REBUTTAL PROCEDURE AND REMEDY AGAINST MISLEADING / UNTRUTHFUL NEWS IN TURKISH LAW

This article focuses on the legal measures that can be taken against misleading or untrue news, in particular the right to “retraction” and how to exercise this right.

THE WORD TAKZIP IN TURKISH

The word “takzip” was adopted into Turkish from Arabic during the Ottoman period. In the Ottoman Empire, the term “takzip” was used in official correspondence to correct misunderstandings or refute a claim. This usage became widespread, especially in the fields of law and bureaucracy.

WHAT IS A RETRACTION IN TURKISH LAW?

The legal meaning of a retraction is different from its common usage in Turkish. In legal terms, a retraction is the right of demand the correction of misleading, incomplete or untrue information or news published about it. The exercise of this right aims to protect the honor and dignity of the person.

REPETITION PROCEDURE AND REMEDY UNDER THE PRESS LAW NO. 5187

LEGAL BASIS OF THE RIGHT TO REPROACH

In Turkey, the right of retraction is regulated under the Press Law No. 5187. Article 14 of the Law, titled “correction and reply”, determines how to exercise the right of retraction and the limits of this right. In addition, Law No. 5651 on the Regulation of Publications on the Internet and Combating Crimes Committed through Such Publications contains regulations on the correction or removal of misleading or untrue content on the internet.

FREQUENTLY ASKED QUESTIONS ABOUT THE RIGHT OF RETRACTION

I WANT TO PUBLISH A RETRACTION. UNDER WHICH CONDITIONS CAN I PUBLISH A RETRACTION?

News published in periodicals such as newspapers, magazines, annual reports, etc. may sometimes be untrue and violate the personal rights of individuals. There are some rights granted to the victims by the law against false and untrue news published about you, which we call fake news in daily language. One of these rights is regulated in the Press Law No. 5187. With Article 14 of the Law titled “correction and reply”, there are rights granted to the victims of false news through the procedure called retraction in law.

The FIRST PREREQUISITE for the exercise of the right of retraction, in accordance with Article 14, is that the content subject to retraction must be published through periodicals.

What is a Periodical Publication: “Periodical” refers to publications that are published regularly for a certain period of time. This term is generally used for periodically printed or digitally published publications such as magazines, newspapers, newsletters. Periodicals can be published at different time intervals such as daily, weekly, monthly, yearly.

Examples of periodicals;

Daily newspapers: Newspapers published every day.

Monthly magazines: Magazines published on a specific date each month.

Annual reports: Corporate reports published on a specific date each year.

Periodicals provide readers with up-to-date information, news, analysis and commentary on a specific topic or in general. These publications have a set frequency of publication and usually appeal to a specific target audience.

The publication of an article or news in periodicals does not give the right of retraction alone, but this publication must also have been made in a way that violates honor and dignity or contains false information.

In the presence of these two conditions, real or legal persons may apply for a retraction under Article 14 of the Press Law No. 5187.

WHAT IS THE PROCEDURE FOR EXERCISING THE RIGHT OF RETRACTION?

Article 14 of the Press Law explains in detail the procedure for exercising the right of retraction. In the event that the right to retraction arises, the person who is damaged by this should exercise the right to retraction within 2 months from the date of publication and notify the relevant periodical publishing organization of the correction letter. If the person who has the right of correction and reply is dead, this right may be exercised by one of the heirs. In this case, an additional one month shall be added to the two-month period for the right of correction and reply in the first paragraph.

The period of forfeiture for a retraction notice is 2 months from the date of publication of the news. Within 2 months, the correction letter with a retraction request must be notified to the relevant publishing organization by means of warning, mail, e-mail, etc. It must be proved that the retraction request was sent to the relevant organization within 2 months from the date of publication of the news.

WHAT SHOULD BE THE CONTENT OF THE CORRECTION AND REPLY LETTER TO BE SENT TO THE RELEVANT ORGANIZATION IN LINE WITH THE EXERCISE OF THE RIGHT OF RETRACTION?

The correction and reply letter to be sent must be sent within 2 months and this letter to be sent must not contain criminal elements and must not be contrary to the legally protected interests of third parties. The correction and reply cannot be longer than the relevant article. In cases where the work giving rise to the correction and reply is less than twenty lines of text or a picture or cartoon, the correction and reply cannot exceed thirty lines. In the correction and reply, the work that caused it shall be specified. It is important to obtain legal advice from an expert lawyer while preparing the correction and reply. Considering that the article of the law determines the procedure of the retraction process in detail and by stipulating deadlines, it is highly likely that a mistake will lead to the loss of the right to retraction. For this reason, if you have a request for a retraction, you can contact Yeşilağaç Law Office (Lawyer Yusuf Yeşilağaç) and exercise this right in full with our lawyers.

WHAT SHOULD THE PUBLISHING ORGANIZATION THAT RECEIVES THE RETRACTION DO?

