On the Normal Meeting of the Turkish Grand Nationwide Meeting Article 29 of the regulation proposal, which comprises rules on press, social media and web journalism and causes controversy. It was accepted with the votes of AK Occasion and MHP.
Within the article that imposes a jail sentence of 1 to three years for the crime of spreading pretend information, ‘publicly disseminating deceptive data’ crime is outlined.
For the crime to happen; If the information unfold will not be true, if it considerations the nation’s safety and public well being, if there’s an intention to create worry, panic and anxiousness among the many individuals, whether it is open and supposed to disrupt public peace, 5 situations are sought.
WHAT IS ARTICLE 29 CAUSED BY DISCUSSION?
The aforementioned article 29, which provides to article 217 of the Turkish Penal Code, is as follows:
“ARTICLE 217/A (1) An individual who publicly disseminates false data concerning the interior and exterior safety, public order and common well being of the nation, in a means that’s appropriate for disturbing the general public peace, with the only motive of making anxiousness, worry or panic among the many public, shall be answerable for a interval of 1 12 months to a few years. punishable by imprisonment.
(2) If the perpetrator is dedicated by concealing his true identification or inside the framework of the exercise of a corporation, the penalty given in accordance with the above paragraph is elevated by half.”
CHP REQUESTED THE PENALTY TO BE REDUCED
The CHP wing expressed its opinion to the AK Occasion concerning the content material of the article “imprisonment from 1 12 months to three years in opposition to deceptive data” and acknowledged that the jail sentence ought to be restricted to 2 years. The controversial article was put to the vote within the Grand Nationwide Meeting of Turkey at this time and was accepted by a majority of votes.
PASSED BY THE PARLIAMENT
The Invoice on Amending the Press Regulation and Some Legal guidelines, referred to as the “anti-disinformation regulation”, was handed within the Normal Meeting of the Grand Nationwide Meeting of Turkey and have become regulation.
The improvements introduced by the regulation are as follows:
In response to the regulation, web information websites and points associated to press playing cards might be included within the scope of the Press Regulation, and public personnel working within the data companies of radio, tv, public establishments and organizations might be thought-about like periodicals staff by way of issuing press playing cards.
Figuring out the procedures and ideas concerning the press card might be added to the goals of the Press Regulation. Media members and knowledge officers requesting a press card might be included within the scope of the regulation.
Web information websites will even be included within the definition of periodicals. in enhancing “net information website”, “Head of Communication”, “Communication Division”, “Press Card Fee”, “media particular person”, “data officer” can also be outlined.
The office deal with, commerce identify, e-mail deal with, contact cellphone and digital notification deal with, in addition to the identify and deal with of the internet hosting supplier on the web information websites might be stored beneath the “contact” heading in a means that customers can instantly entry from the house web page.
The date when a content material is first offered on web information websites and the following replace dates might be indicated on the content material in a means that won’t change every time it’s accessed.
The digital notification deal with will even be proven within the declaration submitted for registration.
NO STOP ON NEWS SITES
The prohibition of broadcasting won’t be utilized by way of web information websites. If the web information website doesn’t adjust to the supply, the Chief Public Prosecutor’s Workplace will request that the deficiencies be corrected or the inaccurate data corrected from the web information website inside 2 weeks. If the request will not be fulfilled inside 2 weeks, the Workplace of the Chief Public Prosecutor will apply to the prison court docket of first occasion in an effort to decide that the web information website qualification has not been achieved. The court docket will give its choice inside 2 weeks on the newest.
If the applying is accepted, the official bulletins and ads that may be supplied for web information websites and the rights of the staff concerning the press card might be eliminated. The removing of the rights supplied for the web information website won’t forestall the enforcement of the sanctions envisaged in accordance with this regulation or the related laws.
OBLIGATION OF DELIVERY AND KEEPING
The contents printed on the web information website might be stored for two years in an accurate and full method, to be delivered to the requesting Chief Public Prosecutor’s Workplace when obligatory.
In case of a written notification to the web information web site that the publication is the topic of investigation and prosecution by the judicial authorities, will probably be compulsory to maintain the report of the publication topic to the investigation and prosecution till the notification of the conclusion of those proceedings.
OBLIGATION TO PUBLISH CORRECTION AND ANSWER ARTICLE
The accountable supervisor might be obliged to publish the correction and reply letter of the injured particular person on the web information websites, in the identical fonts and in the identical means, with none corrections or additions, on the pages and columns of the related publication, by offering a URL hyperlink, inside at some point on the newest from the date of receipt of the article. Within the occasion that the choice to dam the entry and/or take away the content material concerning the publication is applied or the content material is mechanically eliminated by the web site, the correction and response textual content might be printed on the web site the place the related publication is made for a interval of 1 week, the primary 24 hours of which is on the house web page.
