Press Advertisement Institution Official Announcement and Advertisement Regulation, which publishes the Official Gazette dated 01 February 2023 and numbered 32091, became law. According to the law that will come into force on 01.04.2023, internet news sites will be able to generate advertisement and advertisement income from the Press Advertisement Agency after meeting the monthly traffic average determined by provinces, personnel employment and waiting time conditions.
The regulations that come into force are as follows:
- Regulation on the Amendment of the Regulation on the Announcement Portal of the Press Advertisement Agency
- Regulation Amending the Regulation on the Press Advertisement Institution
- Official Announcement and Advertisement Regulation
- Regulation on the Amendment of the Regulation on the Receive and Distribution of Official Announcements and Advertisements in the Electronic Environment
Regulation on the Amendment of the Regulation on the Announcement Portal of the Press Advertisement Agency
ARTICLE 1- 12/12/2020 Press Advertisement Agency Announcement published in the Official Gazette dated and 31332 numbered portal The phrase "in newspapers" in the first paragraph of Article 1 of the Regulation has been changed to "newspapers and internet news sites".
ARTICLE 2- In the first paragraph of Article 3 of the same Regulation, “2 nCI” has been changed to “2, 45/A”.
ARTICLE 3- The title of Article 5 of the same Regulation has been changed as “Obligation to be published in newspapers and internet news sites” and the first paragraph has been changed as follows.
“(1) In accordance with the provisions of the Law, Presidential Decree, regulations and other legislation, the official announcements published in newspapers and internet news sites in accordance with the Law No. on the portal is also published.”
ARTICLE 4- The same Regulation 6 th The first paragraph of Article 4 is amended as follows.
“(1) Announcement pursuant to any legislative provision on the portal official announcements that are required to be published, announcements of the portal In addition, it may be published through the Authority in a newspaper or internet news site that has the right to publish official advertisements, according to the tariff determined within the scope of the third paragraph. The procedures and principles regarding the publication of these announcements are determined by the Board of Directors.”
ARTICLE 5- The same Regulation 7 nCI The phrase "Announcement on the websites of newspapers" in the first paragraph of the article has been changed to "Announcement".
ARTICLE 6- 7 to the Same Regulation nCI The following article has been added to come after the article.
"Advert on the portal official announcements to be published for free
ARTICLE 7/A- (1) According to the law, presidential decree and regulations, the announcements of the institutions and organizations affiliated to the Presidency, ministries, affiliated, related or related institutions and organizations and other institutions and organizations, which are mandatory to be published on their own website, are also announced. on the portal publication is mandatory. Advertisement of these ads on the portal No fee is charged for its publication.
(2) Official announcements, announcements within the scope of Article 2004 of the Execution and Bankruptcy Law No. 114 on the portal It is published free of charge.”
ARTICLE 7- After the phrase "third parties" in the first paragraph of Article 10 of the same Regulation, the phrase "can't copy, publish, have it published" and the following paragraph have been added to the same article.
“(2) Subjecting those listed in the first paragraph to commercial activities is subject to the permission of the Authority.”
ARTICLE 8- 11 of the same Regulation is amended as follows.
“ARTICLE 11- (1) In cases where there is no provision in this Regulation; The Law No. 195, the Official Advertisement Price Tariff for the relevant year, the Press Advertisement Institution Regulation, the Official Announcement and Advertisement Regulation, the Regulation on the Purchase and Distribution of Official Advertisements and Advertisements in the Electronic Environment, the General Assembly resolutions of the Institution and other relevant legislation provisions shall apply.
ARTICLE 9- This Regulation 1/4/2023 enters into force on.
ARTICLE 10- The provisions of this Regulation are executed by the General Manager of the Press Advertisement Institution.
Regulation Amending the Regulation on the Press Advertisement Institution
REGULATION ON AMENDING THE REGULATIONS ON THE PRESS ANNOUNCEMENT
ARTICLE 1- 12/12/1997 The second part and Article 23198 of the Press Advertisement Institution Regulation published in the Official Gazette dated 113 and numbered XNUMX have been repealed.
ARTICLE 2- This Regulation 1/4/2023 enters into force on.
ARTICLE 3- The provisions of this Regulation are executed by the General Manager of the Press Advertisement Institution.
Official Announcement and Advertisement Regulation
OFFICIAL ANNOUNCEMENT AND ADVERTISING REGULATION
PART ONE
General provisions
FIRST PART
Preliminary Provisions
Goal
ARTICLE 1- (1) The purpose of this Regulation is to determine the qualifications and duties of the periodicals in which official announcements and advertisements will be published, and to ensure their distribution without any difference of opinion and jurisprudence.
Scope
ARTICLE 2- (1) This Regulation covers the scope, distribution, publication of official announcements and advertisements, the right to publish official announcements and advertisements, the duties and powers of intermediary, the qualifications and duties of the periodicals that will publish official announcements and advertisements, and the provisions on control procedures and principles.
(2) In addition to the publications of news and photo agencies, industrial digital machinery Other than stationery, office, desktop or portable digital printing machines, computer printers, duplicators and photocopiers, published or reproduced or published in fascicles such as encyclopedias, bulletins and outdated publications and official announcements and advertisements regardless of their definition, quality and quantity. In terms of the right to publish, the provisions of this Regulation do not apply to any digital media that does not have the feature of an internet news site, including the websites of news and photography agencies.
(3) Administrations within the scope of the central government, local administrations, social security institutions, state economic enterprises, enterprises with public legal personality and affiliates of which more than half of the capital belongs to these establishments, newspapers and internet news sites belonging to other establishments established by law or by presidential decree or their affiliates. does not have the right to publish official announcements and no official announcements are made in periodicals issued by professional press organizations specifically for Ramadan and Sacrifice Feasts and national holidays.
(4) The provisions in the first part of this Regulation shall apply to those who have the right to publish official announcements or advertisements and to all periodicals that have requested publication.
Rest
ARTICLE 3- (1) This Regulation, 2/1/1961 It has been prepared on the basis of Articles 195, 34, 35, 36/A, 45 and provisional 53 of the Law on the Organization of Press Advertisement Institution dated and numbered 9.
Definitions
ARTICLE 4- (1) In this Regulation;
a) Press card: 13/6/1952 As a result of the work subject to the Law on the Regulation of Relationships Between Employees and Employees in the Press Profession No. 5953 dated 9/6/2004, 5187 of the Press Law No. 2 of XNUMX/XNUMX/XNUMX. nCI Identity card issued in accordance with subparagraph (n) of the first paragraph of the article,
b) Chief Dealer: Established for the purpose of newspaper distribution, employee, vehicle and technical equipment A sub-dealer, if any, of copies received from newspapers, under a contract, with physical conditions, or the establishment that delivers directly to end-point dealers, if not,
c) Waiting period: The periods determined according to the relevant articles of this Regulation in order for the periodicals to gain the right to publish official announcements or advertisements,
ç) Journal: Journals that have requested to publish official advertisements or have the right to publish these advertisements, whose publication period is between at least weekly and at most three months, and included in the fifth part of this Regulation,
d) Direct traffic: The traffic generated by typing the domain name of the internet news site directly into the internet browser without any redirection,
e) Invoice: 4/1/1961 Invoice issued in accordance with the Tax Procedure Law dated and 213,
f) Intellectual worker: A person who works intellectually in business lines related to press and broadcasting activities,
g) Newspaper: Widespread, regional or local newspapers that have requested or have the right to publish official announcements and advertisements,
ğ) General Assembly: Press Advertisement Institution General Assembly,
h) Indicator: The number that determines the monthly official advertisement quota of newspapers and internet news sites that publish official advertisements,
ı) Content: All of the visual, audio or written elements in the periodicals,
i) İLANBİS (Advertisement Information System): The system in which the official announcements and advertisements are received electronically from the advertisers, their distribution to the periodicals, and the procedures regarding the qualifications and duties imposed on the periodicals by the General Assembly are carried out,
j) Announcement portal: The website where advertisement and advertisement publishing services are offered, consisting of the domain name “ilan.gov.tr” belonging to the Press Advertisement Agency and its sub-domains,
k) Signature: A handwritten or secure electronic signature,
l) Internet news site: Internet news sites located within the borders of Turkey, established to present news and commentary content on the Internet, publishing their content using various multimedia, whose qualifications and assignments are determined by the General Assembly, and related to the publication of official announcements and advertisements,
m) Working day: 17/3/1981 According to the provisions of the Law No. 2429 on National Holidays and General Holidays, the days that are holidays and the working days other than Saturdays and Sundays,
n) Category: The conditions for publishing the official announcement and the classification that forms the basis for its distribution,
o) control board: The board formed to supervise whether the periodicals related to official announcements and advertisements fulfill the duties imposed in this Regulation on time and completely,
ö) Institution: Press Advertisement Institution,
p) Offset: Reflecting the official announcement from newspapers or internet news sites in the amount corresponding to the official announcement quota for periods in which the conditions determined by the General Assembly are violated, to other newspapers or internet news sites that have the right to publish in the same publication or quota place, in proportion to their indicators,
r) Suspension of the right to publish an official announcement: If the conditions determined by the General Assembly are violated and it is determined that this situation continues, no official announcement is made until the violation is eliminated,
s) Number of page views: The number that expresses the total of page views made by internet news site visitors,
ş) End-point dealer: The point of sale, also known as counter sales in the print media sector, that offers the newspaper copies delivered by the main dealer or the sub-dealer to the reader in a way that they can easily obtain,
t) Periodicals: Newspapers, magazines and internet news sites that submit declarations in accordance with the Law No. 5187 and have the qualifications specified in this Regulation,
u) Sub-dealer: Established for the purpose of newspaper distribution, employee, vehicle and technical equipment Delivering the copies of the newspaper sent by the chief dealer to the end-point dealers, by carrying the physical conditions with the company; city, county or region to the head dealer affiliated business,
ü) Single visitor: A visitor who logs into the internet news site from the same IP and is counted only once,
v) Compensation: The amount of the official announcement corresponding to the quota of the official announcements for the periods when newspapers or internet news sites have the right to publish but they were deprived of publishing, is deducted from other newspapers or internet news sites that have the right to publish in the same publication or quota place, in proportion to the relevant newspaper or internet news sites. to be reflected on the news site,
y) Legal person representative: In case the owner of the publication is a legal person, the real person determined from among the managers by the authorized board of this legal person in accordance with the Law No. 5187,
z) Publishing advertisements only: Periodicals that have requested to publish only official advertisements and fulfill the conditions in the fifth part,
aa) Widespread newspaper: A daily newspaper published by a single press-broadcasting organization with the same name and distributed and offered for sale in at least 70% of the country, in at least one province in each geographical region,
bb) Right to publish: To have the right to publish official announcements or advertisements,
cc) Publication day: The date written on the pages and tags of the newspapers, and the time between 00.00 and 23.59 for each day on the internet news sites,
three) Broadcast owner: The natural or legal person specified in the declaration given in accordance with the Law No. 5187,
dd) Type of publication: Which of the common, regional or local publication types specified in the declaration given in accordance with the Law No. 5187, the newspapers and magazines are in the scope of,
ee) Publication and quota place: According to the declaration given in accordance with the Law No. 5187, the place of publication in Article 31 for newspapers; quota places determined in article 53 for internet news sites,
ff) Local newspaper: A newspaper published daily or at least two days a week, distributed and sold by being printed in a single settlement,
gg) Board of Directors: Press Advertisement Agency Board of Directors,
ifade would.
SECOND PART
Advertisements and Advertisements
official announcements
ARTICLE 5- (1) Within the scope of this Regulation;
a) Announcements that are obligatory to be published in accordance with the law, presidential decree, statute or regulation,
b) Announcements that do not carry the nature of advertisements of administrations within the scope of central government, local administrations, social security institutions, universities, chambers and commodity exchanges, unions, bar associations, state economic enterprises, organizations whose capital more than half belong to public legal entities and their affiliates,
formal is an advertisement.
