This article governs the most contested field of public service broadcasting and lays down two separate rules - one a condition of broadcast, the other about a balancing obligation.
The Text of the Article
Article 20 - Provided that they comply with the broadcasting principles stated in this Law and contain no element giving rise to a right of reply for other political parties, the broadcasting of the statements and activities of the President and of the political parties having a group in the Grand National Assembly of Turkey depends on their having news value and character.
The Three Conditions of the First Paragraph
| No. | Condition |
|---|---|
| 1 | Complying with the broadcasting principles stated in the Law (Art. 5) |
| 2 | Containing no element giving rise to a right of reply for other political parties |
| 3 | Having news value and character |
The Second Paragraph: No Balancing Obligation
The Turkish Radio-Television Corporation, after broadcasting the statements and activities of the President or of a political party, is not obliged to make an effort to obtain and broadcast opposing views immediately afterwards or within the same bulletin for the purpose of balancing it.
The 2018 Amendment
By Art. 95 of Decree-Law No. 703 the words "the Government" in the heading and text of the article were changed to "the President" and "the Government's" to "the President's".
The Opposition's Right of Reply
Despite the repealed articles, a paragraph of Art. 27 continues to govern that field: on account of broadcasts directed at presenting Presidential activities, the political parties having a group in the Grand National Assembly but not included in the Government make their requests for a right of correction and reply within three days of the date of broadcast before the Ankara Magistrates' Criminal Judgeship.
| Element | Provision |
|---|---|
| Who | Political parties having a group in the Grand National Assembly but not included in the Government |
| Against what | Broadcasts directed at presenting Presidential activities |
| Period | Three days from the date of broadcast |
| Where | The Ankara Magistrates' Criminal Judgeship |
| Procedure | Subparagraphs (d), (e) and (f) of Art. 27 |
We cover the whole right of reply process in the right of reply guide.
Two Exceptions: The Right of Reply Does Not Operate
Art. 27, final paragraph: the provisions of this article are not applied to election propaganda speeches to be made by political parties on radio and television under their own special laws, or to Presidential communiqués or speeches.
Parliamentary Broadcasts - Art. 21
Article 21 (Amended: 11/6/2008-5767/6): TRT makes broadcasts summarising the work of the Plenary of the Grand National Assembly on radio in a balanced and impartial manner. Parliamentary activities are reflected through TBMM TV on TRT 3, one of the television channels allocated to the Corporation; the measure is determined by a protocol to be prepared jointly by the Speaker's Office of the Grand National Assembly and the TRT Directorate General. No fee is taken for those broadcasts.
The Constitutional Ground
Art. 31 of the Constitution: individuals and political parties have the right to use mass communication and broadcasting facilities other than the press owned by public legal persons. The law may not impose restrictions preventing the free formation of public opinion save on four grounds.
We cover the detail in the Art. 31 guide.
Summary
Art. 20 of Law No. 2954 makes the broadcasting of the statements and activities of the President and of the political parties having a group in the Grand National Assembly subject to three conditions: complying with the broadcasting principles, containing no element giving rise to a right of reply for other parties, and having news value and character. The Corporation is not obliged to obtain and broadcast opposing views after those broadcasts. For opposition parties a separate three-day route of reply is governed in Art. 27.