KÜHEYLAN HUKUK
TCK Art.285 and m.288, CMK Art.157, Press Law No. 5187 Art.3 and m.21 were prepared on the basis of the legislation in force as of 2026 and the official sources dated November 2026, with Law No. 6112 Art.7.
The rules of publication bans and confidentiality of the investigation given in investigations that are of interest to the public pose criminal and administrative risk for journalists and broadcasters. 285 of the Turkish Criminal Code. The article punishes a public breach of the confidentiality of the investigation by imprisonment or judicial fines from one year to three years; however, the sixth paragraph of the same article clearly regulates that it is not a crime to make a news subject before the limits of reporting of investigations and prosecution proceedings are exceeded. The Constitutional Court, as part of the investigation 3rd Amendment to the Press Law. On the basis of its article, it found the prohibition of publication to be without legal grounds and ruled that freedoms of expression and press were violated. The violation of the broadcasting ban gives rise to RTÜK sanctions for radio and television.
What does the confidentiality of the investigation mean?
157 of the Criminal Procedure Act. According to the article, procedural procedures in the investigation phase are confidential provided that other provisions of the law remain hidden and do not damage defense rights. This rule is intended to protect the suspect's innocence Karine and his personal life, with the salute of the investigation. Confidentiality is born as an obligation to the investigating authorities and officials involved in the proceedings; while reporting on this information is 285 of the Turkish Penal Code. It is evaluated under the terms of its article.
153 of the Criminal Procedure Act of the lawyer's authority to examine the file. Its restriction according to the article is a separate institution and does not limit the right of direct press to make news. In practice, these two concepts are often confused.
According to Article 285/1 of the TCK, a person who publicly violates the confidentiality of the investigation shall be punished with imprisonment or judicial fine from one year to three years. With the amendment made in 2012, the occurrence of crime has been linked to two alternative conditions: that by disclosure of the contents of the investigation process, the presumption of innocence, the breach of confidentiality of communications or privacy, or that the disclosure is conducive to preventing material truth from being revealed. The publication of one of these two conditions does not constitute a crime before it occurs.
The second paragraph of the article punishes, without seeking an acknowledgment, the breach of confidentiality of the decisions that must be kept confidential to the parties of the investigation and the transactions connected with them (e.g., the decision to seize or supervise communication which has not yet been implemented). The fifth paragraph links the publication of their images to a prison sentence of six months to two years, leading to people being perceived as criminals. The sixth paragraph is decisive: it does not constitute a crime for investigation and prosecution to be subject to news without exceeding the limits of reporting. The punishment is increased to half if the public servant commits the crime by taking advantage of the ease provided by his duty.
In addition, Article 288 of the TCK imposes a judicial fine on making a public statement in order to influence the judge, expert or witness against the law in an apparent case or investigation. Press Law 21. The article also links publications that explain the identities of crime perpetrators or victims of sexual crimes under the age of eighteen to sanctions with heavy fines.
Is There a Legal Basis for Prohibition Decisions?
In practice, investigations on the agenda of the public can be decided by magistrates or courts at the request of the public prosecutor's office to ban any publication related to the incident. As a basis for these decisions, the Press Law, which often regulates the limits of press freedom, 3. The item is shown.
General Assembly of the Constitutional Court, Public Radio and Television Publishing Inc. dated 11.7.2019. In his decision (B. No. 2014/19270), Press Law 3. It determined that its provision did not include any regulation on the prohibition of publication as a preventive measure, and that it did not predict in what case the consequences would arise, and ruled that freedoms of expression and press were violated due to interference without legal basis. Court, New Day News Agency Press and Publishing Inc. dated 25.9.2019. and others in its decision (B. No. 2014/4430) has also ruled a breach in the same direction.
This jurisprudence is the basic basis for appeals and individual applications to be made against non-publishing decisions. The uncertainty, discontinuity and lack of justification for the scope of the ban decision should also be objected to. In accordance with Articles 267 and continuation of the Criminal Procedure Act against decisions of a magistrate's jurisdiction, an appeal may be filed within seven days from the date of the decision being learned.
