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About Turkish Press Council

The Press Council is a self regulation platform created by journalists with the aim of realizing a "freer and a more respectable" press (media) and who came together to establish "freedom of communication (press)" in its broadest sense and to prove that this freedom can be used within the context of responsibility or (self regulation principles).

WHO INSTIGATED THE FOUNDATION OF THE PRESS COUNCIL?

THE PRESS COUNCIL WAS ESTABLISHED by active journalists only and only with the aim of "creating a freer and more respectable press". With this purpose in mind, in the year of 1986, journalists came together and set up a working group of 9 members, namely (in alphabetical order) Hasan Cemal, Güneri Civaoğlu, Yalçın Doğan, Oktay Ekşi, Teoman Erel, Orhan Erinç, Yurdakul Fincancı, Güngör Mengi, Rauf Tamer. This working group met several weeks on Saturdays.
The journalists who favoured the foundation of a "Press council" studied several proposals to this effect and submitted a draft document to the analyses of 294 journalists. The working group developed and edited this Draft in the light of the responses from this group.
Parallel to this work, Oktay Ekşi was given the authority to study the "Professional Principles of the Press" in other countries and submit the results in a different document.
Hence these efforts brought two reports, namely "The Professional Principles of the Press" and "The Press Council Charter".
The texts were mailed to 400 journalists. The replies received by the working group involved 141 colleagues who "agreed" with the Press Council existence "or" offered to be one of the "founding" members. These 141 journalists met on 6 February 1988 in Istanbul and agreed on the establishment of a Press Council.
In short, the Press Council was set up by 141 colleagues who participated in the convention in February.

WHO IS BACKING UP THIS ORGANIZATION?

At the beginning these were only three publishers, Erol Simavi, Aydın Doğan and Dinç Bilgin who supported the idea of "such an organization" they considered "useful". In the following years, however, we saw the public opinion joining this venture.

WHAT WAS THE REASON THIS ORGANIZATION DID NOT MATERIALIZE AS AN ASSOCIATION OR A FOUNDATION?

Because it is the political authority who sets up the status and the field of activity of associations and foundations. For this reason a press council which is set up in the form of an association or foundation, eventually comes into the sphere of political authority, it can be manipulated by political forces. This is against the principle of total independence of the Press Council from any outside pressure. Working group's decision to establish the Press Council as an NGO (non-governmental organization) was based on these arguments.

DOES THIS NOT CREATE A DRAWBACK FROM LEGAL POINT OF VIEW?

The Working Group discussed this question and asked five wellknown professors of law to formulate their opinion. Prof. Dr. Selahattin Sulhi Tekinay (Civil Law), Prof.Dr. Çetin Özek (Criminal Law), Prof.Dr. Aydın Aybay (Civil Law), Ord.Prof.Dr. Sulhi Dönmezer (Criminal Law), Prof.Dr. Kayıhan İçel (Criminal Law). Out of these five authorities four of them gave their comments through written reports and Prof.Çetin Özek through oral reports submitted their views that "there was no reason to object whatsoever from legal point of view". Thus, The Press Council was established by 141 journalists who adopted the "charter" of the new organization.

TAKING IN CONSIDERATION THE SHORTCOMINGS OF THE PRESS FREEDOM IN TURKEY, IS IT NOT CONTRARY TO THE CLAIM THAT THE COUNCIL OPS FOR "WIDER FREEDOMS" BUT BRINGS WITH IT CERTAIN NEW RULES?

THERE IS NO CONTRADICTION BETWEEN THE TWO. In fact the Press Council has proven through its systematic and dynamic struggle to achieve " a wider range of freedom of expression" since the beginning of its establishment. What more, the Press Council has not introduced "new" conditions. What the council did was to take up and put on paper the principles already known by all journalists.

WOULD IT NOT BE BETTER TO ACHIEVE COMMUNICATION (PRESS) FREEDOM FIRST AND THE PRESS COUNCIL TO FOLLOW?

No, it would not, because such an argument is totally absurd as the claim "Let the workers first win their right to general strike, then the trade unions can start to function".

