KÜHEYLAN HUKUK
Legal basis: Law No. 195 on the Establishment of the Press Advertising Agency, Articles 35/A and 49; Constitutional Court case E.2023/168, decision K.2025/132. Prepared using legislation in force in 2026 and official sources dated November 2026.
Official ad and advertising revenue is often the basic income item for local newspapers and internet news sites. The Constitutional Court abrogated the old provision, which gave the Press Office authority to cut an unambiguous advertisement, in violation of the principle of law, and established a new system of sanctions valid from 1.7.2026 by Law No. 7587. In the new system, between one and ten days of notice cutting is applied in the first violation, the duration increases gradually in repetitions, and the total time that can be applied at once cannot exceed sixty days. The administrative judicial path against the approval decisions is clear. In addition, the new technical rules for internet news sites will come into force on 1.1.2027 with guidelines issued by the Agency in October 2026.
How to Win an Official Proclamation Right?
In accordance with Law No. 195, the official advertisements that public institutions are obliged to publish are distributed through the Press Announcement Agency and to periodicals bearing the qualifications set by the Institution. The Directorate General of the Institution announces a list of newspapers and internet news sites that can be made official on its website at the end of each month; disputes arising from not being listed are 38 of the Law. Solved by the procedure in its article (m.37).
Article 35/A, added by Law No. 7587, stipulates that the qualifications of internet news sites shall be determined by the General Assembly of the Institution in terms of the number of news, content, staff, readership and minimum broadcasting life span. Thus, the criteria previously found only at the regulatory level have achieved a legal framework. In order for a site to receive an official advertisement, it must first be an internet news website that has filed a statement under the Press Law, then meet the General Assembly criteria continuously during the specified waiting period.
Why did the Constitutional Court cancel the Old Amendment?
By its judgment of 17.6.2025, case E.2023/168, decision K.2025/132, the Constitutional Court annulled Article 49, paragraph one, subparagraph (a), of Law No. 195. The provision had empowered the Agency to suspend official announcements and advertising for up to two months. The Court held that granting this power through a general reference, without a sufficiently defined framework for the conduct sanctioned or the duration and extent of the sanction, was incompatible with the legality principle under Article 13 of the Constitution and with freedom of expression and the press under Articles 26 and 28.
With the same decision, the sentence that the decision on objection is final has also been aborted. The court considered the closure of sanctions resolutions with severe economic consequences to the supervision of a higher authority as a disproportionate limitation on the freedom to seek rights. The resolution was published in the Official Gazette on 13.10.2025.
How Does the New Ad Cutting System Work?
8 of Law No. 7587. Article 49 reorganized. The article has been implemented since 1.7.2026. The Board of Directors of the Institution implements an official notice and ad-cutting effect from one day to ten days, taking into account the nature, weight and duration of the infringement on newspapers, magazines and internet news sites that do not carry the qualifications or perform the assignments stipulated in the Law. The editorial body is not benefited from the other benefits provided by the Law during the same period.
The first repetition of the same-quality violation within a year from the notification of the decision on approval shall be five to fifteen days, in the second repetition ten to twenty days, and in the third and subsequent iterations fifteen to twenty days. If the violation lasts longer than a month, the number of days determined will be increased by onefold; if there is a breach on more than one issue, the days will be collected, but the total amount that can be applied at once cannot exceed sixty days. The decision is implemented by the General Directorate following its finalization; and for publications in waiting period, it is applied after the announcement right has been earned.
The new text does not include general reference to the press morals principles included in the old regulation, but attributes the opinion to qualifications, assignments and responsibilities determined by the Law and General Assembly. This change expands defense capabilities in terms of content-based sanctions.
At the meeting of the Board of Directors of the Institution dated 9.10.2026, amendments were made to the Communiqué on the Publication of Official Notices on Internet News Sites and the Communiqué on Technical Rules of Internet News Sites, and two practice guidelines were published at the end of October 2026. The amendments will take effect on 1.1.2027.
Accordingly, visuals leading to official ads should be shown to all visitors, including mobile devices, the main page and the "Official Ads" category page should be technically marked, and the address of the category page should be notified to the Institution via ILANBIS. In accordance with the principle decision of the Personal Data Protection Board dated 1.7.2026, the text of advertisements containing personal data was seven from publication.
After the day, it will be replaced by the specified statement text and access to the old text will be removed. The technical manual also regulates the marking of advertising spaces with special labels and content source standards. Failure to comply with these rules, the new 49. It can be considered a violation of homework under the article.
Prolonged violation If it exceeds 1 month, the number of days will be increased by onefold.
Judicial path Administrative judgment according to the provisions of IYUK; 60 days as a rule
Event Summary Form: Fictional example: A local internet news site receiving official notice has been found to be below the minimum daily original number of articles in the General Assembly criteria for two months. The Board of Directors doubled the ten-day cut, citing that the breach took more than a month, and granted a twenty-day notice. Process: The site filed an abort case in the administrative court within the period of notification of the decision. In the petition, it was shown with server records that the content considered to be duplicates in the news count is actually original, and it has also been suggested that selecting the upper limit within one to ten days was not justified. Result: New 49. The article orders that the number of days be determined in consideration of the nature, weight and duration of the violation. The choice of the upper limit in the first violation requires concrete justification. In the event that the count on which the determination is based proves to be incorrect, cancellation of the transaction in terms of reason element, even if the count is correct, it is possible to determine partial unlawfulness in terms of moderation.
What about the severance penalties that were issued under the old arrangement?
The effect of the Constitutional Court decision should be assessed on a file basis in terms of procedures based on an aborted judgment and not yet finalized. In ongoing cases, it is possible to rely on an annulment decision.
Can an ad-cutting penalty be imposed due to news content?
The new text linked the approval to violations of qualifications and assignments. In the event of a content-based sanction, it should be made clear which law or General Assembly arrangement the paper is based on.
Is a site in waiting period also subject to approval?
Yeah. However, the approval granted to these sites is only applied after the right to an official advertisement has been earned.
Would filing a lawsuit stop the execution of the suspension?
The law stipulates that the agreement shall be enforced following the finalization of the decision. The determination of the moment of certainty must be made according to the concrete file; if necessary, halting execution should also be requested.
Will the site be responsible for ads containing personal data?
At the end of the seven-day period from 1.1.2027, changing the text becomes an assignment. Failure to comply with this obligation poses a risk in terms of both the Institution's approval and personal data legislation.
• The number of reports, staff and traffic data is not documented on a monthly basis and the defense remains unsubstantiated. • Not to be audited whether the number of days is justified in the opinion decision. • Abduction of the trial period or monitoring of the appeal path in the old arrangement. Failure to adapt the site's infrastructure to technical rules that will come into force in • 1.1.2027. • Failure to set up workflows to replace ads containing personal data after seven days.
Press Announcement Agency sanctions, along with the Constitutional Court decision and Law No. 7587, have gradually achieved a structure whose boundaries are specific and open to judicial control. This structure provides broadcasters with stronger defense capabilities, but also requires constant monitoring of technical and administrative compliance. Küheylan Law Office provides legal support in the auditing of legislation compliance of official classified newspapers and internet news sites, preparing defenses before the Institution, and abort cases against approval decisions.
Important Legal Notice: The legal statements contained in this guide are prepared by the Küheylan Law Office for general informational purposes and do not qualify as legal counsel. Current texts on the date of application should also be checked, as General Assembly criteria and communiqué provisions may change. Legal support from a lawyer is recommended before litigation and defense processes. © 2026 Küheylan Law Office. All Rights Reserved.
KÜHEYLAN HUKUK