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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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