Prison circumstances pertaining to different crimes dedicated by means of printed works or web information websites or stipulated on this regulation must be opened inside 4 months for every day periodicals and web information websites, and inside 6 months for different printed works, as a situation of reasoning. These intervals will begin from the date the printed works are delivered to the Workplace of the Chief Public Prosecutor, and for web information websites, from the date of the report of the crime.
PRESS CARD APPLICATION, QUALITY AND TYPES HAVE BEEN DETERMINED
The regulation additionally decided the press card software, its nature and kinds. Accordingly, the press card software might be made to the Directorate of Communications. The press card might be accepted as an official identification doc.
TYPES OF PRESS CARD
- Mission-related press card: Press card given to Turkish citizen media members and knowledge officers working for a media group,
- Timed press card: Press card given to international media members whose discipline of responsibility covers Turkey,
- Momentary press card: Press card given to international media members who come to Turkey briefly for information functions, though their discipline of responsibility doesn’t cowl Turkey,
- Free press card: Press card given to media members who don’t work briefly or do freelance journalism overseas,
- Steady press card: It’s going to confer with a lifetime press card given to media and knowledge officers with not less than 18 years {of professional} service.
WHO WILL BE GIVEN THE PRESS CARD?
The press card is issued to Turkish residents of media organizations working in Turkey, homeowners of periodicals or representatives of authorized entities and chairman of the board of administrators of radio and tv, international media members who act on behalf of media organizations and whose scope of responsibility covers Turkey. Though it doesn’t cowl Turkey, international media members who come to Turkey for information for a brief interval, Turkish citizen homeowners and staff of media organizations broadcasting overseas, Turkish citizen media members doing freelance journalism overseas, public establishments and organizations serving within the discipline of media and public establishments It may be given to public personnel working within the data companies carried out by commerce unions and organizations, and to the managers of unions and associations and foundations which can be discovered to be working within the public curiosity, supplied that they function within the media discipline.
PRESS CARD APPLICATION REQUIREMENTS
So as for individuals who request a press card to use, Having accomplished the age of 18, graduated from not less than a highschool or an equal instructional establishment, not restricted or prohibited from public companies situation might be sought.
As well as, even when the deadlines laid out in Article 53 of the Turkish Penal Code have handed so as for individuals who request a press card to use; imprisonment for five years or extra for an deliberately dedicated crime or for blackmail, theft, forgery, fraud, breach of belief, perjury, perjury, slander, fabrication, obscenity, prostitution, fraudulent chapter, embezzlement, extortion, bribery, smuggling, bid rigging, fraudulent execution, laundering of property values arising from crime, crimes in opposition to sexual immunity, crimes in opposition to public peace, crimes in opposition to the constitutional order and the functioning of this order, crimes in opposition to nationwide protection, crimes in opposition to state secrets and techniques, espionage crimes and terrorism not having been sentenced wants.
NO NON-MEDIA ACTIVITY REQUIRED
Those that request a card will even be required to have made a contract in accordance with the provisions of the Regulation on the Regulation of Relationships between Staff and Staff within the Media Career, to work with out interruption for a interval of not multiple month from the date of dismissal, aside from drive majeure, and to not interact in business actions aside from media actions.
Periodical publication homeowners or authorized entity representatives requesting a press card, chairman of the board of administrators of radio and tv, staff who can get hold of press playing cards in public establishments and organizations, and Turkish citizen media members working in international press-broadcasting organizations who request a press card “To have made a contract in accordance with the provisions of the Regulation on the Regulation of Relationships Between Staff and Staff within the Career of the Press, and to work continuous for not more than 1 month from the date of dismissal, aside from drive majeure, and to not interact in business actions aside from media actions” situations won’t be sought.
For individuals who request a everlasting and free press card and people who request a press card for responsibility by means of the Turkish Radio and Tv Company (TRT). “To have made a contract in accordance with the provisions of the Regulation on the Regulation of Relationships Between Staff and Staff within the Career of the Press and to work with out interruption for not more than 1 month from the date of quitting, aside from drive majeure” situation won’t be required.
FOREIGN PRESS CARD
In the event that they certify that they’ve been assigned by the media group, have work permits in accordance with the Worldwide Labor Regulation, submit a letter of introduction from the embassy, embassy or consulate in Turkey of the nation the place the headquarters of the group they’re affiliated with, to the international media members who request a press card, card might be issued.
The Press Card Fee will include 19 members. Along with the three members representing the Presidency, the fee will embrace 2 members to be decided by the union with the best variety of press card holders among the many unions working as a labor union, and three members to be decided by the Presidency from among the many deans of the communication school or journalists holding press playing cards. The time period of workplace of the members might be 2 years. Members whose time period has expired might be re-elected.
Fee; will determine whether or not to hold a press card by evaluating the applicant’s {qualifications}, skilled research, works and awards.