The subparagraph governing content directed at women. It is in the heavy category as regards sanction.
The Full Text of the Subparagraph
Art. 8/1-s - May not contain programmes contrary to gender equality, encouraging pressure on women or exploiting women.
Three Separate Criteria
- Being contrary to gender equality
- Encouraging pressure on women
- Exploiting women
The Sanction Tier
| Stage | Result |
|---|---|
| Breach | 2-5% of the gross commercial communication revenue of the preceding month + suspension of the programme up to five times - Art. 32/1 |
| More than twenty breaches in a year | The broadcast is suspended for up to five days - Art. 32/5 |
| Repetition / a second repetition | Suspension of five to ten days / revocation of the licence |
Its Counterpart in Commercial Communication
Article 9 separately provides that commercial communication must not be directed at the exploitation of women. The same principle applies both to programme content (Art. 8/1-s) and to advertising (Art. 9).
We cover the detail in the commercial communication guide.
The Neighbouring Subparagraphs
| Subpara. | Content |
|---|---|
| e | The prohibition of broadcasts discriminating and humiliating individuals on grounds of sex |
| b | The prohibition of inciting society to hatred and hostility by making distinctions of sex |
| ç | Human dignity and the privacy of private life; the prohibition of humiliating expressions beyond the limits of criticism |
| ş | May not encourage or normalise violence |
| ğ | The prohibition of exploiting and encouraging violence against the vulnerable |
We cover the relevant subparagraphs in the discrimination guide and the violence guide.
The Counterpart at TRT
There is no separate principle on gender equality in Law No. 2954; Art. 5/j (respect for the honour and dignity of persons) and Art. 5/e (public morals and spiritual values) cover that field in general terms. As a media service provider TRT is also subject to Art. 8/1-s of Law No. 6112.
The Constitutional Ground
Art. 10 of the Constitution: equality before the law. Art. 41: the family rests on equality between the spouses (that phrase was added by Art. 17 of Law No. 4709 of 3/10/2001) and the State takes protective measures against all kinds of abuse and violence.
Summary
Subparagraph 8/1-s of Law No. 6112 prohibits programmes contrary to gender equality, encouraging pressure on women or exploiting women. The same principle is repeated as regards commercial communication in Art. 9. Its sanction is the heavy tier in Art. 32/1.