The penal article of the Law today punishes only two acts relating to device standards. Its other subparagraphs are repealed.
The Opening Sentence of the Article
Article 63 - Those who commit the acts stated below are punished additionally under the provisions of this article as well, even if those acts constitute another offence.
The Status of the Subparagraphs
| Subpara. | Status |
|---|---|
| a | Repealed: 12/1/1989-3517/7 |
| b | Repealed: 4/12/1984-3093/7 |
| c | Repealed: 4/12/1984-3093/7 |
| d | In force |
The Two Penalties in Force
| Act | Penalty | Basis |
|---|---|---|
| Importing or manufacturing devices not complying with the standards, contrary to the provisions of the first paragraph of Art. 58 | Three months to one year in prison | Art. 63/d |
| Manufacturing and importing any radio and television receiver device not complying with the obligations stated in the second paragraph of Art. 58 | Two to six months in prison and a heavy fine of from one hundred thousand to five hundred thousand lira | Art. 63/d, final paragraph |
The Article Referred To: Art. 58
First paragraph (Amended: 15/6/1987-3383/1): in the manufacture and importation of radio and television receiver devices, compliance with the standards to be determined by a regulation to be prepared is compulsory. The manufacture and importation of devices not complying with those standards is not permitted.
Second paragraph: importers and manufacturers are obliged to notify all the technical characteristics and information necessary for the definition of the devices, the instructions for use and the assembly diagrams; and, in the event of a change of model or a modification to the device, the documents relating to that change immediately.
Third paragraph: radio and television transmitter devices are subject to the provisions of Wireless Law No. 2813.
Is There a Penalty Relating to Broadcast Content?
We cover the liability regime in the liability guide and the disciplinary penalties in the discipline guide.
Protection Relating to the Corporation's Property
Article 59: the property and all assets of the Turkish Radio-Television Corporation are deemed State property. That characterisation brings into play the State property provisions in the general criminal legislation in respect of acts committed against the property.
The Criminal Dimension of Programme Protection
Art. 32/2: just as the Corporation may bring an action for pecuniary and non-pecuniary damages against unauthorised use, it also benefits from the civil and criminal protection provided in the Law on Intellectual and Artistic Works.
We cover the detail in the programme protection guide.
Summary
Three of the four subparagraphs in Art. 63 of Law No. 2954 are repealed. The provisions in force concern only device standards: those who import or manufacture devices not complying with the standards are punished by three months to one year in prison; those who do not comply with the notification obligation by two to six months in prison and a heavy fine. The Law contains no direct penal provision relating to broadcast content.