(2) Announcements that are obligatory to be given by private associations within the scope of subparagraph (a) of the first paragraph are not considered official announcements.
official ads
ARTICLE 6- (1) Content published in visual, auditory or written form in periodicals for the purpose of gaining material or moral benefit such as gaining popularity for something or an idea or for promotional purposes is considered an advertisement.
(2) Official advertisements, 195 of Law No. 42 nCI These are advertisements given to periodicals by the departments and organizations listed in subparagraph (b) of the first paragraph of Article 5 of this Regulation, other establishments established by law or Presidential decree, or their affiliates.
(3) Official advertisements are published through the Agency in periodicals that have the right to publish official advertisements, at the discretion of the advertisers.
(4) News, pictures, videos, texts and the like that are advertisements or advertisements. hesitate It is stated that it is an advertisement or advertisement without leaving any room.
Intermediary duty for official announcements and advertisements
ARTICLE 7- (1) The Institution shall ensure that official announcements and advertisements, periodicals that have the right to publish, and announcements of the Institution on the portal mediates its publication.
(2) The institution accepts special advertisements and advertisements. Publishing, publishing and mediating special advertisements and advertisements is free within the scope of the Law No. 195 and the provisions of this Regulation.
Periodicals list
ARTICLE 8- (1) The Institution announces the list, which includes the names of the periodicals in which official announcements and advertisements can be placed, and other information deemed necessary, on the last business day of each month, on its own websites.
(2) Information such as gaining or stopping the right to publish official announcements, regaining this right, terminating the right to publish official announcements and advertisements, and changing the name or domain name are included in the list.
(3) Newspapers and internet news sites that are in the waiting period in order to gain the right to publish official advertisements are also shown in the list.
THIRD PART
Official Announcement and the Right to Publish Advertising
The right to publish official advertisements
ARTICLE 9- (1) Newspapers and internet news sites that fulfill their qualifications and duties completely and on time in accordance with the procedures and principles determined according to the categories in this Regulation shall be entitled to publish official advertisements.
The right to publish official advertisements
ARTICLE 10- (1) Periodicals that only request to publish official advertisements gain this right if they fulfill their qualifications and duties completely and on time in accordance with the procedures and principles set forth in this Regulation. Periodicals are subject to the provisions in the fifth part in terms of the right to publish official advertisements.
(2) Newspapers and internet news sites that have the right to publish official advertisements or are on a waiting period to gain this right also have the right to publish official advertisements. The right to publish official advertisements of newspapers and internet news sites, whose right to publish official advertisements, also expires.
(3) Official advertisements are given to the publications issued specifically for Ramadan and Sacrifice Feasts by professional journalistic organizations with the highest number of press cards and their superior organizations in the province they are located in.
Conditions for obtaining the right to publish
ARTICLE 11- (1) In order for periodicals to gain the right to publish;
a) Making a signed, official announcement and advertisement or a request to publish only advertisements, by clearly stating the place of publication or quota,
b) According to their request, they have the relevant provisions of this Regulation and other conditions and qualifications determined by the General Assembly, accept and fulfill the assigned duties in a timely manner,
c) Completing the waiting periods determined for them by fulfilling the conditions in this article,
must.
Determination of documents to be sent to the institution
ARTICLE 12- (1) The General Directorate is authorized to determine the documents to be requested within the scope of this Regulation.
Notifications to the Institution
ARTICLE 13- (1) Within the scope of this Regulation, information and documents to be sent to the Institution via İLANBİS; It cannot be false or misleading, does not provide vested rights in the declared matters and does not constitute a presumption of accuracy or reality regarding the information it contains.
CHAPTER FOUR
Wait Time Transactions
Standby time
ARTICLE 14- (1) Periodicals are subject to waiting periods specified in the relevant parts of this Regulation in order to gain the right to publish official announcements and/or advertisements.
Determining the waiting period start date
ARTICLE 15- (1) Newspapers or internet news sites shall request an audit within 3 months at the latest, following the date on which their request to publish an official announcement is registered with the Agency. The start date of the waiting period is determined as the date on which it is determined that, as a result of the audit or examination to be carried out by the General Directorate upon the application, it is determined that it has the conditions and qualifications specified in the provisions of this Regulation regarding publication or quota place.
Obligations during the waiting period
ARTICLE 16- (1) A newspaper or internet news site that is subject to a waiting period in order to gain the right to publish an official advertisement cannot publish an official advertisement before this period expires. Otherwise, the sanctions set out in the Law No. 195 are applied.
(2) In accordance with the publication interval specified in the declaration given in accordance with the Law No. 5187, the newspapers within the waiting period; On the other hand, internet news sites must be published in a way that fulfills the requirements regarding accessibility set out in this Regulation, and newspapers and internet news sites must have all the other required qualifications and fulfill the assigned assignments.
(3) However, the provision of the first paragraph of Article 113 regarding the newspapers or internet news sites within the waiting period is applied based on the starting date of the waiting period instead of the calendar year.
SECTION FIVE
General Qualifications of Newspapers and Internet News Sites Related to Publication of Official Announcements
Scope
ARTICLE 17- (1) The general qualifications determined by the General Assembly for the commencement and continuation of the right to publish official announcements of newspapers and internet news sites are regulated in this section.
Squad requirements
ARTICLE 18- (1) Newspaper and internet news sites are required to employ opinion workers in the numbers and duties shown in the second and third sections.
(2) Intellectual workers to be shown in the staff;
a) Making employment contracts in written form and full-term in accordance with the Law No. 5953,
b) Payment of their wages in full and on time in accordance with their contracts over full day and full month,
c) They are actually doing the job in return for their duties specified in their contracts,
ç) Social Security Institution notifications, premiums and tax accruals regarding their wages are made within the legal period and completely,
d) Not to engage in a commercial business that will benefit them and not to engage in any activity other than the profession of journalism,
e) Residing in the publication or quota place of the newspaper or internet news site they work for,
it is mandatory.
(3) With the exception of the responsible manager, other intellectual workers, staying within the territorial boundaries of the same province and neighboring provinces, taking into account the distance between the place of publication or quota of the newspaper or internet news site and the place of residence and the means of public transportation, broadcasting or quota They can reside outside their place of residence. In such cases, the Authority decides whether it is possible to carry out the task in accordance with the purpose and continuously. At most two opinion workers in the 1st and 2nd categories of internet news sites; 3., For those who are in the 4th and 5th categories, the condition of residing at the quota place is not required for an idea worker. In the determination of the place of residence, the first residence address in the records of the Central Population Management System (MERNIS) is taken as a basis.
(4) In case the written employment contract of the intellectual workers working on the staff is terminated by the employer or the intellectual worker, the termination date is 5953, 5 and 6 of Law No. 7. nCI determined in accordance with the articles.
They can be in the squad
ARTICLE 19- (1) Intellectual workers who can be included in the staff must have at least one of the following qualifications and conditions:
a) To graduate from communication faculties of higher education institutions or from communication-related departments of other faculties or to have an equivalent diploma accepted by the Higher Education Council.
b) To have a press card as an intellectual worker.
c) To have worked in the media for at least 6 months without a break, provided that he graduated from the communication-related departments of vocational schools, and to certify this work.
ç) To have worked in the media for a total of 5953 months, at least 6 months of which is continuous, subject to the social security legislation within the scope of the Law No.
d) To have worked subject to social security legislation within the scope of Law No. 6 on intellectual workers for a total of 15 months, at least 5953 months of which is continuous, and to certify this work.
e) To have worked in the news services of public media organs for a total of 6 months, at least 15 months of which is continuous, according to the status of public law, and to certify this work.
(2) Limited to those employed as writers and an idea worker. 22/5/2003 The conditions specified in the first paragraph are not sought for those who are deemed to be disabled according to the Labor Law No.
They will not be on the roster.
ARTICLE 20- (1) The concession holder of the newspaper and internet news site or, if any, the representative of a legal entity determined in accordance with the provisions of Law No. 5187. collective partners of companies, limited partnerships of ordinary limited companies, limited partners of limited partnerships whose capital is divided into shares, shareholders of equipment subsidiary, limited partners and company directors representing the company in companies, partners authorized to represent the company in joint stock companies, and members of the board of directors and auditors; They cannot take part in the intellectual staff of their own or other publications.
(2) The mother, father, spouse, natural and step-children of the real person who owns the newspapers and internet news sites related to the publication of official announcements and the members of the management or control organs of the legal entities, their adopted children, the parents of the spouses, the staff of the relevant newspaper and the internet news site. they cannot take place. However, the provision of this paragraph shall not apply to persons who meet the graduation requirement specified in subparagraph (a) of the first paragraph of Article 19 and to relatives who hold a press card as intellectual workers.
Those who work in more than one periodical
ARTICLE 21- (1) If the intellectual worker is declared in the staff of more than one newspaper and internet news site related to the publication of official announcements, he will be accepted in the staff of only one of them. Social Security Institution records, contracts and other documents are taken as basis for these transactions.
Staff notification obligation
ARTICLE 22 – (1) Newspapers and internet news sites are obliged to deliver the information and documents regarding the employment, title change, dismissal, tax and insurance accruals of the intellectual workers in their staff to the Institution, within 3 working days at the latest, following the completion of these transactions.
Content
ARTICLE 23- (1) In the content of newspapers and internet news sites according to the number of categories and indicators;
a) To publish all kinds of texts in Turkish except for special announcements and advertisements,
b) Other articles, such as news, columns, articles, comments, research, interviews, and pictures, visuals, photographs, on political, economy, culture, art, social, magazine and sports issues that concern the publication or quota place and its environment, provided that they are original and up-to-date, include graphics, cartoons and the like,
c) Up-to-date radio-television broadcast streams, pharmacies on duty, economic tables, entertainment venues, weather conditions and the like, and content such as puzzles and astrology are not repeated,
ç) The visual content should be relevant and proportional to the news texts, and should be arranged in accordance with the established practices in the press,
d) In the headlines, the content of the news is not deflected, misleading and not creating contradictions,
e) Two-thirds of the surface area of newspapers and daily news numbers of internet news sites consist of the contents specified in subparagraph (b); In at least one sixth of their content, the news made by intellectual workers shown in their staff and those who employ writers should include their own columns, provided that it is at least twice in 7 days,
It is mandatory.
(2) Newspapers and internet news sites may also include content in other languages, provided that they are translated into Turkish.
(3) It is obligatory for newspapers and internet news sites to publish official announcements and advertisements in a complete, correct and timely manner, as well as to take the necessary precautions to ensure that they can be read easily.
Geographical use
ARTICLE 24- (1) In the contents of newspapers and internet news sites;
a) Specifying the intellectual worker who owns the content produced by the persons declared in the staff,
b) Using the origin of the relevant institutions and organizations in press releases, statements and bulletins prepared by public institutions, organizations, institutions, municipalities and their affiliates, other local administrations, political parties, non-governmental organizations and the like,
c) Indication of the relevant person or news agency in the news obtained by paying royalties or subscription fees, depending on the contract,
ç) The use of the word news center in cases where information is collected, compiled and communicated by intellectual workers,
it is mandatory.
(2) Content can be transferred via the Internet, from periodicals or non-periodicals, provided that the name and other necessary information are specified as the source of origin, not exceeding 10% of the number of news or surface area.
(3) Up to 30% of each news or column directly transmitted by any method or form may be included. Transfers made in this way are not considered original content.
(4) In the content that is quoted, 5/12/1951 In accordance with the relevant provisions of the Law on Intellectual and Artistic Works dated and 5846, the name of the cited publication and other necessary information are clearly indicated.
Similarity in content
ARTICLE 25- (1) Similar content cannot be included in two or more periodicals in the same or different places. In determining the similarity, the contracted contents are not taken into account.
