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Journalism and press activities are conducted across various internet platforms today. Internet journalism as a whole is not regulated under a single consolidated statute. Specific provisions regarding internet broadcasting and television fall under the jurisdiction of the Radio and Television Supreme Council (RTÜK), regulations concerning internet news sites are governed by the Press Law, and the framework provisions applicable to all internet publishing platforms are set forth under Law No. 5651.
The most crucial principle is that, regardless of the platform used, journalistic activity remains protected under the constitutional freedom of the press. It should be noted, however, that a social media profile or YouTube channel not entirely dedicated to journalism is generally evaluated under the scope of freedom of expression rather than press freedom.
As a result of legislative amendments in 2022, internet news sites subject to the Press Law—which enjoy certain privileges during their journalistic activities and assume corresponding responsibilities—are regulated separately under the law. Conversely, internet news sites ineligible for these privileges, which are held liable according to general provisions, continue to exist as ordinary internet platforms governed by Law No. 5651.
Fundamental regulations concerning freedom of the press are enshrined directly in the Constitution. Therefore, freedom of the press applies to all internet news platforms, regardless of whether they operate under the Press Law.
Pursuant to Article 12 of the Press Law, the owner of a periodical, the responsible manager, and the author are exempt from any obligation to disclose all kinds of news sources—including information and documents—and cannot be compelled to testify in this regard.
As a procedural condition under the law, lawsuits concerning offenses committed through a news site must be initiated within four months. This period commences from the date the offense is reported to the Office of the Chief Public Prosecutor or another authorized authority, and it can under no circumstances exceed the statute of limitations periods specified in the Turkish Penal Code (TPC).
As known, judicial fines are initially converted into community service and subsequently into imprisonment if left unpaid. However, according to the Press Law, except for offenses stipulated under Articles 18 and 22 of the same law, fines imposed for offenses envisioned under the law cannot be converted into custodial sentences.
News platforms that meet the requirements set forth in Law No. 195 and the Regulation on Official Advertisements and Announcements, while also holding the legal status of an internet news site under the Press Law, possess the right to receive official advertisements.
Journalists working for internet news sites that qualify as such under the Press Law (which is considered a periodical) hold the right to obtain a press card, provided they satisfy the requisite criteria.
Article 8 of the Press Law dictates that entities failing to submit a declaration—and thus lacking the official status of an 'internet news site' under the law—shall have their "privileges and rights revoked, while sanctions prescribed under the law and relevant legislation shall continue to apply." However, in accordance with the principles of legality and certainty, this outcome is theoretically flawed. Since the same article explicitly states that those who fail to properly submit their declarations "shall not hold the status of an internet news site," it is contradictory to apply criminal sanctions to a platform while simultaneously denying its status as an internet news site [1]. Consequently, the liability of platforms that fail to submit proper declarations should be determined according to general provisions and Law No. 5651.
Regardless of whether they possess the status of an internet news site under the Press Law, all internet news platforms share fundamental obligations stemming from Law No. 5651, which include:
Operating the notice-and-remove system (uyar-kaldır),
Providing information within the legislative framework upon official requests, and
Removing content pursuant to legal procedures.
If such a platform also hosts its own data on its own servers, it will be classified as a hosting provider and must comply with corresponding obligations, such as retaining log data.
Regarding offenses committed via internet news sites, the Press Law's regulations arguably conflict with the constitutional principle of the personal nature of criminal liability. The author—meaning the media member who organizes or records the content—is directly liable for offenses committed. However, the law paves the way for collective liability by stating that:
"In cases where the author cannot be identified, lacks criminal capacity at the time of publication, cannot be tried in Turkey due to being abroad, or where the penalty to be imposed does not affect a sentence final judgment already rendered against the author for another crime, the responsible manager and the authorized supervisor to whom the responsible manager reports (such as the general publishing director, editor, or press advisor) shall be held liable."
Although the provision continues to state that "if such content is published despite the objections of the responsible manager and the supervisor, the resulting liability rests upon the person who caused its publication," this arrangement does not fully resolve the constitutional compliance issue.
Article 13 of the Press Law sets forth regulations governing civil liability. Accordingly, for material and moral damages arising from acts committed through internet news sites:
The author, the publication owner, and the representative (if any) are jointly and severally liable (müteselsilen sorumlu).
This rule applies to real or legal persons acting as the publication owner, brand or license holder, lessor, operator, publisher, or acting in any capacity as a publisher.
If the legal entity is a corporation, the chairman of the board of directors in joint-stock companies or the highest executive in other companies is jointly and severally liable alongside the company.
Information regarding ownership rights, the responsible manager and other relevant parties, contact details, and the name and address of the hosting provider—as specified in Article 4 of the Press Law—must be published on the homepage of the internet platform. Failure to fulfill this requirement constitutes a statutory offense.
The date when content is first presented on an internet news site, as well as subsequent update dates, must be indicated on the content in a manner that remains unchanged upon every access. Failure to comply with this is also a criminal offense.
Platforms wishing to benefit from the privileges granted to internet news sites by the Press Law and to officially hold the status of an internet news site are required to submit a declaration containing the necessary details to the Office of the Chief Public Prosecutor. Failure to submit the declaration does not result in access blocking; it merely prevents the platform from benefiting from the relevant privileges.
Content published on internet news sites must be preserved for two years in a manner ensuring its accuracy and integrity, to be handed over to the requesting Chief Public Prosecutor's Office when necessary. It must be noted that the logs required to be retained here are published contents, not traffic data. Traffic data is preserved by hosting providers pursuant to obligations arising from Law No. 5651.
Pursuant to Article 14 of the Press Law concerning the right of rectification and reply, in periodicals—including internet news sites—if publications are made violating individuals' honor and dignity or containing false information regarding individuals, the aggrieved person holds the right to rectification and reply. If the responsible manager of the internet news site fails to publish notices meeting statutory requirements, the interested party may obtain a court order from the criminal judge of peace (sulh ceza hakimliği), and failing to comply with this order is regulated as a criminal offense.
Article 20 of the Press Law establishes an offense stating that:
"Those who publish writings and images concerning sexual assault, murder, and suicide incidents that exceed the limits of reporting and possess a nature that may encourage readers to commit such acts shall be punished with a heavy fine ranging from one billion to twenty billion liras [adjusted according to statutory fine conversion rules]."
According to Article 21 of the Press Law, within internet news site contents, it is prohibited to publish in a manner that discloses or leads to the identification of:
Individuals related to sexual intercourse between persons who are prohibited from marrying under the Turkish Civil Code No. 4721 dated 22.11.2001,
Victims regarding offenses written in articles 414, 415, 416, 421, 423, 429, 430, 435, and 436 of the Turkish Penal Code,
Juvenile offenders or victims under the age of eighteen.
[1] S. Burcu Ezer, İnternet Haber Sitelerinin Basın Kanunu ve Basın İş Kanunu Kapsamına Eklenmesinin Hüküm ve Sonuçları, YBHD, Year 8 - Issue 2023/2, pp. 458-459.
