Broadcasting as a flow and broadcasting presented through a catalogue are subject to different rules as regards child protection. The difference comes from the nature of the technology.
The Full Text of the Paragraph
Art. 8/3 - On-demand broadcasting service providers are obliged to ensure that broadcasting services of a nature that may adversely affect the physical, mental or moral development of children and young people are presented in a way in which they will not, under normal conditions, hear or see such services.
What Is an On-Demand Broadcasting Service?
Article 3: a broadcasting service in which programmes are watched or listened to at a time chosen by the user and on their individual request, according to a programme catalogue arranged by the media service provider.
Two Regimes
| Radio and television - Art. 8/2 | On demand - Art. 8/3 | |
|---|---|---|
| Instrument | The time slot + the protective symbol | The access regime - presentation in a way it will not, under normal conditions, be heard or seen |
| Rule | May not be broadcast at times when children may watch, even if a protective symbol is used | It is ensured that such services are presented in a way that will not reach children |
| Logic | The broadcast is a flow; a child may encounter it by chance | The broadcast is on request; access can be prevented |
The Sanction Tier
Art. 8/3 falls within the scope of Art. 32/2: 1-3% of the gross commercial communication revenue of the preceding month. The lower limit for on-demand media service providers is ten thousand Turkish lira.
A Difference in the Administrative Measure
The Protective Symbol System - Art. 24
Art. 3 of the Law defines the protective symbol as follows: the common symbols used by media service providers for the purpose of informing viewers about the content of a broadcasting service. The system is governed in Art. 24.
We cover the detail in the protective symbols guide.
Its Relationship with Broadcasting over the Internet
The concept of an on-demand broadcasting service is defined so as to cover catalogue-based broadcasts presented over the internet as well. We cover the licence dimension in the internet broadcasting guide.
The Counterpart in Printed Publishing
Law No. 1117 establishes a similar logic of preventing access in printed publishing: works found harmful may be sold only to those over 18, in an envelope or bag whose interior cannot be seen. We cover the detail in the sealed sale guide.
Summary
The third paragraph of Art. 8 of Law No. 6112 imposes on on-demand broadcasting service providers the obligation to present broadcasts that may adversely affect the development of children and young people in a way they will not, under normal conditions, hear or see. In broadcasting as a flow the instruments are the time slot and the protective symbol; in on-demand broadcasting it is the access regime. As an administrative measure, removal of the programme from the catalogue may be decided.