Article 26 consists of a two-sentence permission and a list of prohibitions. It is short but it is the core of the TRT advertising regime.
The Permission - Art. 26/1
The Turkish Radio-Television Corporation may broadcast on radio and television advertising breaks, with or without a programme, prepared also by natural persons, institutions and private law legal persons, provided it complies with its duties and broadcasting principles.
The Prohibitions - Art. 26/2
The following matters are not given place in advertising broadcasts:
- Matters deceiving the public
- Misleading matters
- Matters leading to unfair competition
- Matters leading to mutual answering
- Matters disparaging other products or qualities
- Matters inculcating or implying the waste of any product
- Matters generally harmful to the economic situation of the country
The same paragraph adds in a separate sentence: no political propaganda may be made.
Implementation Left to a Regulation - Art. 26/3
The principles relating to advertising broadcasts are governed by a regulation, having regard to the general principles stated in the first and second paragraphs.
Its Relationship with Law No. 6112
As a media service provider TRT is also subject to the commercial communication provisions of Law No. 6112. That Law establishes a far more detailed regime than Law No. 2954:
| Issue | Law No. 2954 Art. 26 | Law No. 6112 |
|---|---|---|
| Deceptiveness | Yes - "deceiving the public, misleading" | Yes - "not being misleading and not harming the interests of the consumer" |
| Protection of children | Not separately listed | Detailed - not exploiting their inexperience, not encouraging them to persuade their parents, not exploiting their trust |
| Discrimination | Not separately listed | Yes - disability, age and other discrimination |
| Sound level | Not regulated | Yes - the sound level of advertisements must be at the same level as the other parts of the broadcast |
| Interrupting a programme | Not regulated | Yes - cinema and television films, news bulletins and children's programmes may be interrupted once for each 30 minutes where the broadcast exceeds 30 minutes |
| Religious ceremony | Not regulated | Yes - no advertising may be placed in any way within the broadcast of a religious ceremony |
We cover the Law No. 6112 regime in the RTUK guide.
Where Is Advertising Revenue Recorded?
Art. 2 of Turkish Radio-Television Corporation Revenues Law No. 3093 lists among the Corporation's revenues (d) every kind of announcement and advertisement made by radio and television and operating revenues. Subparagraph (g) also covers admission fees to concerts, performances and similar programmes to be organised and the revenues from announcements and advertisements to be made at those venues.
We cover the revenue items in the banderole guide.
The Reduced Tariff - Art. 46
Article 46: a reduced tariff may be applied by decision of the Board of Directors in announcement and advertisement business to State departments and organisations, public legal persons and public economic enterprises that apply a reduced tariff to TRT.
Summary
Art. 26 of Law No. 2954 permits TRT to broadcast advertising breaks prepared by natural persons, institutions and private law legal persons, provided it complies with its duties and broadcasting principles. Advertisements may not give place to matters deceiving the public, misleading, leading to unfair competition or mutual answering, disparaging, inculcating waste or harmful to the economy, and no political propaganda may be made. The details are left to a regulation; TRT is also subject to the commercial communication provisions of Law No. 6112.