Who may own a newspaper or an internet news site? Article 6 opens a wide door but lays down one condition.
The Full Text of the Article
Article 6 - Natural and legal persons and public institutions and organisations may own periodicals.
Where the owner of the periodical is under eighteen years of age or under a restriction, the conditions stated in the second paragraph of Article 5 are also required of their legal representative and, where the owner is a legal person, of the representative of the legal person.
Who May Be an Owner?
| Category | May they? | Additional condition |
|---|---|---|
| A natural person | Yes | If under 18 or under a restriction, the Art. 5/2 conditions in their legal representative |
| A legal person | Yes | The Art. 5/2 conditions in the representative of the legal person |
| Public institutions and organisations | Yes | The Art. 5/2 conditions in the representative |
The Conditions Required - The Reference to Art. 5/2
The conditions required of a responsible editor are required of a legal representative or of the representative of a legal person:
| Subpara. | Condition |
|---|---|
| a | To have completed the age of eighteen |
| b | To have a place of residence in Turkey and to reside there continuously |
| c | To be a graduate of at least secondary education or an equivalent educational institution |
| d | Not to be under a restriction or barred from public service |
| e | Not to have been convicted of offences involving moral turpitude |
| f | For those who are not citizens of the Republic of Turkey, the condition of reciprocity |
Who Is the Representative of a Legal Person? - Art. 2/l
Where the owner of the publication or the publisher is a legal person, it means the natural person determined from among the managers by the competent organ of that legal person, or the natural person determined by public institutions and organisations.
They Appear in the Declaration - Art. 7
The declaration is signed by the owner of the publication, by their representative where the owner is a minor or a legal person, and by the responsible editor, and shows the names and addresses of the owner and, where there is one, of their representative. Documents showing the existence of the conditions in Arts. 5 and 6, and, where it is a legal person, a copy of its statute, articles of association or foundation deed, are also attached to the declaration.
We cover the declaration procedure in the declaration guide.
They Also Appear in the Imprint - Art. 4
In every periodical, other than news agency publications, the place of management, the names of the owner, of their representative where there is one, and of the responsible editor, and the type of publication are shown.
We cover the imprint rules in the imprint guide.
Their Role in Liability
| Type of liability | The position of the owner | Article |
|---|---|---|
| Criminal | As a rule the author is liable; where the responsible editor leaves, liability belongs to the owner or their representative until a new one is appointed | Arts. 11, 8/4 |
| Civil | In periodicals the author and the owner of the publication and, where there is one, their representative are jointly and severally liable | Art. 13 |
| The penalty for not publishing a reply | The owner of the publication is also jointly and severally liable for the payment of the fine imposed on the responsible editor and on the authority to whom they are attached | Art. 18/2 |
We cover the detail in the criminal liability guide and the who to sue guide.
Summary
Under Art. 6 of Law No. 5187 natural and legal persons and public institutions and organisations may own a periodical; there is no obligation to form a company. Where the owner of the publication is under eighteen or under a restriction, the conditions required of a responsible editor are required of their legal representative and, where it is a legal person, of the representative of the legal person: having completed the age of 18, being resident in Turkey, being a graduate of at least secondary education, not being under a restriction or barred, and not having been convicted of an offence involving moral turpitude.