1-What is press and media law?

1- What is press and media law?

Press and media law is an important field of law that aims to find solutions to disputes arising between producers, publishers, and those working in this sector, disputes arising between press or media companies and administrative authorities, and disagreements involving written, visual, and audio media.

2- Could you provide information about the situations explicitly regulated in the law that are considered press and publication tools?

Press and publication, in other words, mass media, is used in daily language to describe electronic or printed press organs such as radio, television, newspapers, and magazines. Looking back through history, the press has played an important role in the enlightenment of societies and their reactions.

3- Can social media, which is very frequently used today, be considered as press and publication?

Our current legal system accepts social media as a "press and publication" tool. For this reason, interesting legal practices are emerging.

4- What are the crimes committed through the press?

Press crimes are divided into two: crimes related to the content of the printed work (press crimes) and crimes committed against the order of the press (press order crimes). A press crime is a crime related to the content of a printed work. These are also divided into two as press crimes in the narrow sense and crimes committed via the press.

5- What are the crimes regulated in the Press Law?

In addition to crimes that accept publicity or publication as an element or an aggravating factor, press tools can also be a medium for crimes such as fraud or blackmail if the conditions are met, as well as crimes committed through acts of encouragement, incitement, propaganda, glorification, suggestion, or disclosure.

6- What does "Press Release," which we frequently see on television, mean?

A press release is an effective communication tool used to distribute a newsworthy topic regarding a company, individual, or project to press organs and journalists. The International Public Relations Association (IPRA) defines a press release as "steps taken to shape perception among target audiences."

7- What would you like to say about the legal meaning of a printed work?

According to clause (a) of Article 2 of the Press Law, a printed work is defined as “writings, pictures, and similar works printed by any kind of printing equipment or reproduced by other means for publication, as well as news agency broadcasts”; and according to clause (b), publication is defined as “the presentation of the printed work to the public in any way.”

8- What are the fundamental principles of press law?

The most important principle of press law is freedom of the press. Freedom of the press refers to the freedom to freely express news, ideas, and thoughts through reproducing tools. Freedom of the press is regulated by Article 28 of the Constitution and Article 3 of the Press Law No. 5187. Article 3 of the Press Law states, “The press is free. This freedom includes the rights to obtain, disseminate, criticize, interpret, and create works.

The exercise of freedom of the press can only be restricted in accordance with the requirements of a democratic society for the purposes of protecting the reputation and rights of others, public health and morality, national security, public order, public safety, and territorial integrity, preventing the disclosure of state secrets or the commission of crimes, and ensuring the authority and impartiality of the judiciary.” It is seen in this regulation that the free broadcasting of the press is guaranteed.

However, freedom of the press is not unlimited and is subject to the limits specified by the legal order. In broadcasts made by the press, it is a legal and judicial obligation not to attack personal rights—which are included in the Fundamental Rights and Freedoms section of the Constitution and Articles 24 and 25 of the Turkish Civil Code and are also guaranteed by special laws—to respect personal rights, and to avoid attitudes and behaviors that may constitute an attack on them.

9- What are the penalties imposed by RTÜK on television and radio broadcasts?

Administrative sanctions applied by RTÜK against broadcasting organizations are regulated in Article 32 of Law No. 6112. In accordance with the relevant regulation, the administrative sanctions applied by the supreme board against broadcasting organizations are examined under three main headings: warning, suspension, and administrative fines. However, administrative sanctions are not limited to these; depending on the nature of the violation, temporary suspension of broadcasting and cancellation of the broadcasting license may also occur.

10- What should be done against administrative penalties imposed by RTÜK?

According to the 4th paragraph of Article 32 of Law No. 6112, “Recourse to the judiciary is made against administrative sanction decisions taken in accordance with the provisions of this Law, in accordance with the provisions of the Administrative Procedure Law No. 2577 dated 6/1/1982.” In accordance with the aforementioned article, a lawsuit for the cancellation of the administrative act can be filed in the Ankara Administrative Courts within 15 days against arbitrary and unlawful decisions made by RTÜK.

11- What is the legal sanction for issuing an arrest warrant for crimes committed through the press?

For crimes committed through the press, Law No. 6112 only provides for imprisonment in Article 22 and does not accept the conversion of fines into custodial sentences, except for crimes in Articles 18 and 22. For this reason, during the prosecution of crimes committed through the press that only require a fine, no action that restricts the liberty of the responsible manager or the person causing the publication, such as an arrest warrant or detention, should be taken. If it is taken, the relevant subject becomes liable.