Freedom of the press is a fundamental right under Turkish law—yet it faces frequent tension with national security, defamation laws, and government regulations. Journalists, editors, and media outlets in Turkey often encounter legal risks for publishing news deemed offensive, political, or controversial. At ER&GUN&ER, our English Speaking Turkish Lawyers defend press freedom by representing clients in criminal trials, administrative sanctions, and human rights petitions. This legal guide explains the constitutional framework, criminal liabilities, and media regulations that shape freedom of the press in Turkey.
Constitutional Protection of Press Freedom in Turkey
🔹 Article 28 – Turkish Constitution
“The press is free and shall not be censored.” However, this right is subject to limitations for reasons including:
- National security and public order
- Protection of private life or public morality
- Prevention of crime or criminal investigation
Press Law No. 5187: Scope and Principles
Turkey’s Press Law regulates printed and online media. It defines:
- Journalist rights and responsibilities
- Correction and reply procedures
- Legal liability of editors and publishers
- Publication bans, temporary closures, and content removal
Journalists must ensure accuracy, avoid incitement, and comply with press ethics codes. Violations may lead to civil or criminal proceedings.
Criminal Articles Affecting Press Freedom
- TCK 125: Defamation and insult – applies to individuals, institutions, and public officials
- TCK 216: Incitement to hatred or hostility – sensitive for ethnic, religious, or sectarian commentary
- TCK 299: Insulting the President – 1 to 4 years prison sentence
- TCK 301: Denigrating Turkish nation or state – requires Justice Ministry permission to prosecute
We defend journalists, columnists, and bloggers charged under these provisions by emphasizing freedom of expression jurisprudence, public interest, and proportionality.
RTÜK and Broadcasting Censorship
The Radio and Television Supreme Council (RTÜK) regulates visual and audio media. It may impose:
- Broadcast suspensions
- Fines or license cancellations
- Warnings for content deemed “contrary to Turkish moral values”
We file objections and initiate lawsuits to reverse RTÜK decisions on behalf of clients.
Press Card and Accreditation Issues
Journalists must apply for a yellow press card (basın kartı) via the Directorate of Communications. Denials can occur based on content, political views, or criminal investigations. We assist with:
- Application review and corrections
- Rejection appeals
- Judicial challenges to administrative bias
Defending Press Freedom in Turkish Courts
We rely on domestic law, the Turkish Constitution, and ECtHR jurisprudence to build defenses. In criminal trials, we request:
- Dismissal based on journalistic purpose
- Exemption from insult charges if statement relates to public debate
- Stay of execution in administrative sanctions
Examples from Our Practice
- 🇺🇸 U.S. reporter charged with defaming local mayor—acquitted on public interest grounds
- 🇫🇷 French media agency fined by RTÜK—penalty reversed after court challenge
- 🇩🇪 German editor’s press card denied—administrative appeal successful
Frequently Asked Questions (FAQs)
- Is journalism protected under free speech laws in Turkey? Yes, but criminal provisions may override constitutional rights in practice.
- Can foreign journalists report freely in Turkey? Yes—but they must obtain accreditation. Risk of prosecution exists in sensitive topics.
- Can I be jailed for criticizing public officials? Potentially yes under TCK 125 and 299—but defense strategies exist.
- Can I sue if RTÜK shuts down my channel? Yes. We file administrative lawsuits to reverse unfair penalties.
- Can I appeal a criminal sentence as a journalist? Yes. We handle appeals in Turkish regional courts and the Court of Cassation (Yargıtay).
- Can I take my case to the European Court of Human Rights? Yes—after exhausting domestic remedies. We prepare admissible petitions to the ECtHR.
- What if my article is removed from a website? You can sue for reinstatement and damages if the removal lacked legal basis.
- Do courts accept “public interest” as a defense? Often yes. We frame criticism as part of democratic debate and cite ECtHR cases.
- Can I publish anonymously? Yes—but criminal responsibility may still apply. Anonymous authorship does not shield from prosecution.
Conclusion: Speak the Truth—Legally Protected
Turkey’s press environment remains challenging—but legal tools exist to protect journalists and media professionals. At ER&GUN&ER, our English Speaking Turkish Lawyers defend press freedom through criminal defense, administrative appeals, and human rights litigation. Whether you face fines, bans, arrest, or visa denial due to your work, contact the Best Lawyer in Turkey to safeguard your rights and continue your mission under the rule of law.