(2) If two or more periodicals contain similar content continuously, only one of the publications is given an official announcement and advertisement. In this case, if the owner of the publication is the same person, this person chooses the publication to be announced and advertised. If the owners of the periodicals are different people, the right to publish belongs to the publication that proves that it owns the right to use similar content.
Change of names of newspapers and domain names of internet news sites
ARTICLE 26- (1) The names of newspapers and the domain names of internet news sites cannot consist of words or abbreviations that may contradict the general moral understanding and public order.
(2) Internet news sites cannot request a domain name change if a decision to block access is given by the competent authorities.
(3) If newspapers want to change their names and internet news sites domain names, they send their requests including their new names or domain names to the Authority in a signed form.
(4) If the Board of Directors, as a result of its examination, concludes that the name or domain name is in accordance with the first paragraph, it permits the change.
(5) Newspapers and internet news sites may use their new names or domain names, provided that they notify the Agency at least 3 working days from the date on which the decision of the Board of Directors regarding the change is received. These changes are made public in a visible area before they are made.
(6) Newspapers and internet news sites are obliged to announce and make this change within one month at the latest, following the notification of the decision regarding the permission to change. Otherwise, it continues its publication with the same name or domain name.
(7) Newspaper and internet news sites cannot request a name or domain name change more than twice in a calendar year, except for the change of publication owners.
Invoicing
ARTICLE 27- (1) Newspapers and internet news sites are obliged to issue an invoice for the official advertisements they publish, according to the principles and measures specified in the Official Announcement Price Tariff, and for all periodicals, according to the price calculated over the tariffs determined by them for special advertisements and advertisements, after deducting the Agency's commission. .
(2) The issuance of an invoice contrary to the specified tariffs or the other principles determined in this Regulation, or the application of sanctions pursuant to the relevant laws for not being issued at all, shall not prevent action in accordance with Article 195 of the Law No. 49.
accounting transactions
ARTICLE 28- (1) Newspaper and internet news sites should arrange their accounting on the basis of balance sheet.
workplace obligation
ARTICLE 29- (1) It is obligatory for newspapers and internet news sites to continue their activities in a workplace dedicated to the profession of journalism.
(2) In this workplace;
a) Having a working area of at least 5 square meters per person, in proportion to the intellectual workers declared in the staff,
b) Necessary technical techniques that intellectual workers will use in order to carry out their profession of journalism. your equipment to be found,
c) Not to carry out any other professional activity or commercial business that is incompatible with the profession of journalism, and not to be used as a residence at the same time,
ç) Hanging the sign with the name of the newspaper and internet news site in a visible place,
must.
PART TWO
Provisions Regarding Newspapers Related to Publication of Official Announcements
FIRST PART
Scope and Categories
Scope
ARTICLE 30- (1) Newspapers that are in the waiting period or that have the right to publish official announcements must comply with the provisions in this section together with the provisions in the first part.
Broadcast locations
ARTICLE 31- (1) The places of publication of the newspapers are as follows:
a) 10/7/2004 Considering the provisions of the Metropolitan Municipality Law No. 5216 dated 6/3/2008 and Law No. 5747 on Establishing Districts within the Boundaries of Metropolitan Municipality and Amending Some Laws dated 12/11/2012, Metropolitan Municipality in Fourteen Provinces dated 6360/XNUMX/XNUMX and numbered XNUMX and in provinces that have gained metropolitan municipality status and/or metropolitan municipality borders have been redefined pursuant to the Law on Establishing Twenty-seven Districts and Amending Certain Laws and Decrees;
1) Adana province Çukurova, Karaisalı, Sarıçam, Seyhan and Yüreğir districts,
2) Ankara province Altındağ, Çankaya, Etimesgut, Gölbaşı, Keçiören, Mamak, pursaklar, Sincan and Yenimahalle districts,
3) Antalya province Aksu, Döşemealti, Kepez, Kepez ve Kepez counties,
4) Aydın province Efeler district,
5) Balikesir province six september and Karesi counties,
6) Bursa province Gemlik, Gürsu, Kestel, Mudanya, Nilüfer, Osmangazi and Yıldırım districts,
7) Denizli province Merkezefendi and Pamukkale counties,
8) Diyarbakir province Baglar, Kayapınar, Sur and Yenişehir districts,
9) Aziziye, Palandöken and Yakutiye districts of Erzurum province,
10) Eskisehir province Odunpazari and Tepebaşı districts,
11) Gaziantep province Oğuzeli, Şahinbey and Şehitkamil districts,
12) Hatay province Antakya and Defne counties,
13) Istanbul Province Islands, Arnavutkoy, Flat, Avcilar, Bagcilar, Bahcelievler, Bakirkoy, Esenyurt, Bayrampasa, Besiktas, Beykoz, Beylikdüzü, Beyoglu, Buyukcekmece, Catalca, Çekmeköy, Esenler, Flat, Eyüpsultan, Fatih, Gaziosmanpasa, Gungoren, Kadıköy, Kağıthane, Kartal, Kucukcekmece, Maltepe, Pendik, Sancaktepe, Sariyer, Sultanbeyli, sultangazi, Şile, Şişli, Tuzla, Ümraniye, Üsküdar and Zeytinburnu counties,
14) İzmir province Balçova, Bayraklı, Bornova, Buca, Çiğli, Gaziemir, Güzelbahçe, Karabağlar, Karşıyaka, Konak, Narlıdere and Torbalı districts,
15) Kahramanmaraş province Dulkadiroğlu and twelve february counties,
16) Hacılar, İncesu, Kocasinan, Melikgazi and Talas districts of Kayseri province,
17) Kocaeli province Başiskele, Izmit and Kartepe counties,
18) Karatay, Meram and Selçuklu districts of Konya province,
19) Battalgazi and Yeşilyurt districts of Malatya province,
20) Princes of Manisa Province and Yunus Emre counties,
21) Mardin province Artuklu town,
22) Mersin province Mediterranean, Akdeniz, Taurus and Yenişehir districts,
23) Menteşe district of Muğla province,
24) Ordu Province Altınord town,
25) Sakarya province Adapazari, Akyazı, Arifiye, Erenler, Ferizli, Hendek, Karapürçek, Sapanca, Serdivan and Söğütlü counties,
26) Samsun province Atakum, Canik, My first step and Tekkeköy districts,
27) Tekirdag province Suleymanpasa town,
28) Trabzon province Ortahisar town,
29) Sanliurfa province Eyyubiye, Haliliye ve Karaköprü counties,
30) Van province Silk Road, Tusba and Edremit districts,
il centrally the only broadcasting place,
b) 3/7/2005 Adıyaman, which has the status of a central municipality, taking into account the Municipality Law No. 5393 dated Afyonkarahisar, Agri, Aksaray, Amasya, Ardahan, Artvin, Bartin, Batman, Bayburt, Bilecik, Bingol, Bitlis, Bolu, Burdur, Canakkale, Cankiri, Corum, Düzce, Edirne, Elazig, Erzincan, Giresun, Gumushane, Hakkari, Igdir, Isparta , Karabük, Karaman, Kars, Kastamonu, Kırıkkale, Kırklareli, Kırşehir, Kilis, Kütahya, Muş, Nevşehir, Niğde, Osmaniye, Rize, Siirt, Sinop, Sivas, Şırnak, Tokat, Tunceli, Uşak, Yalova, Yozgat and Zonguldak provinces. one's central single broadcasting place,
c) Hatay province with Dörtyol, Erzin Payas counties; Hassa and Kırıkhan counties; with Iskenderun Arsuz counties; Kocaeli province Çayırova, Darica, Dilovasi and Gebze districts; Muğla province with Fethiye Seydikemer counties; Tekirdag province Çerkezköy and Kapaklı districts; Çorlu and Ergene districts are the only broadcasting place,
ç) Each of the districts other than the broadcasting places mentioned in subparagraphs (a), (b) and (c) of this paragraph, has a separate broadcasting place,
as acceptable.
(2) The procedures and principles regarding the implementation of this Regulation for new administrative structures to be formed as a result of administrative divisions and/or mergers shall be determined by the Board of Directors.
(3) In case there is no newspaper that has the right to publish in the districts within the boundaries of the metropolitan municipality pursuant to Laws No. 5216, 5747 and 6360, the publication places of these districts are deemed to be among the publication places specified in subparagraph (a) of the first paragraph for the province they are affiliated with.
Categories
ARTICLE 32- (1) The categories of newspapers according to their place of publication are as follows:
SECOND PART
Conditions
Standby time
ARTICLE 33- (1) The waiting period for newspapers to gain the right to publish official announcements is 36 months.
Continuity in broadcast
ARTICLE 34- (1) Newspapers are obliged to continue their publication life uninterruptedly, except for legal restrictions.
(2) 32 nCI 1 specified in the table in the article., Newspapers included in the 2nd, 3rd, 4th and 5th categories are published daily. However, these newspapers may not be published once a week, specific to the notified day, provided that they are stated in the declaration submitted in accordance with the provisions of Law No.
(3) Newspapers belonging to the 6th category must be published on the days specified in the declaration they submitted pursuant to the Law No. 5187, at least two days a week.
(4) Newspapers that had to suspend their publication due to the strike, within 30 days from the end of the strike; Except for the actual sales quantity, if they are republished by fulfilling the other required qualifications and duties, their right to publish official announcements continues.
(5) Newspapers may not be published, provided that they notify the Agency at least 3 business days before Ramadan and Sacrifice Holidays, and within 3 business days in case of force majeure.
Delivery obligation
ARTICLE 35- (1) Newspapers, to form the basis for the examinations to be made in order to determine whether the qualifications and duties related to the various articles of this Regulation are fulfilled in a timely and complete manner;
a) At least 2 of each issue, including the annexes, which are considered as documents, with or without official announcements and advertisements,
b) The pages of these issues will be published in the file format determined by the Institution via İLANBİS, until 09.00:XNUMX on the day it carries the date, at the latest,
It must be sent to the institution.
(2) The newspapers published in the provincial centers of the branches, whose activities for the Agency's services are carried out by another branch of the Agency, and the newspapers within the scope of subparagraphs (c) and (ç) of the first paragraph of Article 31, shall send their printed copies to 16.00 on the second business day following the publication day at the latest. is obliged to deliver it to the branches of the Institution until
Imprint and mandatory information
ARTICLE 36- (1) It is obligatory to include its tag in every issue of the newspaper. In this imprint, the name, date, number of the publication, if the owner of the publication is a real person, if it is a legal person, the legal person, if any, the trade name and the representative of the legal person, if any, the publisher, the responsible manager (editor), the type of publication and the place of administration, contact phone, corporate e-mail address, National Electronic Notification System (UETS) address and the information of the printing house where it was arranged and printed is mandatory.
(2) Newspapers; In the event that the owner of the publication, legal entity representative, publisher, if any, responsible manager (editor) and place of management change, it is obligatory to notify the Institution with a signature on the first business day at the latest, and to make the necessary changes in the tag of the first issue published subsequently.
(3) The area covered by the imprint cannot exceed 140 square centimeters.
(4) Newspapers whose place of management and place of printing are located at the same address may display them in one address in their tags.
Sectoral notebooks
ARTICLE 37- (1) Information pertaining to each printed issue of the newspaper, which constitutes the basis for the right to publish official announcements. in İLANBIS are required to be recorded in the relevant books.
(2) The procedures and principles regarding keeping the books are regulated by the Board of Directors.
(3) All information is processed on a daily basis, except for the amount of return that must be recorded in the books. Refund amounts are recorded within 10 days at the latest.
