The basic broadcasting principle protecting personality rights. The second half of the subparagraph expressly uses the limit of criticism as a criterion.
The Full Text of the Subparagraph
Art. 8/1-ç - May not be contrary to the principle of respect for human dignity and the privacy of private life, and may not contain expressions belittling, humiliating or defamatory of persons or organisations beyond the limits of criticism.
Two Parts
| Part | The value it protects |
|---|---|
| 1st sentence | Human dignity and the privacy of private life |
| 2nd sentence | The reputation of persons or organisations - the prohibition of expressions belittling, humiliating or defamatory beyond the limits of criticism |
The Sanction Tier
Subparagraph (ç) is not in the heavy list in Art. 32/1; Art. 32/2 applies: an administrative fine of 1-3% of the gross commercial communication revenue of the preceding month. Where there are more than twenty breaches within a year the broadcast is suspended for up to five days; on repetition of the same breach for five to ten days, and on a second repetition revocation of the licence (Art. 32/5).
The Constitutional Ground
| Article | Provision |
|---|---|
| Art. 17/1 | Everyone has the right to protect and develop their material and spiritual existence |
| Art. 20 | Everyone has the right to demand respect for their private life and family life. The privacy of private life and family life may not be touched. |
| Art. 26/2 | Among the grounds of limitation, the protection of the reputation or rights and the private and family life of others |
| Art. 32 | The right of correction and reply - where dignity and honour is touched or an untrue publication is made |
We cover the balance between press freedom and personality rights in the personality rights guide.
The Balancing Mechanism: The Right of Reply
Art. 8/1-o: broadcasting services must respect the right of reply and correction of persons or organisations. The procedure is governed in Art. 18. We cover the detail in the right of reply guide.
The Neighbouring Subparagraphs
- (i) The presumption of innocence - the prohibition on declaring someone guilty
- (ğ) The prohibition on exploiting children, the vulnerable and the disabled
- (s) The prohibition on programmes exploiting women
- (e) The prohibition on broadcasts humiliating individuals
The Counterpart at TRT
Art. 5/j of Law No. 2954: to be respectful of the private lives, honour and dignity of persons and to remain bound to an understanding of honesty.
Pre-Broadcast Checks
- Is the expression used necessary for the news value, or is it humiliating?
- Do the image and sound belong to the private sphere?
- Has the allegation been verified? An unverified allegation may be defamatory in nature.
- Has the view of the person concerned been taken?
- If a request for reply and correction arrives, is the process ready?
Summary
Subparagraph 8/1-ç of Law No. 6112 requires broadcasting services to respect human dignity and the privacy of private life and prohibits the use of expressions belittling, humiliating or defamatory of persons or organisations beyond the limits of criticism. The criterion is not criticism itself but the exceeding of its limit. Its sanction is the tier in Art. 32/2.