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Public Prosecutor Asım Ekren stated in his article titled "The New Legal Status of Internet News Sites," which he authored, that the Law No. 7418, which came into effect on October 18, 2022, brought significant regulations regarding the legal status of internet news sites. RESPONSIBILITIES SIMILAR TO PRINTED PUBLICATIONS FOR INTERNET NEWS SITESEkren expressed that with the new regulation, internet news sites have been granted rights and responsibilities similar to those of printed publications. He stated, "When the responsibility of someone who does not have the identity of a journalist but is practically engaged in internet journalism is asserted, they will now be able to benefit from journalistic rights and opportunities. They will be able to claim the benefit of the intellectual connection between reality, timeliness, public interest, and the relationship between form and essence, which are arguments of press freedom, considered the most important special case of freedom of expression." "THE DECLARATION PROCEDURE IS NOW VALID FOR INTERNET NEWS SITES"Pointing out that internet news sites wishing to benefit from official announcements and press card rights must submit a declaration to the Chief Public Prosecutor's Office where their management is located, Ekren said, "Just as the owner, representative, authorized person, or responsible person of a newspaper or television is determined by the declaration, this matter, namely the declaration submission procedure, is now valid for internet news sites as well. In this regard, the records organized by the Chief Public Prosecutor's Office are public." Asım Ekren shared an example of the aforementioned declaration at the end of his article.Public Prosecutor Asım Ekren used the following statements throughout his relevant article: "In our previous related article, we addressed the part of the changes made in the Press Law that concerns citizens, individuals, or institutions. We mentioned that we would address internet news sites in the next article. The Law No. 7418, which came into effect on October 18, 2022, has brought very important regulations regarding the legal status of internet news sites. There are numerous internet news sites in our country, both nationally and locally. In this article, we will try to inform those concerned about news sites without delving too much into legal technical terms and articles. As is known, before this law, the Press Law No. 5187 included the stakeholders and managers of printed publications such as newspapers and magazines. This situation continues in the same way. That is, there is no significant change regarding the declaration submission, registration, legal, and criminal responsibilities of newspapers and magazines. The previous regulation will continue. The most important change brought for newspapers, managers, and employees is the procedures and principles related to press cards. This issue has been addressed in detail in a separate study. The definition of internet news sites, which was not previously addressed as a concept in the legislation, has been introduced to the legislation as a result of this regulation. With this fundamental change, the nature, rights, and responsibilities of internet news sites have been included in the Press Law by incorporating them into the concept of periodical publications. In the Law after the amendment, "periodical publication" is defined as follows: It refers to printed works such as newspapers and magazines published at regular intervals, as well as news agencies and internet news sites. An internet news site is defined as follows: It refers to a periodical publication established and operated to present written, visual, or auditory content of news or commentary at regular intervals in the internet environment. Accordingly, the rights, authority, and responsibilities of the stakeholders or managers of internet news sites have been brought much closer to those of journalists working for printed publications. When the responsibility of someone who does not have the identity of a journalist but is practically engaged in internet journalism is asserted, they will now be able to benefit from journalistic rights and opportunities. They will be able to claim the benefit of the intellectual connection between reality, timeliness, public interest, and the relationship between form and essence, which are arguments of press freedom, considered the most important special case of freedom of expression. For example, regarding a person alleged to have praised the crime and criminal in Article 215 of the Turkish Penal Code through the publication of an internet news site, the public prosecutor will now be able to file a lawsuit within four months, just like the rules applied to newspapers and journalists, in accordance with Article 26 of the Press Law No. 5187. Previously, there was the possibility of filing a lawsuit within the statute of limitations, that is, within eight years. A journalist will be able to say that the publication is within the criteria and practices of press freedom. It was not previously possible to make this statement for internet sites. Because internet publications were not subject to the provisions of the Press Law. This situation is a very important guarantee and protection for internet journalism (for news sites). It can save a person from being under the pressure of investigation and prosecution. The four and six-month periods in the law start from the date the printed works are delivered to the Chief Public Prosecutor's Office, while for internet news sites, they start from the date the crime report related to the publication/news is made. What should internet news sites that operated before the Law No. 7418 do? Is there a place they need to apply to? According to the 4th Transitional Article added to the Press Law, internet news sites that operated before the effective date of the article, namely before