(4) The books that the newspapers have to keep and their contents are as follows:
a) Paper book: It is the book in which the input of the paper supplied against the invoice to be used in the printing processes of the newspaper and the output of the paper used in the printing of each issue are recorded on the basis of weight or sheet unit, according to the printing technique. However, this book may not be kept if it is documented that the paper used in the printing process is provided by the commercial organization performing the printing in accordance with a contract.
b) Printing book: It is the book in which the total, clean and damaged printing numbers for each issue, the place, time and technique of printing are recorded, together with the printing receipt or any documents that may be equivalent, from the printing house or printing houses where the newspaper is printed.
c) Subscriber book: It is the book in which the name and surname of the subscribers if they are natural persons, their names, trade names, if any, their addresses, subscription start and end dates and the date and number of the subscriber invoice, whether or not the price is collected from the start date. Newspapers that do not have subscribers do not have to keep this book.
ç) Sales book: It is the book that shows the information on the invoices about how many of each issue of the newspaper were given to the dealer or dealers performing the distribution business to be put up for sale at the end-point dealers, and how many were not sold but returned, and the number of subscribers whose invoices were drawn up, if any.
Minimum staff
ARTICLE 38- (1) The minimum number, distribution and duties of opinion workers, which are required to be in the staff of newspapers according to their categories, are given below:
(2) Pursuant to this article 1., Newspapers in the 2nd, 3rd and 4th categories may employ a minimum staff editor-in-chief instead of a correspondent.
(3) It is obligatory for mainstream newspapers to employ opinion workers in the numbers and positions specified for the 1st category.
Minimum area
ARTICLE 39- (1) The minimum daily surface areas determined for each published issue of the newspapers are given below according to their categories:
(2) In determining the area of a published issue of a newspaper, the size and number of pages are taken as basis.
(3) In the calculation of the area of the newspapers;
a) Parts exceeding 2,5 centimeters in the page margins,
b) All kinds of periodic or non-periodical publications, supplements or parts of the same or a separate concession holder, which are given free or paid together with the newspaper,
consider not taken.
(4) It is obligatory for the mainstream newspapers to fulfill the surface area requirement specified for the 1st Category.
Page layout
ARTICLE 40- (1) Newspapers should pay attention to page layout in accordance with technological developments; texts, pictures, photographs, graphics and similar texts, as well as taking the necessary precautions for this content to be easily read and understood.
(2) The news, columns, articles, comments, interviews and other written texts in the contents of the newspapers, excluding the headline and spotlight, must contain at least 12 and a maximum of 14 lines of text in every five centimeters, and the letters must not be smaller than 8 points and larger than 10 points. use is mandatory.
(3) It is obligatory to include the date, page number and name of each page of the newspapers, taking into account the established practices of the press and the features of printing techniques.
Printing essentials
ARTICLE 41- (1) Press of newspapers industry and in accordance with the developments in technology, it is obligatory to pay attention to the printing technique so that all kinds of writings, pictures, photographs, graphics, cartoons and the like are easily readable and understandable.
(2) Except for stationery, office type, desktop or portable digital printing machines, computer printers, duplicators, photocopiers; web offset/rotary, flat offset printing or industrial digital printing machines. However, it is obligatory to print the newspapers published in the places covered by the sub-paragraphs (31), (2) and (13) of the first paragraph of the first paragraph of the 14st article, on the web offset printing machines.
(3) Except for force majeure, the printing process of the newspapers cannot be carried out before 19.00 on the day before the date of the issue to be printed, and it is obligatory to complete the daily minimum amount of actual sales at the same printing house without a break.
(4) Newspapers must notify the Agency in a signed manner on the first business day following the change in the place of printing at the latest.
(5) The pages of each issue of the newspaper are arranged at the place of publication, and 15/7/1950 It must be printed in printing houses operating within the borders of the province where it was published in accordance with the provisions of the Law on Printing Houses dated and 5681. However, newspapers with a surface area of not less than 2,25 square meters may also perform their printing operations in printing houses outside the borders of the province where they are published, within the same principles, provided that they notify the Authority in a signed form in advance.
Distribution principles
ARTICLE 42- (1) Distribution of newspapers to secondary and end-point dealers at the place of publication must be carried out through institutions established for the purpose of periodic publication distribution. Employees, tools and techniques of the distribution establishment equipment It is obligatory to have all kinds of opportunities similar to its counterparts in terms of physical conditions.
(2) Distributing the dealer sales of the mainstream newspapers through the institutions specified in the first paragraph, at least 70% of the country, in every geographical region, through the institutions mentioned in the first paragraph, through the sub-dealers affiliated to these institutions on a day-to-day basis, and to realize this issue at the end-point dealers. documentation is required.
(3) In case the newspapers do not have a distribution establishment as specified in the first paragraph at their place of publication; They are required to realize their dealer sales through at least two end-point dealers, taking into account the sales points at the broadcasting site, and document this issue.
(4) It is obligatory that each issue of the newspaper be put up for sale at the end-point dealers until 09.00:XNUMX on the day it carries its date.
(5) It is obligatory for newspapers to take the necessary measures to report the data of sales made through end-point dealers by the establishments performing the distribution business.
(6) In case of a change in the dealer or dealers distributing the newspapers, it is obligatory to notify the Agency, signed by the newspaper, within 3 working days at the latest.
Minimum selling price and commission rate
ARTICLE 43- (1) The sales price, which must be stated on the first page of the issue of each publication day, cannot be less than 1,50 Turkish liras in local and regional newspapers, and 2 Turkish liras in common newspapers, including value added tax.
(2) The commission fee to be paid to the dealers and the discount made to the subscribers cannot be more than 40% of the amount written on the newspaper. The fee to be paid to subscriber providers is included in this rate.
(3) The subscription price cannot be less than the amount to be found by multiplying the sales price determined after deducting the discount, if any, and the subscription period.
Reseller and subscriber sales
ARTICLE 44- (1) The minimum actual sales and return numbers and rates required to be realized by the newspapers at the place of publication through dealers and through subscription are given below according to their categories:
(2) It is obligatory to fulfill the sales and return conditions specified for the 1st Category of the popular newspapers.
(3) With the exception of sales made more than once for reasonable and acceptable reasons, the sales at the end-point dealers are actually and one by one. a done is essential.
(4) The conditions that the subscriptions must meet in order to be included in the actual number of sales per day are as follows:
a) Subscriptions with a duration of less than 1 month are not taken into account.
b) Each issue of the newspaper, to be delivered to its subscribers until 09.00:XNUMX on the day it carries its date, one or to those who perform the subscriber distribution business by issuing the waybills in bulk, and these transactions must be documented.
c) The number of newspapers delivered to the subscribers at the time specified in subparagraph (b), for which a subscription invoice has been drawn up, is included in the actual daily sales. Newspapers are obliged to take the necessary measures to determine whether the copies of the sales made by subscription are in the hands of the subscriber owners.
(5) From the sales made by the newspapers through subscription;
a) In newspapers with an actual sales amount of up to 1.000 for each issue published; 1 for each natural person subscribed for each number; maximum 10 for public institutions, establishments, establishments and affiliates, non-governmental organizations, trade unions and organizations of political parties; maximum 5 for other legal entities,
b) In newspapers with an actual sales amount of 1.000 or more for each issue published; 1 for each natural person subscribed for each number; maximum 20 for public institutions, organizations, establishments and affiliates, non-governmental organizations, trade unions and organizations of political parties; maximum 10 for other legal entities,
in demand The actual sales amount can be included in the number of subscribers.
Searching for subscribers
ARTICLE 45- (1) The Institution can ex officio investigate whether the duties specified in relation to the subscribers are fulfilled.
(2) As a result of any research to be carried out by the Institution; If it is determined that the number of subscribers falls below the minimum number of actual sales or remains above this number, but 15% or more of the subscribers do not actually continue, the right to publish the newspaper is suspended.
(3) If the date on which the right to publish ceases cannot be determined pursuant to the second paragraph, the date of issuance of the invoice of the subscriber whose subscription date is the oldest, among the subscribers who are not considered valid, shall be deemed to be the date of suspension.
THIRD PART
Indicator Conditions and Numbers Regarding Official Announcement Quota
Main indicators
ARTICLE 46- (1) The number of indicators based on the monthly official announcement quota of the newspapers;
a) Among the mainstream newspapers, those that are published daily 180, those that are not published once a week 1,
b) Those that are published daily in city centers 150, those that are not published once a week 1,
c) In the districts 150 were published every day of the week, 6 published 130 days, 5 published 100 days, 4 published 80 days, 3 published 60 days, 2 published 40 days,
as It has been identified.
Additional indication terms
ARTICLE 47- (1) In order for newspapers to benefit from additional indicators;
a) To have published an official announcement for at least 6 months,
b) Fulfill the additional indicator requirement for at least 1 month backwards,
c) Submitting their requests to the Authority in a signed form, on condition that they clearly state the article in which the provision subject to the additional indicator application is regulated in this Regulation,
must.
(2) The date on which the newspapers will start to benefit from the additional indicator is the date on which the request is recorded in the Institution's records, in case the Institution determines that the conditions in the first paragraph are fulfilled.
Additional staff-area indicator
ARTICLE 48- (1) In their cadres, in proportion to the duties and numbers of the minimum intellectual workers who have the qualifications specified in the 18th and 19th articles and determined in the 38th article;
a) Having 2 times as many idea workers in its staff;
1) 3,00/1 of the newspapers with a surface area of at least 3 square meters, which are widely distributed and whose place of publication is in Istanbul,
2) 2,25/1 of the other newspapers with a surface area of at least 3 square meters,
b) Among the common newspapers that employ 3 times more intellectual workers, those with a surface area of at least 3,70 square meters, at the rate of 2/3,
ek indicator is applied.
Print attachment indicator
ARTICLE 49- (1) Provided that there are at least 5.000 daily newspapers in each province;
a) 2/1 of those published in 6 provinces,
b) 3/1 of those published in 3 provinces,
ek indicator is applied.
Distribution additional indicator
ARTICLE 50- (1) Employees, tools and techniques capable of performing periodicals distribution equipment and the last point affiliated to these establishments, by presenting the entire daily minimum actual sales, together with the place of publication, in at least one province in each geographical region, on a day-to-day basis in at least 70% of the country, through establishments that have all kinds of opportunities similar to their counterparts in terms of physical conditions. An additional indicator at the rate of 1/3 is applied to the widespread newspapers that sell at dealers and certify this issue if requested.
Sales supplement indicator
ARTICLE 51- (1) Widespread newspapers with a surface area of at least 3,00 square meters and newspapers in the 1st and 2nd categories;
a) At the rate of 10.000/3.000 for those who have daily actual sales of more than 1 units and who realize at least 3 of these sales through dealers,
b) Those who have daily actual sales of more than 25.000 and who realize at least 5.000 of these sales through dealers, at 1/2 rate,
c) For those who have daily actual sales of more than 50.000 and who realize at least 10.000 of these sales through dealers, at a rate of 1x,
ç) Those who have daily actual sales of more than 100.000 units and who realize at least 15.000 of these sales through dealers, at a rate of 1,5 times,
d) Those who have daily actual sales of more than 150.000 units and who realize at least 20.000 of these sales through dealers, at twice the rate,
ek indicator is applied.
(2) 2,25 with a surface area of at least 3 square meters., From the local and regional newspapers in the 4th and 5th categories;
a) At the rate of 1.000/500 for those who have daily actual sales of more than 1 units and who realize at least 6 of these sales through dealers,
b) Those who have daily actual sales of more than 2.500 and who realize at least 1.000 of these sales through dealers, at 1/4 rate,
c) At the rate of 5.000/2.000 for those who have daily actual sales of more than 1 and who realize at least 3 of these sales through dealers,
ç) Those who have daily actual sales of more than 10.000 and who realize at least 3.000 of these sales through dealers,
ek indicator is applied.
PART THREE
Provisions Regarding Internet News Sites Related to Publication of Official Advertisements
FIRST PART
Scope and Categories
Scope
ARTICLE 52- (1) Internet news sites that are in the waiting period or that have the right to publish official announcements must comply with the provisions in this section together with the provisions in the first part.
