The sanction for election broadcasting bans is not an administrative fine but imprisonment. The basis is Art. 151 of Law No. 298.
The Text
Art. 151/1: those who, after 6 p.m. on the day before polling day and on polling day, hold meetings or conduct propaganda for election propaganda in public or publicly accessible places, or who make publications for that purpose, or who by whatever means conduct propaganda by word, writing or otherwise of a nature capable of disturbing the order of the election or affecting the casting of votes in complete freedom, or who spread false rumours, are punished with imprisonment of from three months to one year.
| Act | Penalty |
|---|---|
| Making publications for that purpose after 6 p.m. and on polling day | 3 months to 1 year of imprisonment |
| Propaganda by word, writing or otherwise of a nature capable of disturbing the order of the election | 3 months to 1 year of imprisonment |
| Spreading false rumours | 3 months to 1 year of imprisonment |
| Breach of the prohibitions in Art. 58/1 and Arts. 60 and 61 | 6 months to 1 year of imprisonment |
One Article Was Repealed
Art. 149/A of the Law was headed "Offences relating to private radio and television broadcasts". That article was repealed by Art. 10 of Decree-Law No. 687 of 2/1/2017 and the repeal was adopted as such by Law No. 7076 of 1/2/2018.
The Rules Applying to Radio and TV Broadcasts
Art. 55/A draws the frame: from the date the elections begin until the end of polling day, private radio and television organisations are subject, in the broadcasts they make, to Arts. 5, 20, 22 and 23 and the second paragraph of Art. 31 of Turkish Radio and Television Law No. 2954.
The Supervision and Objection Chain
The same article divides the supervisory power:
| Broadcast | Supervisory authority |
|---|---|
| Private radio and television broadcasting nationwide | The Supreme Election Council |
| Those broadcasting otherwise | The district election boards of the place of broadcast |
- An objection may be made to the provincial election boards within twenty-four hours against the decisions of district election boards.
- The decisions of a provincial election board are final.
- The Supreme Election Council is empowered to determine which private radio and television outlets broadcast nationwide; its decision is published in the Official Gazette.
The Supreme Election Council Sets the Broadcasting Principles
Art. 55/A: the Supreme Election Council is charged and empowered with determining the broadcasting principles of private radio and television outlets under the above paragraph. Art. 55/B likewise provides that the principles of propaganda and publications made in the press, communication tools and on the internet are determined by the Supreme Election Council.
The TRT Propaganda Calendar
Art. 52 sets a calendar: without prejudice to provisions in special laws, political parties taking part in the election may conduct propaganda on radio and television from the 7th day before polling day until 6 p.m. on the day before polling day.
The 6 p.m. limit appears in two articles at once: in Art. 52 as the moment the right to conduct propaganda ends, and in Art. 151 as the moment criminal liability begins.
Summary
- Breaching election broadcasting bans carries imprisonment of three months to one year under Art. 151 of Law No. 298; spreading false rumours is listed in the same paragraph.
- The separate offence article for private radio and television broadcasts (Art. 149/A) has been repealed.
- Supervision belongs to the Supreme Election Council for nationwide broadcasters and to district election boards for the rest, and the objection period is twenty-four hours.