The Law does not set one narrow prohibition here but two that complement each other. The first sits among the general broadcasting principles (Article 8/1(ö)), the second in the paragraph added in 2017 (Article 8/4). Both are in the grave sanction group under Article 32/1.
The first ban: Article 8/1(ö)
The sub-paragraph reads: broadcasting services “may not contain competitions or lotteries by means of information and communication devices, may not give prizes to listeners and viewers, and may not act as intermediary in the giving of prizes”.
Three separate acts are prohibited and each stands alone:
| Act | Scope |
|---|---|
| Containing competitions or lotteries by means of information and communication devices | Competitions and draws run through SMS, telephone, call lines or applications |
| Giving prizes to listeners and viewers | The broadcaster awarding the prize itself |
| Acting as intermediary in the giving of prizes | Intermediation by the broadcaster even where a third party awards the prize |
The third act matters particularly: the defence “we are not giving the prize, the sponsor is” does not survive the closing words of the sub-paragraph.
The second ban: Article 8/4
The last sentence of Article 8/4, added in 2017, targets the most common form of the practice: “Prizes and rewards may not be promised under the name of competitions, draws, lotteries and the like, and product promotion, sale and marketing may not be carried out by that method, using premium-rate electronic communication service numbers, local call numbers, comparable numbers relating to special content services and other fixed and mobile numbers subject to special charges, in a way that misleads viewers and listeners and/or leads to unjust gain.”
- The ban focuses on prize promises combined with the use of charged numbers.
- The words “competitions, draws, lotteries and the like” prevent circumvention by renaming.
- Product promotion, sale and marketing by the same method are also prohibited.
Sanctions: the grave group
Both Article 8/1(ö) and Article 8/4 are among the provisions listed in Article 32/1.
| Stage | Consequence |
|---|---|
| First decision | Administrative fine of 2% – 5% of gross commercial communication revenue, plus suspension of the programme up to five times |
| Repetition of Art. 8/4 within one year | Broadcasting suspended up to ten days (Art. 32/5) |
| Second repetition of Art. 8/4 | Revocation of the broadcasting licence (Art. 32/5) |
So can no competition be run at all?
The sub-paragraph ties the prohibition to competitions and lotteries run “by means of information and communication devices” and separately bans the giving of prizes to viewers and listeners. The format itself is not prohibited: a quiz programme with contestants in the studio may be broadcast. What triggers the ban is:
- Drawing a viewer or listener into the competition through a charged means of communication
- Giving a prize to a viewer or listener, or acting as intermediary in doing so
- Promising a prize or reward through a premium-rate number
Where exactly that line falls is assessed on the facts; the Law leaves the detail to RTUK’s practice. When designing a format, the first checkpoint should be whether the viewer is drawn in through a charged channel.
Gambling legislation applies as well
The prohibition in Law No. 6112 does not replace the legislation on games of chance and draws; it operates alongside it. Running a draw in a broadcast may separately require authorisation under that legislation. In addition, Article 8/1(h) provides that broadcasting services may not be “of a nature encouraging … the playing of games of chance”, and that sub-paragraph is also in the grave group under Article 32/1.
The producer and presenter are affected too
Under Article 32/4, where a programme suspension measure is applied, the producer of the programme and its presenter where there is one, responsible for the act that led to the sanction, may not make or present any other programme at the same or a different media service provider under any name for the duration of the suspension.
The health claim ban is covered in the health claims guide and polling rules in the opinion poll guide.