KÜHEYLAN HUKUK
The Responsibility of the Work Owner, Responsible Director and Publisher under Article 11, m.12, m.26 and m.27 of Press Law No. 5187 was prepared on the basis of legislation in force as of 2026 and official sources dated November 2026.
In crimes committed through printed works or internet news sites, the public case must be opened within special periods much shorter than the general statute of limitations: four months in terms of daily periodicals and Internet news websites, six months in terms of other published works. These periods are a condition of judgment; the case filed after its expiration cannot be examined in essence. Criminal responsibility is, as a rule, the owner of the work; if the owner of the work is not clear or can't be judged, the responsible director and the authority to which he is bound shall be responsible. Whether the broadcast is a periodical, internet news site, or personal social media sharing, it directly changes the amount of time that will be applied.
What are the Special Case Periods in the Press Law?
26 of the Press Law No. 5187. Pursuant to the article, criminal cases committed through printed works or internet news sites or related to other crimes prescribed in this Law are required to be opened within four months for daily publications and Internet news websites and six months for other published works. Until 2012, these periods were two and four months; extended by Law No. 6352, Internet news sites were covered by Law No. 7418.
The deadlines start from the date that the work was handed over to the public prosecutor's office in printed works, and on internet news sites from the date of the report. If the work has not been handed over to the attorney general, the period will take place from the date on which the verb was learned by the attorney general. In any case, these periods cannot exceed the statute of limitations in Turkish Penal Code.
The substance predicts separate starting moments for situations that are common in practice. The time it takes to file a lawsuit in complaints-related offences (e.g. defamation) begins from the date of learning that the crime was committed, provided that the case does not exceed the statute of limitations. In the event that the responsible director informs the owner of the publication, the work will process the date of notice in the case against the owner. The period against publication in works allegedly published despite opposition from the director in charge begins with the finalization of the acquittal decision on the principal in charge.
In crimes related to permitting or decision making of a public case (e.g., permission from the Ministry of Justice on offense of insulting the President), the deadline stops with the application being made; however, the period of cessation cannot exceed four months. This limit prevents the extension of the permit process to de facto inoperable time.
Private case durations apply only to crimes committed through "internet news sites" in the sense of "printed works" and Press Law. 7th Press Law so that a site can be counted within this scope. According to its article, it must have filed a declaration. In posts made through news sites, personal blogs and social media accounts that have not given a declaration, it is not the four-month period of the Press Law, but the 66th of the Turkish Penal Code. The general case statute of limitations shall apply.
This distinction is the point at which the defense must first check. If the same content is published on an internet news site and on a journalist's personal social media account, the time for each publication must be calculated separately. In terms of the internet version of printed newspaper, it should also be examined whether a separate declaration of the site has been found.
To Whom Does Punishment Belong?
11th Press Law. According to its article, the crime committed through printed works or internet news sites occurs at the time of publication and the author is, as a rule, responsible for crimes committed through periodicals or indefinite publications. The concept of the author of the work has been extended by Law No. 7418 to include those who write articles and news, as well as those who record or edit visual or auditory content (m.2).
In cases where the owner of the work is unclear in periodicals, does not have a criminal license at the time of publication, cannot be tried in Turkey because he is abroad, or the punishment to be given does not affect another definite conviction, the director responsible and the director of the publication shall be liable, such as the editor. If the work has been published despite opposition from the responsible director and the authority he is affiliated with, responsibility will be passed to the publisher. In indefinite publications (such as books), this secondary responsibility belongs to the publisher, and if not, to the publisher.
12 of the Law. The article also assures that the periodical owner, responsible director and work owner cannot be forced to disclose news sources including information and documents and to testify on this matter.
Those who do heavy criminal work for crimes committed through the press are punished severely, while others are seen in primary criminal courts. If there are more than one apartment in a place, the cases are seen in court number two and these cases count as hasty work (m.27). The fines stipulated in the Law cannot be translated into a free-will binding sentence (m.28), except for crimes of destruction, by failing to comply with the resolutions on correction and response.
Event Summary Form: Fictional example: An internet news site that gave the declaration published a report on a municipal tender in March. A company official mentioned in the report filed a criminal complaint in April, while the indictment was issued to the first criminal court in September. The author of the story is known and has a signature on the news. Process: The defense proved in its petition before the first hearing that the site was an Internet news website in the sense of the Press Law, and asserted that the four-month period had expired from the date of the criminal complaint to the date of the indictment being filed against the court. In terms of the charge against the director in charge, it has been emphasized that the owner of the work is clear. Conclusion: Since the time to file a lawsuit is a condition of reasoning, the court must decide whether to fall before it is based on the fact that the deadline has passed. Nor is the secondary responsibility of the director responsible for the fact that the work owner is specific and can be judged. If there is a complaint-related crime, such as insulting, the start of the period must also be calculated as the date on which the complainant learns the news.
Does the four-month period apply to the completion of the investigation, or to the filing of the case?
The law uses the phrase "opening criminal cases". During the time period, the indictment must be regulated and accepted; it is not enough that the investigation has been initiated.
What happens in a lawsuit after the deadline has passed?
Due to the absence of a judgment requirement, the case cannot be examined in its entirety. This issue can be asserted at any stage of the trial and should also be observed by the court.
Will republishing the news restart the time period?
A new publication could give birth to a new crime and a new period of time. The difference between keeping the news in the archive and its content being changed and republished should also be evaluated in the concrete event.
Does the reporter have to disclose his news source in court?
Oh, no. 12 of the Press Act. The article assures the owner of the work, the director responsible and the publisher not to be forced to disclose the source of the news and testify.
In what case is the responsible director tried?
As a rule, in cases where the owner of the work is unclear or cannot be judged. If the owner of the work is obvious, the responsible director will not be liable for the content of the publication.
• Defending the site according to general statute of limitations without checking the declaration status. • Failure to identify the date of the complaint and the date of acceptance of the indictment from the file. • Calculating times for broadcasts of the same content on different media over a single date. • Not to object in this way to the charge against the responsible principal, even though the owner is obvious. • 12 of the Law on questions that force the news source to explain. Responding without being reminded of the clause.
The trial deadlines and liability rules of the Press Act often determine the fate of the file in crimes alleged to have been committed through the press without merit. The correct determination of the legal nature of the publication, the starting moment of the period and the order of responsibility at the first stage is the first step in defense. Küheylan Law Office offers legal support in investigations and prosecutions against journalists, responsible directors and broadcasters, from procedural objections to the defense of the principal.
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. Calculating times can vary depending on the dates in the concrete file. Legal support from a lawyer is recommended before the stages of testimony and defense. © 2026 Küheylan Law Office. All Rights Reserved.
KÜHEYLAN HUKUK