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Amendments To The Press Law And Certain Laws

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October 3, 2022

The Law on Amending the Press Law and Certain Amendments known as the Censorship Law or the Disinformation Law, was published in the Official Gazette on 18.10.2022.

With this Law;

  • Internet news sites were included in the scope of the periodical publication of the Press Law No. 5187. Accordingly, the date when a content was first presented on internet news sites and the next update dates will be indicated on the content, which will not change each time it is accessed.
  • With the Press Law, the procedures and principles regarding the press card will be determined and the media members and white collar employees requesting a press card will be included in the scope of the law.
  • Obligatory information such as commercial title, workplace address and contact information will be determined on internet news sites, and this information will be kept under the communication heading in a way that users can access directly from the home page.
  • The publication suspension sanction will not be applied in terms of internet news sites. If the internet news site does not comply with this situation, the Office of the Chief Public Prosecutor will request that the deficiencies be corrected or the untrue information corrected from the news site within two weeks. If this request is not fulfilled, the Office of the Chief Public Prosecutor will apply to the criminal court of first instance to determine that the internet news site qualification has not been achieved. The court will make its decision within two weeks at the latest.
  • The title of Article 10 of the Press Law has been changed as delivery and preservation obligation and certain provisions have been added. The contents published on the internet news site will be kept for two years in a correct and complete manner, to be delivered to the requesting Chief Public Prosecutor’s Office when necessary. If it is reported by the judicial authorities that the publication is the subject of investigation and prosecution, it will be obligatory to keep the record of the publication subject to investigation and prosecution until the conclusion of the proceedings.
  • It is obligatory for the responsible manager to publish the correction and reply letter of the injured person on the internet news sites in the same fonts and in the same way, by providing a URL link, within one day at the latest from the date of receipt of the article, without making any corrections or additions.
  • According to Law No. 5187, criminal cases related to other crimes committed through printed matters and internet news sites or stipulated in the Press Law are opened within four months in terms of internet news sites; In terms of other printed matter, it will be mandatory to open within six months.
  • The Law includes the subject of official announcements and advertisements on internet news sites. Accordingly, the procedures and principles regarding the qualifications and responsibilities of those who will publish official announcements and advertisements on internet news sites will be determined by a regulation to be issued by the General Assembly of the Press Advertisement Institution within six months.
  • In addition, internet news sites will be given a period of three months to fulfill their obligations stipulated in the Law.
  • The Offense of Publicly Disseminating Misleading Information was added to the TCK numbered 5237 with article 217/A. According to this, anyone who publicly disseminates false information about the internal and external security, public order and general health of the country, in a way that is suitable for disturbing the public peace, with the sole motive of creating anxiety, fear or panic among the public, will be sentenced to imprisonment from one year to three years. If the perpetrator commits the crime by concealing his real identity or within the framework of the activities of an organization, the penalty in question will be increased by half.

Articles 20,21,22,25,26 and 27 of this Amendment Law, and the other clauses of Article 28, excluding clauses a and b, will enter into force on 01.04.2023; other regulations have entered into force upon their publication in the Official Gazette.

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