The rule is clear and often misunderstood: liability for a column rests first with the writer. Article 11 of Law No. 5187: “The author of the work is liable for offences committed through periodicals and non-periodical publications.”
When does liability pass?
Article 11(3) lists the cases in which liability passes to the responsible editor exhaustively:
| Case | Result |
|---|---|
| The author of the work is not known | Liability passes to the responsible editor and the official above them |
| They lack criminal capacity at the time of publication | The same |
| They are abroad and so cannot be tried in Turkey | The same |
| The sentence to be imposed would not affect a sentence already finally imposed on the author for another offence | The same |
Unless one of those four arises, liability rests with the author of the work. If the column is signed and the writer can be tried in Turkey, liability is theirs.
Who is “the responsible editor and the official above them”?
Article 11(3) names them by example: “the responsible editor and the publishing director, editor-in-chief, editor, press adviser and similar official to whom the responsible editor reports shall be liable.”
The exception to the exception: the person who caused publication
The closing sentence of Article 11(3) turns the direction: “However, where such a work is published despite the objection of the responsible editor and of the official to whom the responsible editor reports, the liability arising therefrom shall rest with the person who caused it to be published.”
When is the offence committed?
Article 11(1): “An offence committed through printed works or online news sites is committed at the moment of publication.” The words “or online news sites” were added by Article 28 of Law No. 7418. That matters for the start of the period for bringing proceedings.
Liability in damages is distributed differently
Criminal liability is staged; liability in damages is joint and several. Article 13 of Law No. 5187: for pecuniary and non-pecuniary damage arising from acts committed through printed works or online news sites, in periodicals “the author of the work together with the owner of the publication and their representative, if any, … shall be jointly and severally liable”.
Under the same article, where the legal person is a company, the chair of the board in a joint stock company and the most senior manager in other companies are jointly and severally liable with the company.
| Type of liability | Who | Basis |
|---|---|---|
| Criminal — as a rule | The author of the work (the columnist) | Art. 11(2) |
| Criminal — in four cases | The responsible editor and the official above them | Art. 11(3) |
| Criminal — where published despite objection | The person who caused publication | Art. 11(3) |
| Damages | The author of the work + the owner of the publication + the representative (joint and several) | Art. 13 |
Transfer of the publication
Article 13(3) closes an escape route: where, after the act giving rise to the damage, the publication is transferred in any manner, merged with another publication, or the natural or legal person owning it changes in any manner, those who take over the publication, merge with it or act in any capacity as owner of the publication — together with the chair of the board in joint stock companies and the senior manager in other companies — are jointly and severally liable for the damages awarded.
The editor-in-chief’s position is covered in the editor-in-chief guide and the risk of imprisonment in the imprisonment guide.