The provision protecting the independence of the members of the regulatory body. Six paragraphs establish a system aimed at preventing conflicts of interest.
Prohibition 1: A Connection with the Sector - Art. 38/1
The members of the Supreme Council and their blood and affinal relatives up to and including the third degree may not, without prejudice to the provisions of Law No. 5846 on Intellectual and Artistic Works, enter into any undertaking business on matters falling within the field of duty and power of the Supreme Council in the field of broadcasting services, and may not be partners or managers in media service provider organisations or in companies having a direct or indirect ownership connection with those organisations.
Prohibition 2: Other Duties and Politics - Art. 38/2
The members of the Supreme Council may not take any duty of an official or private character, apart from preparing works for scientific purposes, giving lectures and conferences and serving on juries and commissions that do not disrupt their principal duties; may not be a party, directly or indirectly, on matters falling within the field of duty and power of private or public media service providers, may not obtain any material benefit on those matters and may not be a member of a political party.
Prohibition 4: Keeping Secrets - Art. 38/4
The members of the Supreme Council and the personnel of the Authority may not, even after they have left their duties, disclose or use for their own or another's benefit information of a confidential character relating to the Authority and all kinds of secrets belonging to media service provider organisations and to natural and legal persons carrying out broadcasting services.
Prohibition 5: Withdrawal - Art. 38/5
The members of the Supreme Council may not take part in the deliberation and voting on matters relating to themselves or to their blood and affinal relatives up to and including the third degree. That situation is also stated in the text of the decision.
The Sanction - Art. 38/6
Why So Detailed?
Art. 34/1 defines the Supreme Council as "an impartial public legal person" and Art. 34/2 says that it performs its duties and powers "independently and under its own responsibility". Art. 38 is the concrete guarantee of that impartiality and independence.
We cover the detail in the establishment guide.
The Security of Tenure of the Members
In return for the prohibitions the Law also provides a guarantee: Art. 39 (the security of tenure and the financial and social rights of the members of the Supreme Council). That dual structure is standard in independent regulatory bodies: strict prohibitions and security of tenure.
Summary
Art. 38 of Law No. 6112 imposes on the members of the Supreme Council and on their blood and affinal relatives up to the third degree a prohibition on forming a connection with the sector; members may not take another duty, may not be members of a political party and may not obtain a material benefit. Media shares held before taking up office are divested within thirty days. The obligation to keep secrets continues after leaving office. A member acting contrary to those principles is deemed to have resigned and the situation is notified to the Speaker's Office of the Grand National Assembly.