The answer changes entirely according to the kind of case you are bringing. In a criminal case liability is staged and directed at one person; in a damages claim it is joint and several and may be directed at several people at once.
Criminal case: staged liability (Law No. 5187, Art. 11)
Article 11(2): “The author of the work is liable for offences committed through periodicals and non-periodical publications.”
Article 11(3) lists the four cases in which liability passes, exhaustively. Where the author of the work:
- is not known,
- lacks criminal capacity at the time of publication,
- is abroad and so cannot be tried in Turkey,
- or where the sentence to be imposed would not affect a sentence to which they have been finally convicted for another offence.
In those cases “the responsible editor and the publishing director, editor-in-chief, editor, press adviser and similar official to whom the responsible editor reports” are liable. Where the work was published despite the objection of the responsible editor and that official, liability rests with the person who caused it to be published.
Damages claim: joint and several liability (Art. 13)
“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, and in non-periodical publications the author of the work together with the publisher, or where the publisher is not known the printer, shall be jointly and severally liable.”
| Kind of case | Against whom | Structure |
|---|---|---|
| Criminal | As a rule the author of the work; in four cases the responsible editor and the official above them | Staged — in sequence |
| Damages | Author of the work + owner of the publication + representative | Joint and several — against all of them |
Where the legal person is a company
The last sentence of Article 13(2): “Where the legal person is a company, the chair of the board in joint stock companies and the most senior manager in other companies shall be jointly and severally liable with the company.”
The same paragraph widens the scope: the provision “shall also apply to natural or legal persons who, in periodical or non-periodical publications, are the owner of the publication, the owner of the trade mark or licence, the lessor, the operator or who publish in any capacity or act as publisher”.
Where the publication has been transferred
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 — 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.
A different scheme in broadcasting
In broadcasting services liability is determined under Law No. 6112:
| Liability | Who | Basis |
|---|---|---|
| Liability arising from a broadcast | The person directing the broadcast or making the programme together with the responsible editor; the undertaking’s liability is preserved | Art. 46/1 |
| Where the broadcast did not pass the responsible editor | Persons authorised to manage and represent the company | Art. 46/2 |
| Damages for infringement of personality rights | The undertaking together with the producer of the programme, jointly and severally | Art. 18/6 |
| Administrative fine and measure | The media service provider undertaking | Art. 32 |