The number of RTUK's members and the procedure for their election are written not in a statute but in the Constitution. The same article also lays down a principle for TRT and for news agencies.
The First Paragraph: Freedom
Article 133 (Amended: 8/7/1993-3913/1) - Establishing and operating radio and television stations is free within the framework of the conditions to be regulated by law.
The Second Paragraph: The Establishment of RTUK
(Added paragraph: 21/6/2005-5370/1) The Radio and Television Supreme Council, established to regulate and supervise radio and television activities, consists of nine members.
| Element | Constitutional provision |
|---|---|
| Number of members | Nine |
| Nomination | By the political party groups, as twice the number of members to be determined in proportion to their number of members |
| Election | By the plenary of the Grand National Assembly, taking as a basis the number of members falling to each political party group |
| Other matters | The establishment, duties and powers, the qualifications of the members, the procedures of election and the terms of office are regulated by law |
That paragraph was added by Art. 1 of Law No. 5370 of 21/6/2005. RTUK's statutory regime, in turn, is in Law No. 6112; we cover the detail in the RTUK guide.
The Third Paragraph: Autonomy and Impartiality
The autonomy of the sole radio and television institution established by the State as a public legal person, and of the news agencies aided by public legal persons, and the impartiality of their broadcasts, are fundamental.
| Who? | Constitutional principle | Statutory counterpart |
|---|---|---|
| The sole radio and television institution established by the State | Autonomy and the impartiality of broadcasts | TRT Law No. 2954 |
| News agencies aided by public legal persons | Autonomy and the impartiality of broadcasts | Laws No. 57 and No. 7 + Presidential Decree No. 14 Art. 14 |
The Change in the Marginal Heading
Together with Art. 31
Art. 31 governs the right of use, Art. 133 the institutional status. Together they establish the constitutional framework of public service broadcasting. We cover Art. 31 in the Art. 31 guide.
Summary
Art. 133 of the Constitution leaves the establishment and operation of radio and television stations free within the framework of the conditions to be regulated by law. RTUK consists of nine members; the members are elected by the plenary of the Grand National Assembly from among the candidates nominated by the political party groups. The autonomy of the sole radio and television institution established by the State and of the news agencies aided by public legal persons, and the impartiality of their broadcasts, are fundamental.