HOW ARE WE GOING TO SUCCEED IN ACHIEVING A FREER AND MORE RESPECTABLE MEDIA?

THERE CAN NOT BE FREEDOM IF IT IS GRANTED BY OTHERS. Especially the freedom of expression can only be attained and defended through a day by day struggle. What more, the founding members have declared in the preamble of the "Professional Principles of the Press" that: Hereby we declare with our own free will that we shall defy any attempt by lawmakers or any other persons or organizations to curtail the freedom of communications and we openly state that we consider the observance of the rules of Professional Principles of the Press a necessity of our basic convictions.

LET US ASSUME THAT WE HAVE ACHIEVED "A FREER PRESS". WHAT WILL THE PRESS COUNCIL DO FOR A MORE RESPECTABLE PRESS?"

It shall try to create consensus among the journalists on specific "Professional Principles". The Press Council will take up a complaint (on condition that there is a formal complaint to the Council concerning a publication, broadcasting or an activity within the sphere of journalism) to study whether the publication or action in question has violated the "Professional Principles of the Press". The Council has to reach a conclusion on this issue and declare the result to the public opinion within a reasonable time.

IS THIS ENOUGH TO ATTAIN A "MORE RESPECTABLE PRESS"?

There is no doubt that the "freedom" of journalists, their education background, on the job training, and conditions which provides them "editorial integrity" (working rules); all these and many other developments gain importance on this question. On the other hand, their resolve to protect the "freedom of communication and use this freedom" with prudence and responsibility by setting up the Press Council is an important step towards respectability in the Press.

IS IT COMPULSORY TO BECOME A MEMBER?

No, it is not. Journalists and Press Organs (newspapers, magazines, news agencies, radio and television networks) and press establishments (associations and trade unions of the media) who have adopted the Professional Principles of the Press and who are determined to defend them may become members of the Council on their free will.

CAN ANY JOURNALIST, PRESS ORGANIZATION AND ANY RELEVANT PRESS GROUP BECOME MEMBER?

YES. Any journalist or Press Association who has signed the "Professional Principles of the Press" document, together with the membership form for accession to the Press Council becomes a member without any other formality.

DOES THE PRESS COUNCIL PUNISH JOURNALISTS?

NO. A punishment is completely out of the question. The Supreme Board of the Press Council studies the case put to the Council and adjudicates which is declared to the public opinion. If this complaint involves a journalist or an organ of media the Supreme Board may only come to three different judgements, namely "Rejecting the complaint" (There is no ground for the complaint), or it decides to "admonish" (to warn) the journalists in question; or it declares that the concerned journalist or media organ is to be "censured" (reprimanded, reproached) if there is heavy violation of professional principles.

WHAT ARE THE ORGANS OF THE PRESS COUNCIL?

Press Council is made up of two major organs: 1. Members' Council
2. Supreme Board of the Press Council
1. This organ is composed of individual members and members of press organs, and of readers, as well as the representatives of organizations cited in the Press Council Charter. Members' Council is the most authoritative organ of the Council. In a way it makes up the "General Assembly" of the Press Council. Members' Council holds its annual convention every year in the month of March. This meeting provides the members to discuss all activities except those concerning the adjudications of the Supreme Board.
2. Supreme Board of the Press Council is composed of 8 journalists and 10 readers' representatives elected by secret ballot for a period of three years, and representatives assigned by those organizations cited in the Press Council Charter.
The representatives of press organs and press associations remain in office as long as their title of "press representative" is valid. Supreme Board of the Press Council has the power of taking any decision which does not trespass the authority of the MEMBERS' COUNCIL.
It evaluates the complaints on violation of Professional Principles of Press. Furthermore, the Supreme Board is also expected to process the applications by those journalists who want an evaluation of any form of attack to their (his/her) professional practice.

WHO CAN APPLY TO THE PRESS COUNCIL?

