The election period is the one time when regulatory authority over Turkish broadcasting changes hands. Law No. 6112 does not lay down its own rules here: it transfers the power to the Supreme Election Council and gives RTUK a supervisory role.
Article 30: the power sits with the Supreme Election Council
| Paragraph | Provision |
|---|---|
| Art. 30/1 | “The procedures and principles concerning broadcasts made during election periods in connection with elections shall be regulated by the Supreme Election Council.” |
| Art. 30/2 | “The Supreme Council shall monitor, supervise and evaluate the election-period broadcasts of media service providers in line with the decisions of the Supreme Election Council.” |
| Art. 30/3 | The provisions regulated in Article 149/A of Law No. 298 shall be implemented by the Supreme Council following the decisions of the Supreme Election Council. |
Law No. 298 Article 55/A: private broadcasters
Article 55/A of Law No. 298 on Basic Provisions on Elections and Voter Registers imposes obligations directly on private broadcasters during an election period.
Its first paragraph: “From the commencement date of the elections until the close of polling day, private radio and television undertakings shall be subject, in the broadcasts they make, to the provisions of Articles 5, 20, 22 and 23 and the second paragraph of Article 31 of Law No. 2954 on Turkish Radio and Television.”
During an election period, therefore, private broadcasters become subject to provisions normally written for TRT — among them the general broadcasting principles in Article 5 of Law No. 2954, the regime in Article 20 for broadcasting the statements and activities of the President and of political parties with a group in the Grand National Assembly, and the power of prohibition on national security grounds in Article 23.
Freedom for debates and live coverage
The second paragraph of Article 55/A, added by Law No. 5980 of 8 April 2010, grants a freedom: “In the period from the commencement date of the elections until twenty-four hours before polling day, political parties or candidates may explain their views by taking part, together or separately, in programmes such as open debates, interviews and panels on radio and television. Open or closed venue meetings of political parties or candidates may be broadcast live on radio and television.”
Supervision is split
Article 55/A divides supervisory authority according to the reach of the broadcast.
| Reach of the broadcast | Authority for oversight, supervision and evaluation |
|---|---|
| Private radio and television broadcasting nationwide | The Supreme Election Council |
| Those broadcasting otherwise | The district election boards of the place of broadcast |
Decisions of district election boards may be appealed to provincial election boards within twenty-four hours; decisions of provincial election boards are final. The Supreme Election Council determines which undertakings broadcast nationwide, and its decision to that effect is published in the Official Gazette.
The broadcasting principles continue to apply
The Supreme Election Council regime does not suspend the general principles in Law No. 6112. During an election period these sub-paragraphs come to the fore:
- Art. 8/1(k): broadcasting services “may not be one-sided or partisan in relation to political parties and democratic groups”.
- Art. 8/1(ı): impartiality, factuality and accuracy; no publication of uninvestigated news; the source must be stated.
- Art. 8/1(p): surveys and opinion polls conducted or commissioned by the provider must be carried out in the presence of a notary from preparation to announcement.
- Art. 18: the right of reply — requests intensify during elections and the broadcasting period is seven days.
Political advertising
Under Article 31/1 media service providers may broadcast political party and candidate advertisements during the election period announced by the Supreme Election Council, until the hour at which broadcasting bans begin. Under Article 31/2 such advertisements must comply both with Law No. 6112 and with the procedures and principles determined by the Supreme Election Council.
Recordings and supervision
Broadcast recordings matter particularly during elections. Under Article 25/1 private media service providers keep a recording of every broadcast for one year; under Article 25/2 a copy must be delivered within ten days of notification where RTUK requests it. Those recordings are the basis of any examination of election-period output.
Polling day hours are covered in the polling day guide and advertising rules in the political advertising guide.