holder or the outlet losing the conditions (Art. 38/1-a, b) | A fresh application once the grounds of cancellation have disappeared | Art. 38/1, final sentence |
| Loss of the criminal-record conditions (Art. 8/1-ç, d, e) | Not issued unless it is established that action has been taken under Arts. 12 and/or 13/A of Criminal Records Law No. 5352 | Art. 38/3 |
| Breach of press ethics principles (Art. 38/2) | Not issued until one year has passed from the date the card was returned | Art. 38/4 |
Note where the one-year period in the third row starts: not from the date of the cancellation decision but from the date the card was returned. Delaying the return delays the right to reapply as well.
No Application Is Processed Until the Card Is Returned
Art. 37/4 adds a further lock: in cases where a press card must be returned, no new press card application is processed until the old card has been returned.
Those Who Produce Lookalike Cards
Art. 46 brings a separate sanction: where it is established that persons have produced, or used, a card resembling the press cards issued by the Directorate in typesetting, background, layout, shape and colour, a criminal complaint is filed with the public prosecutor's offices. Until the investigation and/or prosecution is definitively concluded, no card is issued to such persons - even if they meet the conditions - and their cards, if any, are cancelled temporarily.
An Extra Ground for Foreign Media Members
Under Art. 41 a foreign media member must, within one month, give notice and return the card where their duty ends, their address changes, or they acquire Turkish citizenship. The cards of those found not to comply are cancelled.
Summary
- The Directorate cancels where the holder or the outlet loses the conditions, or the card is let out for use by another.
- The Commission cancels - or warns - for breach of press ethics principles.
- After an ethics cancellation no new card is issued for one year from the date of return.
- In criminal-record cases, action under Law No. 5352 must be established.