In Turkey any person can file a complaint to Press Council against a journalist or newspaper or any other media outlet, including web sites, provided the time limit of two months is observed. For further information on this subject, telephone number of Press Council +(90)(212) 224 95 13 or 224 95 15; Fax: +(90)(212) 224 95 14, e-mail: baskon@basinkonseyi.org.tr or from internet website of the Council which is www.basinkonseyi.org.tr

IS THERE A FEE FOR APPLICATION?

NO. All applications to the Council are totally free of charge.

IS IT POSSIBLE TO APPLY TO THE LAWCOURT AND TO THE PRESS COUNCIL AT THE SAME TIME ON THE SAME CASE CONCERNING THE SAME JOURNALIST OR PUBLICATION?

IT IS POSSIBLE, because there is no connection between the evaluation by the Press Council and the rules of law. For instance, same case may be adjudicated by the Council to censure (to reproach) the journalist, the law court may find "not guilty" from the legal point of view. The reverse is also possible.

WHAT ARE THE RULES TO BE OBSERVED BY JOURNALISTS OR PRESS ORGANS WHILE FILING COMPLAINTS AGAINST OTHERS?

To have kept the time limits of two months deadline and to submit to the Supreme Board sufficient information concerning the complaint. These are the rules to be followed.

WHAT IS THE MAJORITY VOTE IN THE SUPREME BOARD?

No case can be discussed in the Board meeting which will not be less than 9 members present. Decisions are taken by simple majority.

IF THERE IS A COMPLAINT FILED CONCERNING A MEMBER OF THE SUPREME BOARD OR THE PRESS ORGAN THAT HE/SHE IS AFFILIATED WITH, WHAT IS THE METHOD THE BOARD USES IN PROCESSING THE DECISION?

When such a complaint is submitted to the Council, the Secretary General follows exactly the same procedure as he follows in case of any normal complaint. Yet the final decision is voted in the absence of the member of the Board or representative of the press organ. The Supreme Board may ask the compliance for further information if necessary.

WHAT SHOULD A PERSON DO WHO FEELS THE SUPREME BOARD LACKS OBJECTIVITY IN ITS APPROACH?

According to the Press Council Charter, such a person doubtful of the decision, may apply to the Chairman to interdict at the most 3 members from joining the meeting and abstain from voting. The person who submits this case to the Board is expected to give detailed information as to his doubts. The Supreme Board is free to decide whether it will be taken into consideration or not.

DO THE MEMBERS OF THE COUNCIL VOTE IN THEIR NAME OR IN THE NAME OF THE ORGAN THEY REPRESENT?

They vote in their own name, because they are expected to be totally out of influences.

ARE ALL APPLICATIONS PROCESSED BY THE SUPREME BOARD?

No, the Secretary General studies the complaint to see if it is satisfactory, sees that nothing is missing in the file. He does not start studying the documents unless all documents have been completed.
When a complaint is received, the Secretary General's first attempt is to get the two sides together for a reconciliation. If he succeeds (for instance if he can persuade the complainant to be satisfied with the publishing of the right to reply), the Secretary General closes the case through reconciliation.
If the Secretary General fails to bring about a reconciliation or if the complaint is not suitable to this effect, he makes necessary research and finally, by evaluating the documents from the view point of the "Professional Principles of the Press", he prepares and submits his report to the Supreme Board.

WHAT IS THE PROCEDURE THAT FOLLOWS THE DECISION?

The Supreme Board discusses and finalizes the report at most in two sessions.
The resolution adopted by the Board is first taken up and turned into a draft by the Secretary General who in turn faxes this draft to the members of the Board who have been present during the discussions. Those members are asked to study the draft for last minute points and they give relevant replies to the Secretary for a re-write before the decision is circulated to all the press organs as well as the complainant and the journalist (or media organ) about whom the complaint is lodged.
Any of the two sides may file an application to the Press Council, claiming a "mistake" in the Supreme Board decision. Thereupon the Chairman, Vice-chairman and the Secretary General study the case once more and prepare a new report to submit to the Supreme Board. If this report is adopted by at least two thirds majority, this new report replaces the old one.




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