Categories
ARTICLE 53- (1) The categories of internet news sites according to their quota are as follows:
(2) The categories of internet news sites within the scope of this article are determined on the basis of provincial borders, and districts are also included in this quota.
(3) General Category; one., Regardless of which of the 2nd, 3rd, 4th and 5th Categories 77 nCI It is the quota place where internet news sites with certain qualifications will also take place in order to publish the official announcements listed in the first paragraph of the article. Internet news sites in the General Category can also benefit from the official announcements in the quota places created based on the provincial borders.
SECOND PART
Conditions
Standby time
ARTICLE 54- (1) The waiting period for internet news sites to publish official advertisements is 24 months.
(2) In order to gain the exceptional right to publish an official announcement, signed 1., A waiting period of 2 months is applied to internet news sites that fulfill 3 times the minimum staff and daily minimum number of content determined for the 4nd, 5rd, 2th or 4th categories and 6 times the minimum number of unique visitors per day. Internet news sites that have gained the right to publish official advertisements within the scope of this paragraph must continue to fulfill the conditions determined in this paragraph for at least 18 months after gaining the right to publish. Otherwise, the publishing rights are stopped.
(3) Internet news sites that have earned the right to publish by completing the waiting period pursuant to the second paragraph are also benefited from additional indicators for which they meet the conditions.
Concession ownership
ARTICLE 55- (1) The concessionaire of internet news sites;
a) If he is a natural person, this person is a Turkish citizen,
b) If it is a legal person, 51% of its capital belongs to Turkish citizens, and the representatives of the legal entity, the chairman of the board of directors, the vice chairman, the majority of the board of directors and the general manager, and the majority of the votes in the decision-making bodies are real or legal persons who are citizens of the Republic of Turkey,
it is mandatory.
(2) The place of residence of the real persons mentioned in the first paragraph must be located in Turkey, and the legal persons must operate in Turkey.
Continuity in broadcast
ARTICLE 56- (1) Internet news sites are obliged to continue their broadcasts uninterruptedly, except for force majeure and legal restrictions.
(2) Internet news sites that had to suspend their publications due to the strike shall continue to publish official advertisements within 30 days following the end of the strike, provided that they continue their publications by fulfilling other required qualifications and duties, excluding visitor traffic information conditions.
(3) Visitor traffic and content conditions are not sought from internet news sites on the days coinciding with Ramadan and Sacrifice Feasts, provided that they notify the Authority at least 3 working days in advance.
Obligation to preserve content
ARTICLE 57- (1) Internet news sites are obliged to submit the content they keep in accordance with Article 5187 of Law No. 10, upon the request of the Authority, in a way that allows for review.
(2) Internet news sites are obliged to take the necessary measures to notify the content they publish and the information about user visits to their sites, upon the request of the Institution.
Imprint and contact information
ARTICLE 58- (1) In internet news sites, it is obligatory to have an imprint under the communication heading, which users can access directly from the home page. Under this title; If the owner of the publication is a real person, if it is a legal person, the legal person, if any, the trade name and the representative of the legal person, if any, the publisher, the responsible manager (editor), place of management, contact phone, corporate e-mail address, UETS address and place Provider information is required.
(2) Internet news sites; In the event that the owner of the publication, legal entity representative, publisher, if any, responsible manager (editor) and place of management change, it is obligatory to notify the Agency with a signed copy of the changes on the first business day at the latest and to make the necessary changes under the communication heading on the same day.
(3) Internet news sites must notify the Agency of the hosting provider changes with a signature, at the latest, one business day in advance.
Minimum staff
ARTICLE 59- (1) The minimum number, distribution and duties of opinion workers who are required to be in the staff of internet news sites according to their categories are given below:
Minimum number of news and content
ARTICLE 60- (1) The minimum number of news to be published on internet news sites is given below according to their categories:
(2) It is obligatory to include the date and time information in the news and columns in the contents of internet news sites. The date and time when a content was first offered, as well as subsequent update information, are indicated on the content, which will not change each time it is accessed.
Minimum visitor traffic information
ARTICLE 61- (1) The daily minimum visitor traffic information of internet news sites are given below according to their categories:
(2) It is obligatory that at least 15% of the number of unique visitors, according to categories and indicators, should consist of direct visitors.
(3) 1., The average daily stay time of the visitors of the internet news sites in the 2nd, 3rd, 4th and 5th categories is at least 1 minute; In the General Category, it is mandatory to have at least 2 minutes.
(4) In visitor traffic information, domestic sources are taken into account. However, 5% of those from abroad are included in the calculation of the visitor traffic data of the internet news sites in the General Category.
(5) Internet news sites are obliged to deliver the visitor traffic information for each broadcast day via İLANBIS until 17.00 on the next day upon the request of the Authority.
(6) Internet news sites have to use the measurement tool determined by the Authority that collects visitor traffic information.
Design and coding principles
ARTICLE 62- (1) It is necessary for internet news sites to pay attention to the design and coding technique in accordance with technological developments, to make all kinds of texts, pictures, photographs, graphics, cartoons and the like in their content understandable, as well as to be related to the texts of such content and to be read easily. necessary precautions.
Serious violation in visitor traffic
ARTICLE 63- (1) Any intentional and fraudulent behavior, by any method known or to be developed in the future, aimed at partially or completely preventing, disrupting, rendering dysfunctional the duty of the institution to distribute the official announcements equally to periodicals with certain qualifications and conditions, or to unlawfully affect the advertisement distribution quotas, and in visitor traffic information by performing transactions manipulation made.
(2) Internet news sites; with cyber attacks by others manipulation It is obliged to immediately notify the Information Technologies and Communication Authority in writing of any situation that gives the impression of being carried out and to take the necessary technical measures from the moment this situation occurs. Following the submission of the application, it is obligatory to inform the Agency's branch offices of this situation and the measures taken in return, without delay, in a way that will allow them to take measures regarding the duty of official announcement and advertisement distribution.
THIRD PART
Indicator Conditions and Numbers Regarding Official Announcement Quota
Main indicators
ARTICLE 64- (1) The number of indicators based on the monthly official advertisement quota of internet news sites is 150.
Additional indication terms
ARTICLE 65- (1) In order for internet news sites to benefit from additional indicators;
a) To have published an official announcement for at least 6 months,
b) Fulfill the additional indicator requirement for at least 1 month backwards,
c) Submitting their requests to the Authority in a signed form, on condition that they clearly state the article in which the provision subject to the additional indicator application is regulated in this Regulation,
must.
(2) The date on which internet news sites will start to benefit from the additional indicator is the date on which the request is submitted to the Institution's records, in case the Institution determines that the conditions in the first paragraph are fulfilled.
Squad supplement indicator
ARTICLE 66- (1) From internet news sites, in proportion to the duties and numbers of the minimum staff of intellectual workers who have the qualifications specified in Articles 18 and 19 and determined for them in Article 59;
a) 2/1 for those who have 6 times the idea workers in their staff,
b) 3/1 times the rate for those who have 4 times the idea workers in their staff,
ek indicator is applied.
Visitor traffic additional indicator
ARTICLE 67- (1) The minimum number of opinion workers belonging to their categories from internet news sites;
a) Minimum number of unique visitors, employing at least twice as much;
1) 1,5/1 for those with more than 3 times,
2) 2/1 for those with more than 2 times,
b) 3 times the rate for those who employ at least 3 times the number of visitors and whose minimum number of unique visitors is more than 1 times,
ek indicator is applied.
Ad communication additional indicator
ARTICLE 68- (1) Announcement of the institution on the portal At least 3 different advertisements from the published advertisements every day; From the social networks to be determined by the Institution, an additional indicator at the rate of 1/6 is applied to those who share in their own accounts as determined by the Institution.
(2) Those who want to benefit from the additional indicator application specified in the first paragraph must specify their social network accounts on the website in a way that visitors can easily see on the homepage.
(3) If it is determined, ex officio or upon complaint, that the internet news sites that benefit from the additional indicator application according to the first paragraph violate the General Assembly Decision on the Principles of Ethics of the Press in Article 195 of the Law No. 49 on the Organization of the Press Advertisement Institution in the content of their social network accounts Internet news sites are not allowed to benefit from the provision of the first paragraph for a period not exceeding 2 months, by the decision of the Board of Directors.
FOURTH PART
Distribution and Publication of Official Advertisements
FIRST PART
General Principles
Principle of distribution and publication of official announcements
ARTICLE 69- (1) Official announcements are distributed to newspapers and internet news sites that have the right to publish official announcements to be determined by the Authority, in accordance with the procedures and principles set forth in this Regulation, in accordance with the legislation that obliges the publication of official announcements.
(2) In the distribution of official announcements, requests in accordance with the legal basis of the announcements are fulfilled.
(3) Official announcements; Unless otherwise stated, it is published in the general editions of the newspapers, and it is shown on the internet news sites throughout Turkey.
(4) Official announcements are also published through the Agency's digital board, which is placed on the home page of internet news sites and in a visible area.
Display, arrangement and measurement of official advertisements
ARTICLE 70- (1) Newspaper or internet news sites or advertisements on the portal The procedures regarding the arrangement and measurement of the official announcements to be published must be carried out in accordance with the procedures and principles determined in the Official Announcement Price Schedule.
(2) Applications contrary to the Official Announcement Price Schedule are not taken into account when issuing invoices.
(3) The way in which official announcements will be displayed on internet news sites, in which areas and how they will be published is determined by the Board of Directors. The price, typeface, size, measurement method and other technical conditions of these advertisements are determined by the Official Announcement Price Schedule.
Monthly official announcement quota
ARTICLE 71- (1) The monthly official announcement quota is the measure that forms the basis of the rate at which the official advertisements that are likely to be published within a month at a publication or quota place will be distributed to each of the newspapers or internet news sites in that place.
(2) In the determination of the monthly official announcement quota of the newspapers; Factors such as the area, the number of intellectual workers, the number of actual sales per day, the distribution-sales method, the printing technique and places, and the number of publications in a month are taken into account.
(3) In determining the monthly official advertisement quota of internet news sites; Factors such as the number of opinion workers, the number of content, the number of unique visitors, the number of page views, the duration of stay on the page and the sharing of official advertisements on social media accounts are taken into account.
(4) The official announcement quota and distribution tables regarding the distribution of the official advertisements published between the first and last days of each month are made available to the relevant newspapers or internet news sites, depending on the place of publication or quota, on İLANBIS following the finalization of the month-end transactions.
Determination of the number of indicators to be applied
ARTICLE 72- (1) The main indicator numbers, additional indicator conditions and rates, which determine the monthly official announcement quota of newspapers or internet news sites, are arranged in the second and third sections according to the place of publication or quota.
(2) Total number of indicators to be applied; It is determined as a result of multiplying the number of main indicators with the additional indicator ratios and adding the number found with the number of main indicators.
Official announcement coefficient
ARTICLE 73- (1) The official advertisement coefficient is obtained by dividing the amount of official advertisements published for a month in a certain broadcast or quota place by the total number of indicators applied to the newspapers or internet news sites published in that place and which have the right to publish.
The procedure for determining the monthly official quota
ARTICLE 74- (1) The monthly official advertisement quota of newspapers or internet news sites is calculated by multiplying the total number of indicators applied to them with the coefficient of official advertisements to be calculated at the end of each month.
quota account
ARTICLE 75- (1) The one-month official advertisement quota of newspapers or internet news sites is calculated over 30 days. One-thirtieth of the total number of indicators applied is taken as a basis in calculating the one-day quota of newspapers or internet news sites. However, if it is stated in the declaration they have submitted in accordance with the provisions of Law No. 5187, this number is taken as 26 for newspapers that are not published once a week, specific to those days.
