Broadcasting legislation in Turkey is read in three periods: the monopoly period, the Law No. 3984 period and the Law No. 6112 period. To understand today's text you need to know all three.
Three Periods
| Period | Basic text | Character |
|---|---|---|
| 1983-1993 | TRT Law No. 2954 | A state monopoly - Art. 4/a of Law No. 2954: broadcasting is a monopoly of the State |
| 1994-2011 | Law No. 3984 | Private broadcasting free; the Radio and Television Supreme Council was established |
| 2011- | Law No. 6112 | The concept of the media service provider; on-demand broadcasting services entered the scope |
The Constitutional Amendment Came First
The source of the freedom is not the statute but the Constitution. Art. 133 of the Constitution was amended by Law No. 3913 of 8/7/1993 to bring the following provision: establishing and operating radio and television stations is free within the framework of the conditions to be regulated by law.
The Effect of Law No. 3984 on Law No. 2954
That is why the phrases "Radio and Television Supreme Board" still appearing in the text of Law No. 2954 have no counterpart today. We cover the detail in the repealed articles guide.
The Provisions Law No. 6112 Repealed - Art. 48
Article 48, headed provisions repealed and not to be applied, repealed Law No. 3984 on the Establishment and Broadcasts of Radio and Television Enterprises.
A Conceptual Break: From the Device to the Service
| Issue | The Law No. 2954 / 3984 period | Law No. 6112 |
|---|---|---|
| The subject of the regulation | The broadcasting organisation and the station | The media service provider - the criterion of editorial responsibility |
| Form of broadcast | Broadcasting as a flow | Flow and on-demand broadcasting service (catalogue) |
| Criterion of jurisdiction | Largely frequency and installation | Head office + editorial decision + workforce + satellite |
| Child protection tool | General principles | The protective symbol system |
| Commercial communication | Focused on advertising | Advertising, sponsorship, product placement, surreptitious commercial communication |
The Old Text Still in Force Today
Points to Watch When Reading the Text
- The article numbers of Law No. 3984 appear in older decisions and case law; their counterparts in Law No. 6112 differ.
- The counterpart today of the phrase "Radio and Television Supreme Board" in the text of Law No. 2954 is the Radio and Television Supreme Council.
- Many provisions of Law No. 6112 were amended by decree-law and subsequently enacted as they stood; the footnotes show that chain.
We cover the method of reading an official text in the Official Gazette guide.
Summary
Freedom in broadcasting began with the amendment of Art. 133 of the Constitution by Law No. 3913 in 1993, and its framework was established by Law No. 3984 in 1994. Law No. 3984 repealed the provisions of Law No. 2954 relating to the Radio and Television Supreme Board. In 2011 Law No. 6112 repealed Law No. 3984 and rebuilt the regulation on the concepts of the media service provider and the on-demand broadcasting service.