KÜHEYLAN HUKUK
Turkish Civil Code Art.24-25, Turkish Code of Obligations Art.58 and 5187 The Violation of the Right to Personality under Press Law Art.13 was prepared on the basis of legislation in force as of 2026 and official sources dated November 2026.
If a publication on the newspaper, magazine, television or internet news site undermines the right of personality in an unlawful manner, the person who is harmed may sue the first court of law for requests to publish the decision on moral compensation and condemnation. The Supreme Court evaluates the relevance of news to visible reality, public utility, social interest, currentity and balance between self and form in disputes where freedom of the press and the right to personality are at odds. The owner of the work, the publisher and its representative, if any, are jointly and jointly responsible for the damage. The case must be filed within two years of the discovery of damages and compensation obligations, or ten years from publication in any event.
When Is the Right to Personality Violation Through the Press Illegal?
24 of the Turkish Civil Code. According to its article, every attack on the right of personality is unlawful unless the consent of the person who is harmed is justified by a higher quality of private or public interest or an authority vested in the law. In terms of the press, the most frequently proposed reason for legal compliance is the superior public benefit arising from the right to receive public information. 28 of the Constitution. Article 3 of the Press Law No. 5187. The article gives the press the freedom to acquire, disseminate, criticize and interpret information; the same article also makes it clear that this freedom can be limited by consideration of the reputation and rights of others.
Therefore, not every negative news is indemnified. The publication, which criticizes the activities of a public official, politician or company that is on the public agenda, can also be protected using harsh and even disturbing language. Unlawfulness occurs when the news does not have a basis for reality, where the public interest link cannot be established, or when the language used tends to humiliate the person by transcending the essence of the news.
What Measures Does the Supreme Court Apply?
Court of Cassation 4. On cases based on violation of the right to personality through the press. The Legal Office is looking. The agency is based on the following criteria in assessing publication in its established decisions: the fact that the news conforms to visible reality, the public interest and social interest in the news, the current issue, and the preservation of the intellectual connection between the essence of the news and the way it is presented. Visible reality refers to the fact that the information and documents in the journalist's possession at the time of publication, when viewed with reasonable care, confirm the news; the fact that the material truth revealed later is different does not alone result in unlawfulness.
In its judgment of 15.11.2022, case E.2021/103, decision K.2022/14707, the Fourth Civil Chamber of the Court of Cassation quashed an award of damages. It accepted that striking headlines can be a journalistic technique and that, when a report considered as a whole concerns matters of social and public interest, the balance between substance and presentation may be maintained. Conversely, in its judgment of 20.03.2025, case E.2024/6284, decision K.2025/4657, the same Chamber upheld non-pecuniary damages for a report making categorical factual allegations based on audio recordings taken from social media without verifying their authenticity. It referred to the Constitutional Court's Enver Kaya (3) judgment, application no. 2020/20482, dated 6/9/2023, on the absence of a public right to receive unverified or false information.
The measure that occurs when these two decisions are read together is: not the hardness of the headline, but the level of confirmation of the source on which the news is based. While the news based on an official explanation, indictment or court order is protected as a rule, it is not preserved as if it was written as a definitive judgment based on unconfirmed anonymous sources.
Who is Responsible in the Case and What Can Be Requested?
13th Press Law. The article regulates that the owner of the work, the publisher and its representative, if any, are jointly and jointly responsible in periodicals for material and spiritual damages arising from acts committed through printed works or internet news sites. The publishing owner is the chairman of the board of directors in joint stock companies and the top executive in other companies are also responsible with the company. The transfer of the broadcast after the verb, or its merging with another publication, does not remove the responsibility; the taker is also liable.
The Claimant, 58 of the Turkish Code of Obligations. According to its article, it may claim non-pecuniary damages. The judge may also rule that a decision condemning the attack should be made instead of money or in addition to money, and that this decision should be published. 25 of the Turkish Civil Code. The article, on the other hand, allows for prevention of attack, termination of ongoing attack, detection of unlawfulness and notification or publication of the decision to third parties. Legal persons may also seek non-pecuniary damages if their commercial reputations are damaged.