(2) In cases where an official announcement is required for less than a month for any reason, the amount of official announcements to be published is determined based on the daily quota of newspapers or internet news sites.
(3) Official advertisements published in more or less than one month by newspapers or internet news sites are deducted from their quota in the following month or added to their quota.
(4) Newspapers and internet news sites that do not publish official advertisements on time or refrain from publishing them unless there is a justified reason cannot claim these balances in the following months if they do not publish official advertisements as much as the monthly official advertisement quota.
Quota application exception for newspapers
ARTICLE 76- (1) For a period of 12 months backwards from the common newspapers that have the right to publish official advertisements;
a) The daily actual sales of each issue through the dealer is not less than 25.000 and the surface area is not less than 3,00 square meters,
b) Employing at least 18 times more intellectual workers in their cadres, in proportion to the minimum number and duties determined for Category 19, whose qualifications are specified in Articles 38 and 1 and which are included in Article 2,
c) Without prejudice to the provision of the first paragraph of Article 51, the Board of Directors is authorized to issue a separate official announcement quota and distribution table for newspapers, regardless of the place of publication, or to terminate this practice, for newspapers with more than 50.000 daily sales.
(2) If the actual daily sales of a newspaper included in the table to be prepared pursuant to the first paragraph is below 50.000, the relevant newspaper is included in the quota and distribution tables of the official announcement regarding its place of publication.
(3) In order to be included in the table to be prepared in accordance with the first paragraph, the newspapers must submit their signed requests to the Authority. If it is determined that the conditions are fulfilled as a result of the audit or examination to be made, these newspapers are included in the table in question as of the following month.
Announcements to be published on internet news sites in the general category
ARTICLE 77- (1) The official announcements to be published on internet news sites in the General Category are as follows:
a) 9/6/1932 With the subparagraph (2004) of the fourth paragraph of the Article 114 of the Execution and Bankruptcy Law dated and numbered 2 and 166 th Announcements to be published within the scope of the second paragraph of the article.
b) 4/1/1961 Announcements within the scope of the last sentence of subparagraph (213) of the first paragraph of Article 104 of the Tax Procedure Law No. 3 dated
c) 8/9/1983 2886 of the State Tender Law No. 17 dated nCI Announcements to be published in accordance with subparagraph (2) of the first paragraph of the article.
ç) 4/11/1983 Announcements to be published within the scope of the fourth paragraph of Article 2942 of the Expropriation Law dated and 10.
d) 22/11/2001 Announcements regarding absence, title cancellation and registration cases, inheritance and succession cases and extraordinary statute of limitations in Article 4721 made within the scope of the Turkish Civil Code dated and 713.
e) 9/6/2004 Announcements within the scope of the third paragraph of Article 5187 of the Press Law dated and 18.
f) 5/3/2020 7223 of the Product Safety and Technical Regulations Law No. 16 dated th Announcements within the scope of the eighth paragraph of the article.
(2) The Board of Directors is authorized to arrange a separate official announcement quota and distribution table for the official announcements to be published only on the internet news sites in the General Category, regardless of the quota made according to the provincial borders of the place of administration, or to terminate this application, regardless of the place of quota.
FIFTH
Periodicals to Publish Official Advertisements
FIRST PART
General provisions
Scope
ARTICLE 78- (1) Periodicals that only have the right to publish advertisements or are in the waiting period in order to gain this right must comply with the provisions of this section. In addition, the provisions in the first part are applied to the extent of their relevance.
Content
ARTICLE 79- (1) In the contents of the periodicals within the scope of this section; Other articles such as news, columns, articles, comments, researches, interviews, pictures, photographs, graphics, cartoons, etc. they must be placed.
SECOND PART
Terms Regarding Newspapers and Magazines
Standby time
ARTICLE 80- (1) In order for newspapers and magazines to acquire the right to publish official advertisements, at least in accordance with the publication times, starting from the publication request;
a) 1 of those published once a week or more,
b) 15 of those published every 9 days,
c) 6 of those published monthly,
ç) 2 of those that are published every 3 months,
d) 3 of those published quarterly,
number are required to be published.
(2) Publication range Official advertisements are not published in newspapers and magazines longer than 3 months.
Special issue
ARTICLE 81- (1) Official advertisements for a maximum of 2 special issues can be given to newspapers and magazines that publish special issues during the waiting period.
Minimum staff
ARTICLE 82- (1) It is obligatory to employ at least 1 responsible manager (editor manager) and 1 reporter in the minimum idea worker positions of newspapers and magazines.
Minimum area
ARTICLE 83- (1) The surface area of newspapers and magazines must be at least 1,40 square meters.
Continuity in broadcast
ARTICLE 84- (1) In the declaration given by the newspapers and magazines pursuant to the Law No. 5187, in periods they must be published.
(2) Newspapers and magazines, which have the right to publish official advertisements and are published at least once a month or more frequently, may combine 1 issues within the same year, not to exceed 2 time.
Delivery obligation
ARTICLE 85- (1) Newspapers and magazines, whether they contain advertisements or not, must deliver at least 2 of each issue, including attachments, to the branches of the Agency, and the pages of these issues to the Agency in the file format determined by the Agency, via İLANBIS. Otherwise, it is removed from the list of periodicals.
THIRD PART
Terms Regarding Internet News Sites
Standby time
ARTICLE 86- (1) In order for internet news sites to gain the right to publish official advertisements, the waiting period they will be subject to as of their publishing request is 30 days.
Continuity in broadcast
ARTICLE 87- (1) Internet news sites are obliged to continue their broadcasts uninterruptedly, except for force majeure and legal restrictions.
Minimum staff
ARTICLE 88- (1) It is obligatory to employ at least 1 responsible manager (editor) and 1 reporter in the minimum opinion worker positions of internet news sites.
Minimum content
ARTICLE 89- (1) Internet news sites are required to publish at least 30 content each month.
(2) It is obligatory to include the date and time information in the news and columns in the contents of internet news sites. On internet news sites, the date and time when a content is first presented and the next update information are indicated on the content in a way that does not change each time it is accessed.
Imprint and contact information
ARTICLE 90- (1) In internet news sites, it is obligatory to have an imprint under the communication heading, which users can access directly from the home page. Under this title; If the owner of the publication is a real person, if it is a legal person, the legal person, if any, the trade name and the representative of the legal person, if any, the publisher, the responsible manager (editor), place of management, contact phone, corporate e-mail address, UETS address and place Provider information is required.
(2) Internet news sites; In the event that the owner of the publication, legal entity representative, publisher, if any, responsible manager (editor) and place of management change, it is obligatory to notify the Institution with a signature on the first business day at the latest and make the necessary changes under the communication heading on the same day.
Obligation to preserve content
ARTICLE 91- (1) Internet news sites are obliged to submit the content they keep in accordance with Article 5187 of Law No. 10, upon the request of the Authority, in order to allow for review.
PART SIX
Audits and Control Board Reports
FIRST PART
General Principles
General provisions
ARTICLE 92- (1) The newspaper or internet news site that has the right to publish official advertisements or that has been subject to a waiting period in order to gain this right is inspected at least once every 2 years.
(2) In determining the 2-year period specified in the first paragraph for newspapers or internet news sites that have been subject to a waiting period, the last specified waiting period start date of the relevant newspaper or internet news site is taken into account.
(3) Interim inspections of newspapers and internet news sites that are in the waiting period, upon signed request or directly according to the need; The inspections at the end of the waiting period are also made upon the signed requests of newspapers and internet news sites.
(4) In order to collect the information and documents that will form the basis for determining whether newspapers and internet news sites have the right to publish official announcements, whether this right has been violated or whether the right to publish has stopped, control boards are established, which are tasked with determining the situation only, if necessary. When deemed necessary as a result of the objection made against the reports they will prepare, control boards may be established where members who did not take part in the previous committee are assigned.
(5) Newspapers, magazines or internet news sites that have the right to publish official advertisements or that have been subject to a waiting period in order to gain this right may also be audited if deemed necessary.
Identification of journalist member candidates
ARTICLE 93- (1) Candidates for journalist members of the control boards are determined by the Board of Directors in December for a period of 2 years, among those who hold a press card as an opinion worker and are recommended by the General Manager.
(2) Candidates who are found to be unable to serve are replaced by new ones appointed with the same procedure.
(3) Those who took office in the control boards in previous years may be candidates for membership again. The retirement of the intellectual worker does not prevent him from being a candidate for the membership of the control board.
Establishment and authorization of control boards
ARTICLE 94- (1) The General Directorate is authorized to establish a sufficient number of control boards to meet the need, and to have these boards work without being subject to time and place.
(2) The control boards to supervise the newspaper or internet news sites and the new control boards to be formed in case of need consist of 1 Institution officers, 1 chairman and 2 member to be assigned by the General Manager. If necessary, 1 journalist with a press card may be included in this committee as an intellectual worker.
Duties and powers of control boards
ARTICLE 95- (1) Duties of control boards; It is to check and determine whether the periodicals related to official announcements and advertisements fulfill the duties and qualifications imposed by this Regulation on time and completely.
(2) The works that the control boards are authorized to do for the purpose in the first paragraph the main ones It is as follows:
a) To collect information regarding the staff of the newspapers, the number of prints, the distribution list to the dealers, the number of sales and returns, and, if any, the sales made by subscription, during the audits; to examine the works and records of the printing house, distribution establishments and subsidiary and end point dealers affiliated to these establishments and the places where paper is sold; To control the content of the archive.
b) Internet news sites; To examine all kinds of information and documents about the staff, hosting provider, the content they publish and user visitor traffic information.
c) To obtain the information and documents they may need from official institutions and organizations and real and legal persons regarding the subject of supervision.
ç) To carry out all kinds of research and examination for the performance of the duties assigned to them in accordance with this Regulation, to obtain all kinds of information and documents regarding the inspection when necessary.
audit expenses
ARTICLE 96- (1) The procedures and principles regarding the daily allowance and travel allowances to be paid to the members of the control board are determined by the General Assembly.
(2) The daily and travel allowances of the members of the control boards to be appointed in the inspections of the periodicals;
a) In inspections made ex officio, the Authority,
b) The relevant newspaper or internet news sites in the inspections made upon request and in the interim and final inspections,
by Paid.
(3) In the event of a notice and complaint, the inspection expense is paid by the person making the notification and complaint before the inspection.
(4) In the event that the inspection cannot be carried out or takes longer than one day due to the fault of the newspaper or internet news sites, the difference in expense is paid by the relevant newspaper or internet news sites.
(5) In cases where newspapers or internet news sites request auditing, the Authority requests auditing expenses within 5 working days at the latest after the request is registered. After the audit expense is transferred to the bank account within 15 working days specified in the Authority's instruction, the audit is carried out within 15 working days.
(6) In cases where the auditing expense is paid by newspapers or internet news sites, considering whether the relevant newspaper or internet news site has the right to publish it or whether it is on a waiting period, about the period between the end of the period in the written instruction requested to be paid and the date on which the expense amount is paid. The relevant provisions of this Regulation shall apply.
Obstacles to duty
ARTICLE 97- (1) Journalist control board members cannot participate in the auditing of the newspapers or internet news sites they are related to.
(2) control board If there is an allegation of hostility based on documents between its members and the audited periodical, the General Directorate shall have the newspaper or internet news site re-audited by establishing a new control board, if necessary, within 10 working days.
(3) As a result of the investigation to be made, resorting to other legal remedies against newspapers or internet news sites where the allegation of hostility is not found to be valid, shall not prevent action from being taken in accordance with Article 195 of the Law No. 49.
(4) Owners of newspapers or internet news sites, representatives of legal entities, if any, and their spouses and relatives by blood and in-laws up to the third degree cannot be members of the control board.