October 18, 2022, were required to fulfill the obligations stipulated in this Law within three months from this date, that is, by January 18, 2023. Since internet news sites are included in the scope of periodical publications like newspapers, it is sufficient to submit a declaration to the Chief Public Prosecutor's Office where their management is located by January 18, 2023, at the latest. In this regard, there is no new or different situation. Just as the owner, representative, authorized person, or responsible person of a newspaper or television is determined by the declaration, this matter, namely the declaration submission procedure, is now valid for internet news sites as well. In this regard, the records organized by the Chief Public Prosecutor's Office are public. There are frequently asked similar questions: What are the obligations of internet news sites that operated before the Law No. 7418? Could there be a penalty for not fulfilling these obligations, such as being unable to operate? Do you have any recommendations in this regard? There is no specific and new obligation for these. It is sufficient to submit a declaration in accordance with the procedure within the specified period. There is no such thing as acceptance or approval of the declaration. That is, a publication can be made on the same day the declaration is submitted. The declaration is a kind of information letter. An internet news site can continue its activities even if it does not submit a declaration. A publication ban cannot be imposed on internet news sites for not submitting a declaration. If a declaration is not submitted or if a declaration is submitted contrary to the procedure, and if the deficiencies in the declaration are not remedied within a two-week period despite a warning, the Chief Public Prosecutor's Office will apply to the criminal court of first instance to determine that the internet news site has not acquired its status. If this application is accepted, that is, if it is determined that the site does not gain the status of an "internet news site," the relevant site cannot be considered an "internet news site," but it can continue its actual existence (publication). In this case, the rights to official announcements and advertisements that can be provided for internet news sites and the rights related to the press cards of their employees will be eliminated. A site also has the right to say, "I do not want to be an internet news site and use the opportunities provided by the law," but in order to benefit from the possibilities of gaining the status of an internet news site, it can acquire this status by submitting a declaration as a simple method. In this case, it should be emphasized that the elimination of the rights provided for internet news sites does not mean that a site will not bear the responsibility of not having the characteristics of an internet news site. It does not prevent the implementation of the sanctions foreseen by the relevant legislation. In this case, it may be advisable to recommend: If old sites, that is, those established before the law, want to benefit from the legal opportunities of internet news sites, they must submit a declaration as stipulated by the law. This situation also applies to new internet news sites established or to be established after October 18, 2022. The most important condition for them to gain the status of a news site is to submit a declaration to the public prosecutor's office where their management centers are located. In other words, as a result of the legal change, the most important condition for internet news sites to be able to obtain official announcements and advertisements and for their employees to obtain press cards is linked to submitting a declaration in accordance with the procedure. In summary, it can be said that as a result of the regulations introduced by Law No. 7418, internet news sites are subject to the rights and responsibilities set forth in the Press Law. In response to the frequent inquiries from the authorities regarding how the declaration should be, we are providing an example of the declaration we have prepared to contribute. For example, filling out and arranging the relevant sections and submitting them to the relevant authority will be sufficient. * Example declaration for internet news sites: . TO THE REPUBLIC PROSECUTOR'S OFFICE Subject: Submission of a declaration according to Article 7 of Law No. 5187. Due to our planned periodic internet news site publication, the declaration table containing the relevant information of our publication is as follows, in accordance with Articles 4, 5, 6, and 7 of the Press Law No. 5187: 1. Name of the Internet News Site: … … … 2. Owner of the Internet News Site a- Name, Surname: … … b- T.C. Identity Number: … c- Business Address and Phone Number: … … … … d- Residence Address and Phone Number: … … … … 3. (If any) Publisher (if a legal entity, the representative of the legal entity) a- Name, Surname: … … b- T.C. Identity Number: … c- Business Address and Phone Number: … … … … d- Residence Address and Phone Number: … … … 4- Responsible Manager(s) a- Name, Surname: … … b- T.C. Identity Number: … c- Business Address and Phone Number: … … … d- Residence Address and Phone Number: … … … 5- Management Location of the Publication a- Address: … … … b- Phone / Fax Number: … c- Internet or email information: … d- Electronic notification address: … … … 6- Type of Publication a- Type: … b- Nature: … c- Duration: … d- Language(s): … I accept the accuracy of the information provided above. I request and demand the registration of the declaration and the issuance of a receipt document indicating that the declaration and its annexes have been submitted to your republic prosecutor's office. …/ …/ … Responsible Manager(s) / Owner of the Publication / Representative (if any) (Name-Surname-Signature)(Name-Surname-Signature) ATTACHED Documents:
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