Civil Servants Earning Income from Social Media and Websites

An official opinion letter by the Presidency's Directorate of Administrative Affairs regarding the classification of income generated by public employees from content creation and platforms such as YouTube as commercial earnings has sparked discussions among public workers. Dr. Onur Çağdaş Artantaş from Hacettepe University made legal evaluations on the subject.

Nature of the Opinion Letter and Legal Status

The Directorate of Personnel and Principles of the Presidency's Directorate of Administrative Affairs published an opinion letter regarding whether the revenues earned by civil servants from content creation, application development, and platforms like YouTube can be evaluated within the scope of the prohibitions in Article 28 of Law No. 657. Such opinion letters do not introduce a new prohibition or regulatory act, but rather constitute the determination of the existing legal situation in accordance with current legislation.

Social Media Use and Income Prohibition

Although public personnel have the right to open social media accounts, they cannot generate income from these accounts. The income obtained is considered a commercial profit and is evaluated within the framework of disciplinary provisions. However, opening a social media account cannot be considered an income-generating activity in and of itself.

Disciplinary Investigations and Burden of Proof

In order for the administration to issue a disciplinary penalty, it must demonstrate with concrete evidence that the personnel has generated income. It is not possible to issue a penalty based on impressions and mind-reading. It is of great importance that investigators properly establish the factual and legal grounds and that the penalty to be given is proportional.

Websites and the Situation of Academicians

The situation of public personnel who establish a website and earn income from it is also subject to the same legal framework. Civil servants can establish websites on the condition of not generating income and complying with disciplinary provisions. As for academics at state and foundation universities, different legal practices remain valid within the framework of relevant laws.