The responsible manager of the relevant publishing organization receiving the retraction letter must publish it in the same font size and in the same manner on the page and column on which the relevant publication is located, in daily periodicals within three days at the latest from the date of receipt of the letter, and in other periodicals in the first copy after three days from the date of receipt of the letter, without making any correction or addition to the letter. In the event that the publication of the correction and reply is decided by a judge, the time limits shall start from the date of finalization of the decision, if the decision of the criminal judge of peace has not been appealed, or from the date of notification of the decision of the competent authority, if an appeal has been filed.

In the event that the periodical is published in more than one edition, the correction and reply shall be published in all editions in which the work giving rise to the exercise of the right of correction and reply is published.

CAN A LAWSUIT BE FILED FOR THE EXERCISE OF THE RIGHT OF RETRACTION IF THE PUBLISHING ORGANIZATION DOES NOT PUBLISH THE CORRECTION AND REPLY LETTER AT ALL OR PUBLISHES IT INCOMPLETELY?

In the event that the correction and reply article is not published as stipulated in the law, the right holder has the right to file a lawsuit against the relevant broadcasting organization. The time until this lawsuit can be filed is determined in the law in a probabilistic manner.

The organization receiving the notification may not have published the correction and reply letter at all or may have published it incompletely. However, the entire procedure is very clearly defined in the article of the law and the relevant sanctions are clearly defined in case of violation.

The victim has the right to file a lawsuit with the Criminal Judge of Peace if the concerned publishing entity either fails to publish the correction and reply letter or publishes it incompletely after being notified. This action is in line with the specific article of the law. If the broadcasting organization does not adhere to the legal time frame for publishing the reply and correction letter, the individual seeking the correction can, within 15 days from the publication date, approach the criminal judge of peace in their jurisdiction. They can then request a decision either for the publication to be made or for it to align with the stipulations of the law.

The criminal judge of peace shall decide on this request within three days without holding a hearing. An urgent appeal may be filed against the decision of the criminal judge of peace. The competent authority shall examine the objection within three days and render a decision. This decision of the competent authority is final.

WHAT SANCTIONS ARE IMPOSED IN CASE OF NON-COMPLIANCE WITH A RETRACTION ORDER ISSUED BY A CRIMINAL JUDGE OF PEACE?

If a media outlet does not comply with a retraction request or rejects the request, Press Law No. 5187 provides for fines for media outlets and responsible managers who do not comply with a retraction request.

A fine of between 10,000 liras and 150,000 liras is imposed on the responsible manager and his or her subordinate officials who fail to comply with a judge’s final decision to publish a correction and reply. This fine is set at a minimum of 20,000 liras for regional media sources and 50,000 liras for national media sources (Article 18/1 of Law No. 5187).

The owner of the publication, the responsible manager and the official to whom the manager reports are jointly and equally (severally) responsible for the payment of this fine (Article 18/2 of Law No. 5187).

If the text of the correction and response is not published or is not published in accordance with the legal requirements, the judge may also order that this text be published as an advertisement in two newspapers with a circulation of more than one hundred thousand, provided that the costs are paid by the publication owner (Article 18/3 of Law No. 5187).

It is very important that clients receive professional legal support when filing these lawsuits. Yeşilağaç Law Office has the capacity to provide the best service to clients with its specialized staff. For this reason, we strongly recommend that our clients seek legal advice from Yeşilağaç Law Office. A professional legal support will contribute to a healthier, faster and more favorable outcome of the litigation process. The experience and expertise of Yesilagac Law Office will protect our clients’ rights in the best way possible

SUMMARY AND CONCLUSION

When an individual or organization is harmed by misleading news, it sends a warning to the relevant media outlet. In this warning, it is requested to correct the misinformation and provide accurate information. However, it should be noted that this request does not carry a criminal element and does not harm the rights of others. The retraction request must be made within 2 months from the date of publication of the news. This request can be submitted via notary public, mail or e-mail. The media outlet is obliged to correct the misleading information within 3 days of receiving this request.

If a media outlet fails to comply with a retraction request, legal sanctions may be imposed. These sanctions can range from fines to the correct publication of the content in other media outlets. If the published content also constitutes a crime, then the victim must also file a criminal complaint.

In addition, individuals who suffer material or moral damage due to misleading content can claim compensation.

Individuals who can claim compensation can be real persons, as well as legal entities, can file a lawsuit for compensation based on the fact that their reputation has been damaged.

This article has been prepared by Yeşilağaç Law Office to provide information on legal matters. With many years of experience and expertise in the field, our team aims to provide the most appropriate legal solutions for its clients. The legal profession plays a critical role in protecting the rights of individuals and organizations, especially in our complex and ever-changing legal system. That is why we offer you, our valued readers and clients, this and other articles in which we will address current and important legal issues. Please note that the information presented here is of a general nature and is not a substitute for professional legal advice.