Clarity in controls and audits
ARTICLE 98- (1) In order to enable the controls and inspections to be made;
a) Newspapers; the place of administration, the buildings and service areas in which they operate, the printing houses where they are printed, the vendors from which the paper they use in the printing process is purchased, the dealers performing the distribution business,
b) Internet news sites; the place of administration, the buildings and service areas in which they operate,
here Responsible for keeping time open.
Availability and supply of documents
ARTICLE 99- (1) Newspapers; It is obliged to keep all kinds of documents such as waybills, invoices, contracts related to the printing house where they are printed, the vendors where the paper is bought, the dealers performing the distribution business and the persons related to the subscriber sale, and take measures to ensure that these documents and information about the documents are provided.
(2) In addition to keeping all kinds of documents, such as contracts and invoices, regarding the hosting provider of internet news sites, it is obligatory to take measures to ensure that these documents and information regarding these documents are provided.
Examination of the archive
ARTICLE 100- (1) Upon the request of the control boards, in order to allow the examination;
a) Newspapers must have their collections of at least the last 2 years ready and print patterns for each page of the 3 most recently published issues,
b) Internet news sites have at least 2 years of content,
presentation has to.
Blocking controls
ARTICLE 101- (1) The publishing right of the newspaper or internet news site that hinders the inspections to be carried out by the control boards is suspended. Even if it is decided to renew the right to publish by auditing upon the application of the relevant newspaper or internet news site, the compensation process for the period when the right to publish is suspended will not be applied.
SECOND PART
Control Board Reports
Control board reports and signing
ARTICLE 102- (1) The Directorate General is authorized to determine the form of the control board reports according to the purpose and need of the audit.
(2) All members of the Board must be present at that audit and sign the report. In case of refusal from signing, it is obligatory for the abstaining member or members to put an annotation on the report explaining the reasons for refusal. Otherwise, the report is considered invalid.
(3) In such cases, a new control board to be formed other than the member/members of the relevant newspaper or internet news sites, which causes the aforementioned report to be deemed invalid, shall be audited within 10 working days at the latest, and any control board member/members who cause the invalidation of the report shall be audited. Control board fee is not paid.
(4) In the event that any of the members has an excuse or does not participate in the board in a way that prevents the audit from being carried out, the member to participate in the board is duly determined from among the member candidates.
(5) In the reports of the control boards explaining the inspection results, whether the periodicals meet the qualifications determined in accordance with this Regulation and whether they fulfill the assigned duties are clearly stated on the basis of documents.
Transactions and durations for reports
ARTICLE 103- (1) The control boards appointed by the General Manager issue the reports regarding the assignment within 15 working days at the latest following the completion of the audit or audits, and have them recorded in the Institution documents, in the annex of a cover letter prepared by the president.
(2) The results of the reports submitted to the Agency in this way are submitted to the Directorate General, after the necessary examinations are made, within 3 working days at the latest from the date they reach the Control Directorate.
(3) In case of hesitation, the Directorate General may request an additional report or decide on the situation by evaluating it according to the issues to be determined by it. The Authority of the General Directorate transfers the aforementioned reports to the Announcement Directorate or Control Directorate, depending on their interest, within 2 working days at the latest.
(4) Transactions regarding the reports transferred by the General Directorate are completed within 15 working days at the latest.
(5) Upon request, a copy of the report can be given to the periodical supervised by the General Directorate.
Objection to reports
ARTICLE 104- (1) Newspaper or internet news sites by the control boards;
a) Its formation in terms of procedure,
b) The content of the reports it prepares,
c) Decisions to be taken based on their reports,
against Objections made are resolved in accordance with the procedure set forth in the provisions of this Regulation on control boards.
Resolution of objections
ARTICLE 105- (1) In objections to the content of the control board reports, the General Directorate may have another control board re-audit the newspaper or internet news site within 20 days, in objections to the decisions taken based on the reports of the control boards.
(2) The objections made against the decisions taken on the prepared reports and the audit reports of the control boards envisaged to be formed by the Board of Directors are examined and resolved by the Board of Directors. If requested, the Board of Directors also listens to the owner of the newspaper or internet news site if it deems necessary.
Notification to competent authorities
ARTICLE 106- (1) Corruptions to be learned by the General Directorate of the Institution during the performance of the task are reported to the competent authorities.
SEVENTH SECTION
Decisions on the Implementation of this Regulation
FIRST PART
General Principles
General provisions on decisions
ARTICLE 107- (1) According to the provisions of this Regulation; The right to publish or the monthly official announcement quota transactions are determined and decided upon as a result of the examination, investigation and investigation of various examination or control board reports or İLANBIS records.
(2) The fact that the violation of the legislation could not be detected beforehand and on time does not preclude action and sanction in this regard.
(3) Offsetting is applied for the official announcements published by newspapers or internet news sites during the violation of legislation.
(4) When it is determined that the legislation violations of the newspaper or internet news sites continue during the examinations specified in the first paragraph, the right of the relevant publication to publish official announcements is suspended.
(5) The fact that a deduction process has been applied to newspapers or internet news sites due to the violation of the provisions of the legislation does not prevent the application of a sanction pursuant to Article 195 of the Law No. 49.
(6) A copy of the decisions taken regarding the newspaper or internet news sites regarding the violation of legislation pursuant to this Regulation, together with the documents on which they are based, is submitted to the Board of Directors for action in accordance with Article 195 of the Law No. 49. After the decision to be made by the Board of Directors is finalized, the sanction of cutting off official announcements and advertisements is applied according to the period determined.
(7) The provision of Article 195 of the Law No. 49 shall not be applied to the newspaper or internet news site that notifies in due time that the provisions of the legislation have been violated.
(8) Decisions taken pursuant to this Regulation are sent to the newspaper or internet news site within 7 working days.
(9) The duty and authority to examine and decide on all kinds of applications, including third parties, regarding official announcements belongs to the General Directorate. In case of conflict, the resolution authority is the Board of Directors.
(10) Against the decisions of the Board of Directors, objections can be made to the General Assembly only in cases requiring a decision in principle and within 30 days at the latest. Objections made do not suspend execution.
SECOND PART
Head Office Decisions
Content of the decisions of the General Directorate
ARTICLE 108- (1) In decisions;
a) The method by which the violation or new indicators are determined,
b) The determinations on which the decisions are based,
c) The duration of the violation, if any,
ç) The offset or compensation period and amount, if any,
d) If detected, the date on which the right to publish resumes,
e) How and before which authority or authority the decision can be appealed,
yer gets.
Extension and completion of the waiting period
ARTICLE 109- (1) In case of violation of any of the conditions determined by the General Assembly during the waiting period, the waiting period is extended by the number of days in which the violations occurred.
(2) The date on which the waiting period is completed is determined as a result of the inspection made upon the signed request of newspapers or internet news sites and payment of the inspection expenses at the end of the waiting period.
(3) At the end of the waiting period, if the conditions determined by the General Assembly are fulfilled, the waiting period is completed.
(4) In case the newspaper or internet news sites make a request after exceeding the 15-month period determined for the inspection or examination request pursuant to Article 3, the new waiting period is determined by adding the elapsed time to the waiting period.
Suspension of the right to publish
ARTICLE 110- (1) No official announcement is made on a newspaper or internet news site whose right to publish has been suspended, until the violations are remedied and this right is resumed.
(2) The period during which the right to publish is suspended is determined as the number of days from the start of the violation causing the suspension to the end of the violation.
Re-continuation of the right to publish
ARTICLE 111- (1) An examination is made upon the signed applications of newspapers or internet news sites that the violations that caused the suspension of publishing rights have been eliminated.
(2) If deemed necessary, a control board may be established in terms of the right to publish and it may be decided to conduct an audit. In this case, the newspaper or internet news site shall pay the audit expenses as of the notification of the decision to carry out the audit. th obliged to pay in accordance with the article.
(3) If it is determined that the violation that caused the suspension of the right to publish has been remedied upon ex officio determination or the examination in the first paragraph or the inspection to be carried out pursuant to the second paragraph, the right to publish continues to be effective as of this date.
(4) The signed application date in the first paragraph is the date on which the letter containing the application is recorded in the Institution's records.
Set-off and compensation procedures
ARTICLE 112- (1) The amount corresponding to the official announcements published by the newspapers or internet news sites during the violation of the legislation is deducted, and the compensation for the official announcements that they have rights but cannot publish.
(2) Set-off and compensation transactions are made in the following months over half of the monthly official announcement quota of the relevant publication on the date of the decision regarding these transactions, in order to prevent the victimization of newspapers and internet news sites. However, if the deduction or compensation amount exceeds 3 times the monthly official announcement quota on the decision date of this publication, the deduction or compensation is made over the entire official announcement quota on the decision date. In addition, if the deduction process for the internet news sites in the General Category is due to the violation of the General Category conditions, it is in the general quota, otherwise it is in the province. based applied in the quota.
(3) Applications regarding set-offs and compensations are implemented after the decisions on which they are based become final.
(4) In case there is only one newspaper or internet news site that has the right to publish in a publication or quota place, transactions regarding the deduction;
a) Publishing an official announcement equal to the deduction amount for district newspapers in other newspapers published in the city centre,
b) In the newspapers and internet news sites published in the city center, the official announcement is cut off for the duration of the violation,
shaped Applied.
Termination of the right to publish
ARTICLE 113- (1) Within the scope of this Regulation;
a) Newspaper or internet news sites whose right to publish does not resume within 6 months from the date of notification of the decision regarding the suspension of the right to publish,
b) Newspapers whose publication is suspended for more than 1 months within a year by the authorities authorized by law, and internet news sites whose access is blocked,
c) Newspapers that interrupt their publication for more than 3 days, one after the other or intermittently, in a calendar year, except for Ramadan and Eid-al-Adha,
ç) Internet news sites whose content cannot be accessed more than 7 days consecutively or intermittently within a calendar year, due to their fault or rectification,
d) Daily newspapers related to the publication of official announcements that do not deliver the printed copy of issue 10 to the Institution within a calendar year,
e) Non-daily newspapers related to the publication of official announcements that do not deliver the printed copy of issue 5 to the Institution within a calendar year,
f) Newspapers or magazines, the printed and electronic copies of which are delivered to the Institution are unrealistic and misleading, or the issues that are not published on the same day are published later,
g) Name or domain names 26 th Newspaper or internet news sites that change it in violation of the procedures and principles in the article,
ğ) Newspapers or internet news sites that prevent the control of the control boards in cases where the act of blocking leads to a conviction with a final judicial decision,
h) Journals that suspend their publication or combine 2 issues more than once in the same calendar year or collect more than one issue in a single issue,
ı) Transactions carried out before the Institution or statements and documents submitted 26/9/2004 Periodicals that constitute a crime in accordance with the Turkish Penal Code No. 5237 and special penal laws,
i) Periodicals that notify the Authority that they have waived the right to publish,
j) Internet news sites in case of detection of violation of Article 63,
formal The right to post advertisements and advertisements expires.
Exceptions to right to publish sanctions
ARTICLE 114- (1) Offenses against the Constitutional Order and the Functioning of this Order in the Turkish Penal Code No. 5237, due to the content of the periodical related to the publication of official announcements or the actions of the privileged real or legal persons, the majority of their partners, or the representative of the legal entity, if any, or 12/4/1991 In the event that a criminal case is filed due to the crimes within the scope of the Anti-Terror Law No. 3713 of No. 195, the right to publish official announcements and advertisements for a period not exceeding the period specified in Article 49 of the Law No. XNUMX is terminated by the Board of Directors upon the proposal of the General Directorate. Taking action pursuant to this paragraph does not constitute an obstacle to re-processing. According to the outcome of the lawsuit filed, it is decided to terminate the right to make up, set off or publish official announcements and advertisements pursuant to the provisions of this Regulation.
