Suspension is temporary; ending is permanent. Article 113 lists the cases of ending in eleven sub-paragraphs — the list is exhaustive and each sub-paragraph has its own measure.
The Eleven Cases
Within the scope of this Regulation, the right to publish official announcements and advertisements comes to an end in the following cases:
| Sub-para. | Case |
|---|---|
| a | Newspapers or internet news sites whose publishing right does not resume within 6 months of the notification of the decision that the publishing right has been suspended |
| b | Newspapers whose publication is stopped, and internet news sites whose access is blocked, for more than 6 months within 1 year by authorities empowered by law |
| c | Newspapers which, through their own fault or for reasons within their power to remedy, interrupt their publication, consecutively or intermittently, for more than 3 days within a calendar year, apart from the Ramadan and Sacrifice holidays |
| ç | Internet news sites which, through their own fault or for reasons within their power to remedy, breach the continuity of publication, consecutively or intermittently, for more than 7 days within a calendar year (Amended: Official Gazette 6/3/2024-32481) |
| d | Daily newspapers concerned with the publication of official announcements which fail to deliver the printed copies of 10 of their issues to the Agency in time within a calendar year |
| e | Non-daily newspapers concerned with the publication of official announcements which fail to deliver the printed copies of 5 of their issues to the Agency in time within a calendar year |
| f | Newspapers or magazines whose printed and electronic copies delivered to the Agency are untrue and misleading, or which subsequently print issues that were not published on their day |
| g | Newspapers or internet news sites which change their names or domain names contrary to the procedures and principles in Article 26 |
| ğ | Newspapers or internet news sites which obstruct the supervision carried out by inspection boards, where the act of obstruction has led to a conviction by a final judicial decision |
| h | Magazines which interrupt their publication, or which combine 2 of their issues more than once within the same calendar year, or which gather more than one issue into a single issue |
| ı | Periodicals whose transactions before the Agency, or whose declarations and documents submitted, constitute an offence under the Turkish Criminal Code No. 5237 and the special criminal laws |
| i | Periodicals which notify the Agency in signed form that they waive the publishing right |
| j | Internet news sites, where the breach in Article 63 (a serious breach in visitor traffic) is established |
The Time Measures Together
| Measure | For whom | Sub-para. |
|---|---|---|
| 6 months — after a suspension decision | Newspaper and internet news site | a |
| More than 6 months in 1 year — official publication ban / access block | Newspaper and site | b |
| Interruption of more than 3 days | Newspaper | c |
| Breach of continuity of more than 7 days | Internet news site | ç |
| Failure to deliver 10 issues | Daily newspaper | d |
| Failure to deliver 5 issues | Non-daily newspaper | e |
| Combining 2 issues more than once | Magazine | h |
The Holiday Exception
The Ramadan and Sacrifice holidays are expressly excepted in sub-paragraph (c). The basis for this is Art. 34/5: newspapers may refrain from publishing for the Ramadan and Sacrifice holidays provided that they notify the Agency at least 3 working days in advance, or, in cases of force majeure, within 3 working days.
A Different Calculation for Those in the Waiting Period — Art. 16/3
In respect of newspapers or internet news sites within the waiting period, the provision of the first paragraph of Article 113 is applied by taking the starting date of the waiting period as the basis instead of the calendar year.
The Strike Exception — Art. 34/4
Where newspapers are obliged to interrupt their publication because of a strike, their right to publish official announcements continues if they are published again within 30 days of the date on which the strike ended, by fulfilling the other qualities and duties required apart from the condition of the actual sales figure.
The Additional Consequence of Manipulation — Art. 63/3
To Avoid the Ending of the Right
- If a suspension decision has been notified, remedy the breach and apply within 6 months.
- Do not interrupt publication for more than 3 days apart from the holidays; give the holiday notification at least 3 working days in advance.
- Fulfil the delivery obligation for every issue — the 10/5 issue threshold fills up quickly.
- Make any change of name or domain name in accordance with the procedure in Art. 26.
- Do not use any method that carries a risk of manipulation in traffic data.
- If you are a magazine, combine 2 issues at most once in the same year.
Conclusion
The publishing right comes to an end where it is not remedied within 6 months of a suspension decision, where there is an official publication ban or access block of more than 6 months in a year, where a newspaper interrupts publication for more than 3 days, where an internet news site breaches continuity for more than 7 days, where a daily newspaper fails to deliver 10 and a non-daily newspaper 5 issues, in cases of untrue copies, irregular changes of name or domain name, obstruction of supervision, breach of the issue-combining rule by magazines, declarations and documents constituting an offence, waiver, and a breach of Art. 63.