This article is the constitutional ground for who may appear on the TRT screen and on what conditions. The phrase "other than the press" in its heading draws the boundary of the article.
The Full Text of the Article
Article 31 - Individuals and political parties have the right to use mass communication and broadcasting facilities other than the press owned by public legal persons. The conditions and procedures of such use are regulated by law.
(Amended paragraph: 3/10/2001-4709/11) The law may not impose restrictions preventing the public from receiving news, from reaching thoughts and opinions and from the free formation of public opinion through those facilities, save on the grounds of national security, public order, public morals and the protection of health.
Scope: "Other Than the Press"
The Structure of the Second Paragraph
The second paragraph is a limitation on the legislature and prohibits restrictions save on four grounds:
| Permitted grounds of limitation | The three values protected |
|---|---|
| National security | The public receiving news through those facilities |
| Public order | Reaching thoughts and opinions |
| Public morals | The free formation of public opinion |
| The protection of health | - |
Its Counterparts in Statute
- Turkish Radio and Television Law No. 2954 - the establishment and broadcasting principles of public service broadcasting.
- Law No. 298 on the Basic Provisions on Elections and Voter Registers - the procedure for political parties to use radio and television during an election period. We cover it in the ancillary legislation map.
Its Connection with Art. 133
Art. 31 recognises the right of use; Art. 133 governs the institutional status of those facilities and treats as fundamental the autonomy of the public broadcasting institution and of the news agencies aided by public legal persons and the impartiality of their broadcasts.
We cover the detail in the Art. 133 guide.
Its Difference from Art. 29/4
| Issue | Art. 29/4 | Art. 31 |
|---|---|---|
| Who benefits? | Periodicals | Individuals and political parties |
| From what? | The means and facilities of the State and of public legal persons | Mass communication and broadcasting facilities other than the press owned by public legal persons |
| The measure | The basis of equality | Conditions and procedures regulated by law; no preventive restriction save on four grounds |
Summary
Art. 31 of the Constitution grants individuals and political parties the right to use mass communication and broadcasting facilities other than the press owned by public legal persons. The law may not impose restrictions preventing the public from receiving news, from reaching thoughts and opinions and from the free formation of public opinion, on grounds other than national security, public order, public morals and the protection of health.