The Press Law: Purpose, Scope, and Fundamental Concepts

One of the most important fundamental concepts of a true democracy is access to information and learning the truth. Access to information and learning the truth enables the free formation of thoughts and opinions. The free expression of thought depends on the actual existence of freedom of expression. In a democratic regime, the formation of an informed public opinion is possible through the rapid and widespread circulation of information, ideas, and news.

The freedom of the press granted to media professionals and organizations to achieve the goals of enlightening society and ensuring social and cultural development is also important in terms of ensuring that individuals do not feel alone and helpless in their efforts to protect fundamental rights and freedoms. 

What is the purpose of the Press Law?

The purpose of this law is to determine the procedures and principles regarding freedom of the press, the exercise of this freedom, and press cards. (ARTICLE 1)

The freedom to explain and disseminate ideas or thoughts is included in modern constitutions. The principles of this freedom are also stated in Article 26 of our Constitution. In fact, although Article 25 bears the title “Freedom of Thought and Opinion,” the “freedom to explain thoughts” is in Article 26. Article 25 states that “no one shall be compelled to reveal their thoughts.” The text of Article 25 is as follows: 

Constitution Article 25: “Everyone has the freedom of thought and opinion. 

No one shall be compelled to reveal their thoughts and opinions for any reason or purpose; no one shall be condemned or accused because of their thoughts and opinions.” 

Article 26, on the other hand, concerns the explanation and dissemination of thoughts. The first paragraph of this article states: 

“Everyone has the right to explain and disseminate their thoughts and opinions, either individually or collectively, by speech, writing, pictures, or other means. This freedom also includes the liberty to receive or impart information or ideas without interference by public authorities. The provisions of this paragraph shall not prevent the licensing of radio, television, cinema, or similar means of broadcasting.” 

Let us note that “Freedom of the Press” has been included not only in our 1982 Constitution but also in our other constitutions. The first paragraph of Article 28 of the 1982 Constitution states: 

“The press is free and shall not be censored. The establishment of a printing house shall not be subject to prior permission or the deposit of a financial guarantee.” 

The previous 1961 Constitution, Article 22, and the 1924 Constitution, Article 77, regulated the issue of freedom of the press. The 1921 Constitution did not mention “Freedom of the Press,” but our first constitution, dated 1876, also mentioned a freedom under the name “Freedom of the Press” (Matbuat Hürriyeti), which encompasses the concept of “Freedom of the Press” as we know it today. 

In conclusion, three purposes are regulated in the first paragraph of Article 1 of the Press Law.

1. Freedom of the press.

2. Conditions for the exercise of this freedom.

3. Procedures and principles regarding press cards.

What is the scope of the Press Law?

The scope of the law is regulated in the second and third paragraphs of Article 1. The Press Law covers the following actions:

a- The printing of printed works under this Law.

b- Their publication. 

c- It covers internet news sites.

d- Media members and information officers who request a press card are included within the scope of this Law regarding the issuance of press cards.

“The reason this freedom is discussed so much in our century is the emergence of the written press and, especially in recent years, the very widespread visual media. Especially due to the increase in the number of live broadcasts in TV broadcasting, the increase in technological capabilities, and the increase in the ease of live broadcasting, freedom of the press maintains its status as one of the most discussed freedoms. 

Another reason why freedom of the press is talked about so much is that people live intertwined with this freedom every day. 

Another reason why freedom of the press attracts public attention is that public officials and security forces are in very close contact with members of the press. It can be said that the freedom that security forces are in contact with every day and cannot avoid dealing with is, in any case, freedom of the press. 

The press has become a medium covering news, pictures, interviews, stories, novels, etc., related to almost every subject. The television, which we call the visual press, is the most vivid example of this. Especially during elections and government crises after elections, and in the live events of foreign policy, it manifests itself as a freedom that is talked about a lot and attracts the attention of politicians in particular. Televisions use freedom of the press with very attractive programs such as Hodri Meydan, Arena, Söz Fato’da, Ateş Hattı, and Siyaset Meydanı. 

If the press is not free, society will not be informed of the facts. In such cases, a dictatorship of liars, swindlers, and fraudsters is established in society. For these reasons, the press is a matter of security. Robberies from state budgets, which consist of the public's taxes, have always been carried out by silencing the press. Today, unfortunately, the press is under the control of large capital owners and political power. The press is not free.

Journalists do not have professional security. Journalists who get in the way of the government or throw a wrench into the gears of capital's interests have faced very painful events. The press is in a struggle for freedom. The most important condition for success in this struggle is to know press law well. Media members need to know the press law concerning them very well. Otherwise, they become victims of the arbitrary actions of some authorities.