The short answer is yes, but conditionally. Article 31/1 of Law No. 6112: “Media service providers may broadcast political party and candidate advertisements during the election period announced by the Supreme Election Council, until the hour at which broadcasting bans begin.”
Two limits: period and hour
| Limit | Rule | Meaning |
|---|---|---|
| Period | The election period announced by the Supreme Election Council | Political advertising may not be broadcast outside an election period |
| Hour | Until the hour at which broadcasting bans begin | Advertising stops once the ban starts |
The first limit is often overlooked: political advertising is an opportunity specific to the election period. The Law frames it as a permission and confines that permission to the election period. Political promotion outside an election period is not within the scope of this article.
Two compliance conditions
Article 31/2: “Political advertisements must comply with the provisions contained in this Law and with the procedures and principles determined by the Supreme Election Council.”
Political advertising therefore passes two separate reviews. The first is the provisions of Law No. 6112; the second is the rules the Supreme Election Council has set for that election. A failure against either is enough.
Which provisions of Law No. 6112 engage
- Art. 10/1: advertising is arranged so as to be clearly recognisable through an audible and/or visual warning and readily distinguishable from the other elements of the programme service.
- Art. 10/2: the proportion of advertising may not exceed twenty per cent within the broadcasting from one clock hour to the next.
- Art. 8/1(k): broadcasting services may not be one-sided or partisan in relation to political parties and democratic groups.
- Art. 8/1(b), (d), (ç): the prohibitions on incitement to hatred, praising terrorism and expressions degrading persons beyond the limits of criticism apply to advertising copy as well.
Supervision: the Council and the election boards
Under Article 30/1 of Law No. 6112 the Supreme Election Council regulates the procedures and principles for election-period broadcasts, and under Article 30/2 RTUK monitors, supervises and evaluates them in line with the Council’s decisions.
Article 55/A of Law No. 298 splits supervision: the Supreme Election Council is competent for private radio and television broadcasting nationwide, and the district election boards of the place of broadcast for the rest. Decisions of district boards may be appealed to provincial boards within twenty-four hours, and provincial board decisions are final.
Advertising and programme participation run on different clocks
| Activity | Time limit | Basis |
|---|---|---|
| Political party and candidate advertising | During the election period, until the hour bans begin | Law No. 6112, Art. 31/1 |
| Participation in open debates, interviews and panels | From the commencement of the elections until 24 hours before polling day | Law No. 298, Art. 55/A |
| Live coverage of open or closed venue meetings | Same period | Law No. 298, Art. 55/A |
| News, forecasts and comment on the election and results | Prohibited until 18:00 on polling day | Law No. 298, Art. 80 |
What to check when clearing the advertisement
- The Supreme Election Council decision for that election and any limits on format, duration or content
- That the advertisement will run inside the election period and before the ban hour
- That the twenty per cent hourly share will not be exceeded
- That the break is separated in accordance with Article 10/1
- That the copy contains no expression contrary to the principles in Article 8/1
- That it is clear on whose behalf the advertisement is broadcast
Sanctions
A breach of Article 31 falls under Article 32/2: an administrative fine of one to three per cent of the gross commercial communication revenue for the month preceding detection, not less than TRY 1,000 for radio and TRY 10,000 for television and on-demand services. Under the second track of Article 32/5, more than twenty breaches of any commercial communication provision within one year start the suspension ladder.
Where broadcasting contrary to a publication ban is involved, Article 7/4 engages: broadcasting is suspended for one day, rising to five and then fifteen days on repetition within a year, with licence revocation on a third repetition.
Polling day hours are covered in the polling day guide and the general advertising share in the advertising time guide.