The test the Law sets is not the programme genre but exploitation. Article 8/1(r): broadcasting services “may not exploit persons through fortune telling or superstitious beliefs”. The sub-paragraph does not prohibit fortune telling or astrology content as such; what it prohibits is the exploitation of persons through such content.
What the provision does and does not say
| What the Law says | What the Law does not say |
|---|---|
| Exploitation through fortune telling or superstitious beliefs is prohibited | It does not say “fortune telling programmes may not be broadcast” |
| The object of the exploitation is persons | It does not make the scientific accuracy of the content the test |
| The prohibition applies to all broadcasting services | It sets no particular time slot or format limit |
The distinction matters in practice. Saying on the strength of the statutory text that “every astrology programme is prohibited” is wrong, and so is saying that “fortune telling programmes are permitted”. The assessment is made on the specific broadcast, by reference to whether exploitation is present.
What makes exploitation concrete
The Law does not define exploitation; the criterion is assessed by RTUK on the facts. The questions below are useful for self-assessment before transmission:
- Is a charge taken from the viewer? Is there a premium-rate line, message or consultancy sale?
- Are definite assurances given to individuals — about illness, death, marriage, a missing person?
- Is advantage taken of the viewer’s vulnerability — illness, bereavement, debt, desperation?
- Does the programme enter the field of health? Are there statements that steer treatment or lead people to stop medication?
- Is there direction toward the sale of a product or service?
Charged numbers create a separate prohibition
The commonest structure in fortune telling and advice content is the viewer connecting to the programme on a charged line. Two provisions engage at once.
| Provision | Prohibition | Sanction group |
|---|---|---|
| Art. 8/1(ö) | Competitions or lotteries by means of information and communication devices; giving prizes to viewers and listeners or acting as intermediary | Art. 32/1 (grave) |
| Art. 8/4 | Practices misleading viewers and/or leading to unjust gain through premium-rate numbers, local call numbers and numbers subject to special charges; promotion of chat, friendship and matchmaking lines | Art. 32/1 (grave) |
| Art. 8/1(r) | Exploitation of persons through fortune telling or superstitious beliefs | Art. 32/2 |
Article 8/1(r) alone falls under Article 32/2
The sub-paragraph is not among those listed in Article 32/1. Breached on its own, Article 32/2 applies: an administrative fine of one to three per cent of gross commercial communication revenue, with a floor of TRY 1,000 for radio and TRY 10,000 for television and on-demand services. As the table shows, however, the same broadcast can easily breach sub-paragraphs in the grave group as well.
The child audience dimension
Where the content is capable of harming the mental or moral development of children and young people, Article 8/2 engages: such programmes may not be broadcast during time slots when children may watch them, even if a protective symbol is used. Placing a symbol does not legitimise a broadcast at an unsuitable hour.
The commercial communication side
Where a fortune telling or advice service is advertised in a break, the general rules in Article 10 apply: under Article 10/1 advertising must be arranged so as to be clearly recognisable through an audible and/or visual warning and readily distinguishable from the other elements of the programme service. Promotion concealed inside a programme format undermines that test.
Health claims are covered in the health claims guide and children’s hours in the watershed guide.