The Right of Reply and Correction

I have prepared an information note in the hope that it will be useful to media professionals who may need it.

I have presented information derived from clear and concrete facts. I hope it will facilitate the application of the right of reply and correction.

I have attempted to explain the relevant legal provisions using a question-and-answer method for clarity and ease of understanding.

Question: What are the purposes of the right of reply and correction?

Answer:

The purposes of the right of reply and correction are as follows:

1-To reveal the truth against false publications made in the press.

2-To serve the purpose of ensuring the public is informed about the facts.

3-To eliminate the injustice suffered by individuals through the application of the right of reply and correction.

Question: What is the most important desire of the right holder in the event of a violation of personal rights through the press?

Answer:

In the event of a violation of personal rights through the press, the most important desire of the right holder is the elimination of the misinformation and false perception created about them in the public eye.

This right is granted only for statements made through the press. One cannot speak of the right to publish a reply and correction for statements made through non-press channels. What we are addressing here is the right of reply and correction through the press.

Question: How should we define reply and correction?

Answer:

The right of reply and correction is a legal safeguard that protects personal rights. It is a non-contentious judicial proceeding that protects those whose rights have been violated against statements that infringe upon personal rights through the press.

The concept of reply and correction consists of two words. A reply consists of statements that reveal the inaccuracy of the press statement that violated personal rights. Correction refers to statements regarding the rectification of the inaccuracy or falsehood in the press statement.

Question: What is the legal basis for the right of reply and correction?

Answer:

1-The Constitution: The right of reply and correction is a fundamental right regulated in the Constitution within the scope of the protection of personality. A provision has been made in Article 32 of the Constitution for the protection of this right.

The right of correction and reply is granted only in cases where the dignity and honor of individuals are touched upon or where false publications are made about them, and it is regulated by law.

The judge decides whether the publication of the correction and reply is necessary. This decision is made within 7 days at the latest from the date of application. (Constitution Article 32)

2-Right of reply and correction in special laws:

Press Law No. 5187 can be in the form of a printed work, a periodical, or a non-periodical publication. Periodicals refer to publications such as newspapers and magazines that are published periodically and regularly. (Article 2C)

Accordingly, the "right of correction and reply" regulated in Article 14 of the law is a right accepted only for printed works, and among these, only for periodicals. This article contains the following provisions:

“In the event that publications are made in periodicals that violate the honor and dignity of individuals or are contrary to the truth regarding individuals, the person harmed by this must send a correction and reply text within 2 months from the date of publication, which does not contain criminal elements and is not contrary to the legally protected interests of third parties. The responsible manager is obliged to publish this text without any corrections or additions, in daily periodicals within 3 days at the latest from the date of receipt, and in other periodicals in the first issue after 3 days from the date of receipt, on the same page and in the same columns as the relevant publication, and with the same font size.

The work that caused the correction and reply is specified in the text. The correction and reply cannot be longer than the relevant article. In cases where the work causing the correction and reply is an article, picture, or caricature of less than 20 lines, the correction and reply cannot exceed 30 lines.

If the periodical is printed in more than one place, the correction and reply text is published in all editions where the work that caused the use of the right of reply and correction was published.

If the correction and reply are not published within the periods specified in the first paragraph, or if they are published in a manner contrary to the provisions of the first paragraph, the person requesting the reply and correction may request the local criminal judgeship of peace to decide on the publication or its publication in accordance with the provisions of this law within 15 days from the date of publication. The criminal judge of peace decides on this request within 3 days without holding a hearing.

An urgent appeal can be made against the decision of the criminal judge of peace. The competent authority examines the appeal and makes a decision within 3 days. The decision of the competent authority is final.

After the press has fallen into the hands of politics and big capital, media professionals need to know the law concerning themselves much better. Because media professionals perform the most difficult tasks. They direct the harshest criticisms at the interests of politicians and capital.

Unfortunately, the number of journalist types who have surrendered to capital and politics, forgotten the duty of writing real news and enlightening the public with the truth, and in the meantime have been enriched by politics and big capital, is not small.

Some of these types of journalists have donned the mask of a right-winger, while others have donned the mask of a left-winger. But they are all servants of capital, politics, and imperialism. These types of journalists do not really need the law much anyway. Their masters always protect them.

This article of mine is for media professionals of great character who enlighten the public with real news. These are the people who come to my mind when I think of a media professional.

Real journalists perform very important tasks. In the hope that this article of mine will be of some use in their struggle.