(2) In the event that a criminal case is brought against any of the persons declared in the staff of intellectual workers within the scope of the crimes specified in the first paragraph, such person or persons, upon the written notification of the Institution, shall be removed from the minimum staff within 5 working days from the date of notification to the periodical to the addressee of the written notification. Otherwise, the right to publish the relevant periodical is suspended in accordance with the provisions of this Regulation.
Objection to the decisions of the General Directorate
ARTICLE 115- (1) The newspaper or internet news website, to which the decision of the General Directorate has been notified, may appeal to the Board of Directors within 10 working days. In the calculation of the period, the date of receipt of the objection letter to the Institution records is taken as a basis.
(2) If the Board of Directors finds the objection justified, the file is sent to the General Directorate for necessary action.
(3) If no objection is made to the decision of the General Directorate or no objection is made in due time or the final objection is not accepted by the Board of Directors, the decision becomes final.
(4) Newspaper or internet news sites are required to submit their objections to the decisions taken about them to the Authority, in separate letters for each decision of the General Directorate.
(5) The periods specified in this article start from the first business day following the notification of the decision.
Eight Section
Miscellaneous and Final Provisions
Institution commission rate
ARTICLE 116- (1) The commission rate to be applied to official announcements and advertisements and special advertisements and advertisements is 15%.
Intermediary role of governorships
ARTICLE 117- (1) Transactions regarding official announcements in places excluded from the Authority's jurisdiction by the decision of the General Assembly are carried out by the governorships by applying the relevant provisions of this Regulation.
Repealed regulation
ARTICLE 118- (1) 5/10/2016 Official Announcements and Advertisements published in the Official Gazette dated 29848 and the Regulation on Periodicals to Publish them have been repealed.
Squad exception
PROVISIONAL ARTICLE 1- (1) 20 of this Regulation nCI the provision of the second paragraph of the article, in terms of spouses 1/1/2023 It does not apply to opinion workers who are notified to the Institution via İLANBİS before the date of the date.
right to publish
PROVISIONAL ARTICLE 2- (1) If the newspapers that have the right to publish official announcements fail to fulfill the provisions of this Regulation, their right to publish is suspended.
Transitional provisions
PROVISIONAL ARTICLE 3- (1) Until the provisions of this Regulation enter into force, the application of the relevant provisions of the Regulation, which was repealed by Article 118, shall continue.
Transitional provisions regarding internet news sites of newspapers that publish official advertisements
PROVISIONAL ARTICLE 4- (1) Internet news sites notified to the Authority by the newspapers that have the right to publish official announcements before the publication of this Regulation, 31/3/2023 Provided that they fulfill the provisions of this Regulation regarding general and internet news sites, excluding the minimum traffic requirement, they will be able to benefit from the official announcements to be published on internet news sites after 1/4/2023 according to the quota places, without being subject to a waiting period. However, 30/9/2023 The right to publish official advertisements of internet news sites that do not meet the minimum traffic requirement as of
(2) According to the provision of the first paragraph, the 6-month period regarding the additional indicator shall not be applied to the internet news sites that have gained the right to publish official announcements.
(3) Internet news sites that have the right to publish official announcements pursuant to the first paragraph shall have their right to publish official advertisements terminated in case the broadcast ownership and their rights to publish official advertisements are transferred within 2 years or their domain names are changed.
(4) Internet news sites notified to the Authority by the newspapers that have the right to publish official announcements before the publication of this Regulation, 31/3/2023 Provided that they make a signed application until the date of the official advertisement, they are included in the section of the periodicals list regarding only the internet news sites where official advertisements can be placed, without being subject to a waiting period.
Transitional provisions regarding the internet news sites of newspapers, which are subject to a waiting period in order to gain the right to publish official advertisements.
PROVISIONAL ARTICLE 5- (1) Internet news sites notified to the Authority before the publication date of this Regulation by newspapers, which are subject to a waiting period in order to gain the right to publish official announcements, must be submitted with a signed application, within 60 days at the latest, from the date of notification of the decision that the newspaper has completed the waiting period and has gained the right to publish official announcements. provided that they fulfill the provisions of this Regulation regarding internet news sites, they will benefit from the official announcements to be published on internet news sites according to their quota places without being subject to a waiting period.
(2) Internet news sites that have the right to publish official announcements pursuant to the first paragraph shall have their right to publish official advertisements terminated in case the broadcast ownership and their rights to publish official advertisements are transferred within 2 years or their domain names are changed.
Transitional provisions regarding internet news sites of newspapers and magazines that publish official advertisements
PROVISIONAL ARTICLE 6- (1) Internet news sites belonging to newspapers and magazines that have the right to publish official advertisements, 31/3/2023 Provided that they complete the provisions of this Regulation on internet news sites that only broadcast official advertisements, provided that they submit a signed application until the date of the date of application, they will be included in the section of the list of periodicals that only allow official advertisements after 1/4/2023, without being subject to a waiting period.
Force
ARTICLE 119- (1) This Regulation;
a) The first part of the first part, 20, 26, 31, 94, 118, 119 and 120 nCI with the provisional article 1, provisional article 3, provisional article 4 and temporary article 6 th on the date of publication of the article,
b) Item (a) of the second paragraph of Article 29 1/7/2023 on,
c) Article 28 1/1/2024 on,
ç) Other provisions 1/4/2023 on,
force enter travelers.
Executive
ARTICLE 120- (1) The provisions of this Regulation are executed by the General Manager of the Press Advertisement Institution.
REGULATION ON AMENDING THE REGULATION ON PURCHASE AND DISTRIBUTION OF OFFICIAL ANNOUNCEMENTS AND ADVERTISEMENTS IN ELECTRONIC ENVIRONMENT
ARTICLE 1- Subparagraphs (b), (f) and (ğ) of the first paragraph of Article 12 of the Regulation on the Electronically Receiving and Distributing of Official Announcements and Advertisements published in the Official Gazette dated 1/2017/29946 and numbered 4 have been amended as follows.
“b) İLANBİS (Advertisement Information System): The information system in which the official announcements and advertisements are received electronically from the advertisers, their distribution to the periodicals, and the procedures regarding the qualifications and duties imposed on the periodicals by the General Assembly of the Institution,
“f) Periodicals: Newspapers, magazines and internet news sites related to the publication of official announcements and advertisements,”
“ğ) Publication instruction: The ILANBIS interface where information regarding the publication of announcements and advertisements other than the scope of official announcements and the name, number and article of the law, the Presidential decree and the regulation that stipulates their publication, where and how many times and according to which legislation the official announcements sent to the Authority will be published, ”
ARTICLE 2- The phrase "in Annex-7" in the first paragraph of Article 2 of the same Regulation has been changed as "in Annex-2 and Annex-3", and the phrase "considering his instruction" as "in accordance with his instruction".
ARTICLE 3- The phrase "determined by the Council of Ministers" in the first paragraph of Article 8 of the same Regulation has been changed to "determined by the President's decision".
ARTICLE 4- The second and third paragraphs of Article 12 of the same Regulation have been amended as follows.
“(2) Official advertisements sent through İLANBIS must be displayed in general editions of newspapers and in internet news sites throughout Turkey, unless otherwise stated.
(3) Periodicals must publish official announcements on time. The responsibility of the official announcements and advertisements that are not published on time, and the official announcements that are not published in general editions or shown throughout Turkey, belong to the relevant periodical.
ARTICLE 5- The second and fourth paragraphs of Article 13 of the same Regulation have been amended as follows.
“(2) Private announcements and advertisements, other than the official announcements and advertisements that the Agency is responsible for, are published in newspapers, magazines or internet news sites in the list of periodicals on the website of the Agency, in line with the wishes of the advertisers.”
“(4) Although it is an official announcement, if the advertisers prefer a newspaper or internet news site, page, column or location or request special typesetting, arrangement and graphics, in the current Official Announcement Price Tariff determined by the President of the Republic, The Special Announcement and Advertisement Tariffs specified in the third paragraph shall be applied, provided that they are not below the specified column-centimeter or unit price.”
ARTICLE 6- The phrase “pre-press and printing processes” in the third paragraph of Article 14 of the same Regulation has been changed as “printing or pre-publishing and these processes”.
ARTICLE 7- The phrase "By the Council of Ministers" in the first paragraph of Article 16 of the same Regulation has been changed as "By the decision of the President", and the phrase "Regulation on Official Announcements and Advertisements and Periodicals to Publish them" has been changed as "Regulations on Official Announcements and Advertisements".
ARTICLE 8- Annex-1 and Annex-2 of the same Regulation have been amended as attached and Annex-3 of the same Regulation has been added.
ARTICLE 9- This Regulation enters into force on 1/4/2023.
ARTICLE 10- The provisions of this Regulation are executed by the General Manager of the Press Advertisement Institution.
Regulation on the Amendment of the Regulation on the Receive and Distribution of Official Announcements and Advertisements in the Electronic Environment
ARTICLE 1- Subparagraphs (b), (f) and (ğ) of the first paragraph of Article 12 of the Regulation on the Electronically Receiving and Distributing of Official Announcements and Advertisements published in the Official Gazette dated 1/2017/29946 and numbered 4 have been amended as follows.
“b) İLANBİS (Advertisement Information System): The information system in which the official announcements and advertisements are received electronically from the advertisers, their distribution to the periodicals, and the procedures regarding the qualifications and duties imposed on the periodicals by the General Assembly of the Institution,
“f) Periodicals: Newspapers, magazines and internet news sites related to the publication of official announcements and advertisements,”
“ğ) Publication instruction: The ILANBIS interface where information regarding the publication of announcements and advertisements other than the scope of official announcements and the name, number and article of the law, the Presidential decree and the regulation that stipulates their publication, where and how many times and according to which legislation the official announcements sent to the Authority will be published, ”
ARTICLE 2- The phrase "in Annex-7" in the first paragraph of Article 2 of the same Regulation has been changed as "in Annex-2 and Annex-3", and the phrase "considering his instruction" as "in accordance with his instruction".
ARTICLE 3- The phrase "determined by the Council of Ministers" in the first paragraph of Article 8 of the same Regulation has been changed to "determined by the President's decision".
ARTICLE 4- The second and third paragraphs of Article 12 of the same Regulation have been amended as follows.
“(2) Official advertisements sent through İLANBIS must be displayed in general editions of newspapers and in internet news sites throughout Turkey, unless otherwise stated.
(3) Periodicals must publish official announcements on time. The responsibility of the official announcements and advertisements that are not published on time, and the official announcements that are not published in general editions or shown throughout Turkey, belong to the relevant periodical.
ARTICLE 5- The second and fourth paragraphs of Article 13 of the same Regulation have been amended as follows.
“(2) Private announcements and advertisements, other than the official announcements and advertisements that the Agency is responsible for, are published in newspapers, magazines or internet news sites in the list of periodicals on the website of the Agency, in line with the wishes of the advertisers.”
“(4) Although it is an official announcement, if the advertisers prefer a newspaper or internet news site, page, column or location or request special typesetting, arrangement and graphics, in the current Official Announcement Price Tariff determined by the President of the Republic, The Special Announcement and Advertisement Tariffs specified in the third paragraph shall be applied, provided that they are not below the specified column-centimeter or unit price.”
ARTICLE 6- The phrase “pre-press and printing processes” in the third paragraph of Article 14 of the same Regulation has been changed as “printing or pre-publishing and these processes”.
ARTICLE 7- The phrase "By the Council of Ministers" in the first paragraph of Article 16 of the same Regulation has been changed as "By the decision of the President", and the phrase "Regulation on Official Announcements and Advertisements and Periodicals to Publish them" has been changed as "Regulations on Official Announcements and Advertisements".
ARTICLE 8- Annex-1 and Annex-2 of the same Regulation have been amended as attached and Annex-3 of the same Regulation has been added.
ARTICLE 9- This Regulation enters into force on 1/4/2023.
ARTICLE 10- The provisions of this Regulation are executed by the General Manager of the Press Advertisement Institution.