Law No. 6112 7. According to the article, broadcasts cannot be inspected in advance in emergency situations such as war, terrorist attack and natural disaster; however, in cases where national security is explicitly required or where serious deterioration of public order is highly likely, the President or vice president he will appoint or minister may impose a temporary broadcasting ban. The abort case against these decisions is filed directly in the Council of State and the request to cease execution shall be decided within forty-eight hours.
The broadcast of the media service provider's programs, which broadcast against broadcasting bans, is stopped by RTÜK for one day in the first violation; stop up to five days and fifteen days in repeats within a year, license cancellation is applied on the third replay (m.7/4). This heavy chain of sanctions mandates that the scope of the ban be considered legally before publication.
President's ban on publication The abort case is directly in the Council (6112 s.K.). m.7/3)
RTÜK sanctions 1 day in first violation, 5 and 15 days in repeats, then license cancellation
Event Summary Form: Fictional example: Following the detention proceedings in a bribery investigation against a municipality, an internet news site published a report that quoted the number of detainees, their titles and the general nature of the charges. There is no quoting or communication detection content from the statements in the news. An investigation has been launched into the reporter under TCK Article 285. Process: The defense has suggested that the news only conveys the existence of the investigation and its public consequences, that the names of suspects are given in their initials and not described as criminals, and that the news contains no content to prevent material truth from being revealed. Conclusion: None of the two alternative conditions of Article 285/1 of the TCK have been fulfilled; the presumption of innocence has been preserved and no information suitable for blacking out the evidence has been transferred. The news is expected to be decided that there is no room for prosecution, as it remains within the boundaries of reporting in the sixth paragraph of the article. If the news contained detailed excerpts from the statements, the assessment might have been different.
Is it a crime to report the incident when there is a ban on broadcasting?
The violation of the broadcasting ban is not a separate type of crime on its own; however, criminal liability may arise if the content carries elements of crimes such as Article 285 or Art.288 of the TCK. Radio and television also implement RTUK sanctions.
Does the ban include social media posts?
The scope of decisions is written differently in each file. The uncertainty of the scope can be objected to in terms of the principle of predictability.
Does the indictment continue to be classified after it is accepted?
Privacy in CMK Art. 157 relates to the investigation phase. In the prosecution phase, the rule is allele; however, if a closed trial decision has been made, the confidentiality of statements in the hearing is protected by TCK Art.285/3.
Is it a crime to publish a photo of the suspect?
The publication of the person's image in such a way as to lead to their perceived guilt is a crime under Article 285/5 of the TCK. Headings that present the handcuffed image and the charge as definitive judgment carry risk.
Can you go to the Constitutional Court against a ban on publication?
Yeah. An individual application can be made within thirty days after the objection route is exhausted. Broadcasters and journalists have an application license because they are directly affected.
• The fact that the lawyer's file review restriction and publication ban against the press are the same thing. • Failure to appeal the ban decision within a seven-day period and closing the individual application path. • Failure to evaluate the legal risk of excerpts from statements and wiretaps prior to publication. • Communication of suspects by full names and photographs, portrayed as criminals. • Non-checking of prohibited coverage on radio and television prior to streaming.
Reporting on investigations is a natural part of the audit function that the press conducts on behalf of the public. The law protects this function with the limit of reporting in paragraph six, while the Constitutional Court has characterised the prohibitions of indefinite publication as a violation of rights. Evaluation of the content of the news and the scope of the prohibited decision before publication reduces risks. Küheylan Law Office provides legal support to broadcasters in pre-publishing legal evaluation, objection to publication ban decisions, defense and individual application processes in TCK Art.285 investigations.
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. Each publication and each ban decision contains its own unique circumstances. Legal support from a lawyer is recommended before publication and appeal processes. © 2026 Küheylan Law Office. All Rights Reserved.
KÜHEYLAN HUKUK