What does "retraction" mean?

What Does "Retraction" Mean? | Izmir Lawyer

refutation, 

noun, (tekzi:bi), Arabic tekẕīb

Denial

The right of rectification or reply is regulated by Article 14 of the Press Law No. 5187; it grants individuals the right to publish their own texts in publications that contain false information that violates their honor and dignity.

Retraction Text;

• The publication that wins the tender must be a periodical.
• The retraction statement must be sent within two months of the violation.
• The retraction statement must not contain elements of crime or elements that violate the legally protected interests of third parties.
• The retraction text should not be longer than the infringing text; the infringing content should be less than twenty lines, or if it is an image, the response should not exceed thirty lines.

Publications that receive the retraction must publish it within three days at the latest in daily periodicals, and in the first issue three days after the delivery date in other periodicals, on the same page and column where the publication in which the violation occurred appeared, without any corrections or additions.

If a periodical is published in more than one location, the correction and reply must be published in all editions of the work that gave rise to the right of correction and reply.

If the person entitled to the right of correction and reply dies, this right may be exercised by one of the heirs. In this case, one month is added to the two-month period for the right of correction and reply.

Violation of the Right to Refutation and the Competent Court

If the correction and response are not published within the specified timeframes, or if they are published in violation of the formal requirements mentioned above, the person requesting the response and correction may, within fifteen days from the expiry of the publication period or from the date of publication, ask the local magistrate to order publication or to ensure publication in accordance with the provisions of this Law. The magistrate shall decide on this request within three days, without holding a hearing. An appeal may be filed against the magistrate's decision. The competent authority shall examine the appeal and decide within three days. The decision of the competent authority is final.

Failure to publish correction and response.
Article 18- The responsible editor and the authorized person to whom the responsible editor is subordinate, who fail to comply with the final court decisions regarding the publication of corrections and replies, shall be punished with a heavy fine ranging from ten billion to one hundred and fifty billion Turkish Lira. The heavy fine cannot be less than twenty billion Turkish Lira for regional periodicals and fifty billion Turkish Lira for widely circulated periodicals. The publisher, the responsible editor, and the authorized person to whom the responsible editor is subordinate are jointly and severally liable for the payment of the heavy fine imposed on them. In cases where the correction and reply are not published or are published without complying with the conditions specified in the first paragraph of Article 14, the judge shall also order the publisher to pay the costs of the circulation of this document.
They also decide to publish it as an advertisement in two newspapers with a circulation of over one hundred thousand.

Supreme Court Decisions

Supreme Court 19th Criminal Chamber, Case No. 2018/3007, Decision No. 2018/6274.

The articles titled "A Message That Shook the CHP" and "Allegations of Fraud in the CHP," which appeared on pages 1 and 20 of the May 24, 2017 issue of Yeni Asır Newspaper, contain information about the applicant, a member of the CHP Central Executive Committee from Izmir. social media The article reported on a complaint filed against him for allegedly defrauding shopkeepers in Izmir. It was noted that the comments on the article did not contain any statements targeting the complainant's honor or dignity, but only touched upon internal party disputes. Therefore, the statements in the article should be considered within the scope of freedom of the press.
On the other hand, it is understood that the notification sent to the responsible editor of the aforementioned newspaper via a notary public following the news was served to a permanent employee at the workplace, but the reason for the recipient's temporary absence from the workplace and whether the person receiving the document was an authorized officer or employee to receive the notification on behalf of the recipient were not clearly stated; therefore, the notification was made contrary to the procedure written in Articles 17 and 20 of the Turkish Code of Civil Procedure No. 7201, and the responsible editor of the aforementioned newspaper cannot be held responsible for not publishing the correction and response text in time due to the irregular notification. Therefore, the content of the notification based on the request for annulment in favor of the law by the Chief Public Prosecutor's Office of the Supreme Court of Appeals is deemed appropriate for the reasons stated above, and the decision of the 5th Magistrates' Criminal Court of Izmir dated 11/08/2017 and numbered 2017/4005 is ANNULLED in accordance with Article 309/4 of the Code of Criminal Procedure No. 5271, according to the reason for annulment; It was unanimously decided on May 24, 2018, that the correction and response text would not be published. 

Supreme Court 19th Criminal Chamber, Case No. 2015/4450, Decision No. 2016/2211 K.

Although the decision of the Ankara 2nd Criminal Court of First Instance dated 31/03/2010 and numbered 2010/115 was sent for notification in the name of Ali O…..; Given that the notification was sent to the address of the newspaper's responsible editor, that it was stated that it included a court decision, that it was duly served at the address on April 29, 2010, and that the defendant was appointed as the responsible editor from February 26, 2010, and that the defendant, as the responsible editor on the date of notification of the court decision, was required to comply with the court decision, and furthermore, given that the defendant, despite being aware of the court decision following the indictment dated July 5, 2010, clearly demonstrated his intention not to publish the response and correction text, and considering that the objection decision regarding the publication of the response and correction text was issued in the name of the previous responsible editor and that no notification was made to the defendant on the date of notification, the defendant cannot be held responsible; however, if the responsible editors of the newspaper to whom the response and correction text was addressed leave their positions for any reason and a new responsible editor is appointed in their place, and the notification is issued in the name of the previous responsible editor... The decision to acquit the defendant in writing, based on unfounded grounds, was made without considering that it would become impossible to enforce final court decisions and that individuals whose honor and dignity have been violated or about whom false information has been published would be left unprotected despite a court ruling.,

Since the judgment is contrary to law and the appellant's grounds for appeal are deemed valid, the judgment is reversed in accordance with Article 321 of the Code of Criminal Procedure No. 1412, which should be applied pursuant to Article 8/1 of Law No. 5320, contrary to the notification. TO DETERIORATE, It was unanimously decided on 18/02/2016 that the case be sent back to the court for the proceedings to be continued and concluded from the stage prior to the reversal.

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