Article 28 determines who bears responsibility in public service broadcasting and establishes three separate rules: who is responsible, who is not, and against whom an action is brought.
Who Is Responsible? - Art. 28/1
In offences or torts committed through the broadcasts of the Turkish Radio-Television Corporation, where the broadcast was made by way of a recording, the persons who wrote the text or whose voice was recorded, who actually checked that text or recording, and who actually directed and controlled the broadcast are responsible.
| Responsible person | Their role |
|---|---|
| The person who wrote the text | Producing the content |
| The person whose voice was recorded | The person recorded |
| The person who actually checked the text or recording | Editorial supervision |
| The person who actually directed and controlled the broadcast | Broadcast management |
Who Is Not Responsible? - Art. 28/2
The personnel of the Turkish Radio-Television Corporation charged with reading out as it stands a text entrusted to them are not held responsible for an offence or tort committed through that broadcast, provided they have not been specially assigned to the direction and control of that broadcast.
The Second Case of Exemption - Art. 28/3
TRT personnel are not responsible for the following broadcasts:
- Presidential communiqués and speeches
- Broadcasts made under Art. 22 (election broadcasts) and Art. 27 (correction and reply) of the Law whose character is stated by an announcement
- Broadcasts relayed live from a radio and television organisation other than TRT stations without making use of recordings
Against Whom Is an Action Brought? - Art. 28/4
Persons, institutions and organisations bring an action, for the damage they suffer on account of broadcasts, not against the personnel of the Turkish Radio-Television Corporation but against the Corporation. The Corporation's right of recourse against the responsible personnel under the general provisions is reserved.
| Issue | Provision |
|---|---|
| Addressee of a damages action | The Corporation - not the personnel |
| Recourse | The Corporation's right of recourse against the responsible personnel is reserved |
| Defence in a criminal case | The personnel may be defended by the Corporation's lawyers (Art. 28/5) |
A Sixty-Day Limitation - Art. 28/6
Its Connection with the Retention of Texts and Recordings
Establishing liability depends on the record of the broadcast. Article 29: written texts and recordings are kept for seventy-five days from the date of broadcast. That period is longer than the sixty-day period for bringing an action in Art. 28 - a deliberate design.
We cover the detail in the retention guide.
The Disciplinary Side Is Separate
Alongside criminal and civil liability, disciplinary responsibility operates separately. Art. 56/B lists separately such acts as preparing a programme contrary to a text that has passed supervision, and broadcasting a programme, news item or news programme without its supervision having been carried out.
We cover the detail in the discipline guide.
Summary
Art. 28 of Law No. 2954 holds responsible, in offences and torts committed through broadcasting, the persons who wrote the text, whose voice was recorded, who actually checked the text and who actually directed the broadcast. Personnel charged with reading out a text given to them as it stands are not responsible unless they were specially assigned to the direction and control of the broadcast. Damages actions are brought against the Corporation; the Corporation's right of recourse is reserved. Actions not brought within sixty days of the date of broadcast are not heard.