An up-to-date point should be noted in terms of removing content on Internet news sites: 9th Amendment to the Law No. 5651, which regulates the request for access from a peace criminal judge in violation of his or her right to personality. Article of the Constitutional Court
E.2020/76 was cancelled by its decision K.2023/172 and no new provisions were replaced. Therefore, the request for removal of content must be put forward within the framework of Article 25 of the Turkish Civil Code and provisions of precautionary measures in the case of compensation.
The incumbent court is the first court of law. 16th Amendment to the Law of Jurisdiction in cases based on unfair verbs. Under its article, the plaintiff may file the case in a place where the unjustified act was committed or the damage occurred, or in his own settlement court. In national publications, this rule allows the plaintiff to file a lawsuit where he is.
72 of the Turkish Code of Obligations. According to its article, the claim for compensation expires after two years from the date on which the damaged person learns of the damage and compensation liability, or in any case ten years from the date on which the verb was committed. If the verb also constitutes a crime in which longer statutes of limitations are prescribed, the statute of limitations shall apply. Interest is operated from the date of publication, which is the date of the wrongful verb.
Authorized court Where the verb was committed, where the damage occurred or the plaintiff's settlement (HMK m.16)
Requests non-pecuniary damages, condemnation and publication of decision, determination, removal of content
Alternative path Right of reply and correction: 2 months from publication (Press Law Art. 14)
Event Summary Form: Fictional example: An internet news site has written that a recognized dentist in the area "has been looking at patients for years with a fake diploma." The only source of the news is an anonymous social media post. The Physician has had appointment cancellations after the publication of the news and complaints have been lodged in the professional room. Process: The Physician sent a reply and correction text to the internet news site by providing approved samples of his diploma and specialisation documents, then filed a lawsuit against the author reporter, the owner of the site, and the director of the company in the first instance court of law in his own settlement with requests for non-pecuniary damages, publication of the condemnation decision, and removal of content. Conclusion: According to the application of the Supreme Court, the news does not meet the criterion of visible reality, as it is written in a language containing final judgment based on an unverified source. The fact that it was a matter of public health alone would not protect the news; the journalist should have fulfilled his reasonable verification obligation. In such a case, the request for compensation and condemnation is expected to be accepted.
If there is no name in the news, can a lawsuit be filed?
Even if no name is used in the news, a case may be filed if it is possible to recognize without hesitation by the person's environment due to the details of the photo, title, workplace or event. The decisive thing is that the reader can understand who the news is talking about.
Does exercising the right to answer and correct take away the right to compensation?
Oh, no. The tekzip right and the compensation case are independent of each other. The publication of the text may be considered in determining the amount of non-pecuniary damages, but does not terminate the right to sue.
Do politicians and public officials have to endure more criticism?
Yeah. According to the Constitutional Court and the European Court of Human Rights jurisprudence, the limit of criticism about public personalities is broader than that of ordinary individuals. However, this width does not protect the claim of non-factual phenomena.
Is the reporter writing the news or does the newspaper pay compensation?
In accordance with Art. 13 of the Press Law, both are liable to the trustee. The plaintiff may request the full compensation from any of those responsible.
Can a criminal complaint and an indemnity lawsuit be carried out together?
Yeah. With a complaint for libel or libel, the legal case is separate. The acquittal in the criminal case does not bind the judge of law with respect to defects and damages.
• Screenshot of publication, its URL and date of publication are not made evidence by way of notary or e-test. • Opening the case only against the reporter, not including the publishing owner company and its manager in the case. • Failure to parse facts with the criticism in the news; lawsuit against protected criticism. • The calculation of the two-year statute of limitations by the date of the case, rather than the date on which the news was learned. • Waste of time by resorting to the cancelled 5651 m.9 path for removal of content.
In personality rights violations through the press, the outcome of the case is often determined by an analysis of the sources on which the news is based. Visible reality, public good and measures of balance of form with self require the publication to be examined in line and the evidence secured before the case is filed. Küheylan Law Office provides legal support in evaluating publication content with the criteria of the Supreme Court and Constitutional Court, managing the response and correction process, and following up on non-pecuniary damages cases.
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. The unique conditions of each file can change the result. Legal support from a lawyer is recommended before the time and process of litigation begins. © 2026 Küheylan Law Office. All Rights Reserved.
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