How long the record of a broadcast is kept determines the fate of liability actions. Article 29 lays down a period and an exception.
The General Period - Art. 29/1
The written texts used in the broadcasts of the Turkish Radio-Television Corporation and the recordings of radio and television broadcasts having no text are kept for seventy-five days from the date of broadcast. Live broadcasts made without making use of recordings, and music broadcasts, are outside the provision of the above paragraph.
| Issue | Provision |
|---|---|
| Period | 75 days |
| Start | The date of broadcast |
| What is kept? | Written texts and recordings of broadcasts having no text |
| Outside the scope | Live broadcasts made without making use of recordings, and music broadcasts |
Why 75 Days?
| Period | For what? | Article |
|---|---|---|
| 60 days | Bringing an action - a limitation period | Art. 28/6 |
| 75 days | Keeping texts and recordings | Art. 29/1 |
| 7 days | Sending a reply text | Art. 27/a |
| 3 days | Broadcasting a reply text | Art. 27/a |
Indefinite Retention - Art. 29/2
The Disciplinary Counterpart of Deletion
Art. 56/B lists among the acts requiring the penalty of a deduction from salary: deleting, causing to be deleted or destroying visual and audio content and the like that must be kept under this Law and under Law No. 6112 of 15/2/2011 on the Establishment of Radio and Television Enterprises and Their Broadcasting Services, before the end of the retention period.
Two More Disciplinary Provisions on the Archive
- Reprimand - not uploading material that must be archived to the digital archive system within its period, not delivering non-digitised programmes to the unit concerned, acting negligently in preserving archive content (Art. 56/B-2/b)
- Suspension of advancement - causing rare or uncopied broadcast archive material to become unusable or to be lost (Art. 56/B-4/d)
- Deduction from salary - causing the loss of equipment containing broadcast content belonging to the Corporation, such as tape, film, records, CDs, DVDs and portable memory, and of programme and news texts to be used as broadcast material (Art. 56/B-3/b)
We cover the whole disciplinary regime in the discipline guide.
Its Relationship with Law No. 6112
The text of Art. 56/B shows expressly that the retention obligation has two sources: "that must be kept under this Law and ... Law No. 6112". As a media service provider TRT is also subject to the recording obligations of Law No. 6112.
We cover the detail in the RTUK guide.
The Practical Result for a Journalist
- If you object to a broadcast, act within 60 days - the record stands for 75.
- If the broadcast has become the subject of an investigation or inquiry, the record is kept until the proceedings are concluded and written notification is made.
- Live broadcasts and music broadcasts are outside that obligation - there may be no record of them.
Summary
The written texts used in TRT broadcasts and the recordings of broadcasts having no text are kept for seventy-five days from the date of broadcast; live broadcasts made without making use of recordings and music broadcasts are outside that. Where a broadcast has become the subject of an investigation, prosecution or inquiry by the legislative, executive or judicial organs, retention is compulsory until written notification that the proceedings have been concluded. Deleting before the period expires requires a disciplinary penalty.