Article 4 is one of the most amended articles of the Law. One of the three subparagraphs still standing today is a provision that has been superseded constitutionally.
The Article as It Stands
Article 4 - The basic principles relating to the establishment, operation and administration of radio and television stations and to the regulation of their broadcasts are as follows:
| Subpara. | Provision | Status |
|---|---|---|
| a | The regulation of radio and television broadcasts and the making of broadcasts within and outside the country is a monopoly of the State; that monopoly is exercised by TRT. However, the establishment of radio stations and the making of broadcasts by the police and meteorological organisations for the purpose of continuous warning and announcement is subject to the permission of the Radio and Television Supreme Board | In the text - superseded by Art. 133 of the Constitution |
| b | It is essential that broadcasts be made from more than one channel and throughout the country, in a way that gives listeners and viewers a right of choice | In force |
| c | - | Repealed: 12/1/1989-3517/7 |
| d | - | Repealed: 11/6/2008-5767/10 |
| e | - | Repealed: 11/6/2008-5767/10 |
| f | Frequency planning, allocation and registration procedures for every kind of radio and television broadcast are subject to the provisions of Wireless Law No. 2813 | In force |
The Position of Subparagraph (a)
A Constitutional Court Note
The footnote in the text of the Law gives an interesting history: the phrase "the establishment and operation of transmitter stations" in subparagraph (a) was repealed by Art. 7 of Law No. 3517 of 12/1/1989, and that article was subsequently annulled by the Constitutional Court's decision of 18/5/1990, E.1989/9, K.1990/8.
Subparagraph (b): Multiple Channels and Universal Reach
That is the most meaningful principle in force: it is essential that broadcasts be made from more than one channel and throughout the country, in a way that gives a right of choice.
We cover the detail in the Art. 31 guide.
Subparagraph (f): Frequency
Frequency planning, allocation and registration procedures are subject to the provisions of Wireless Law No. 2813 of 5 April 1983. A reference to the same Law is also made in Arts. 58/3 and 61: radio and television transmitter devices and the telecommunications installations the Corporation will set up are also subject to that Law.
Do Not Confuse the Basic Principles with the Broadcasting Principles
| Art. 4 - Basic principles | Art. 5 - General broadcasting principles | |
|---|---|---|
| What does it govern? | Establishment, operation and regulation - structural | Broadcast content - substantive |
| Number of subparagraphs | Six - three repealed | Thirteen - all in force |
| Example | Frequency planning, multiple channels | Impartiality, accuracy, the separation of news and comment |
We cover the broadcasting principles in the broadcasting principles guide.
Summary
Art. 4 of Law No. 2954 lists six basic principles; three are repealed. The two meaningful principles remaining in force are that broadcasts be made from more than one channel and throughout the country, and that frequency procedures be subject to Wireless Law No. 2813. The state monopoly provision standing in the text lost its function when Art. 133 of the Constitution was amended in 1993.