A provision protecting three separate public values in a single subparagraph. The criterion is encouragement.
The Full Text of the Subparagraph
Art. 8/1-l - May not encourage conduct that will harm public health and the protection of the environment and of animals.
Three Objects of Protection
- Public health
- The protection of the environment
- The protection of animals
The Sanction Tier
| Stage | Result |
|---|---|
| Breach | 1-3% of the gross commercial communication revenue of the preceding month - Art. 32/2 |
| Lower limit | Radio one thousand lira; television and on-demand ten thousand lira |
| More than twenty breaches in a year | The broadcast is suspended for up to five days - Art. 32/5 |
| Repetition / a second repetition | Suspension of five to ten days / revocation of the licence |
Its Counterpart in Commercial Communication
Article 9 separately provides that commercial communication must not encourage conduct that will harm health, the environment and safety. The same principle applies both to programme content (Art. 8/1-l) and to advertising (Art. 9).
We cover the detail in the commercial communication guide.
Nutrition and Food Advertising
A paragraph of Art. 9 sets a particular limit: the commercial communication of foods and drinks containing foods and substances whose excessive consumption is not recommended in general nutritional diets may not be given place together with, or within, children's programmes.
Products with a Health Claim - Art. 8/4
Its Relationship with Addictive Substances
Art. 8/1-h separately prohibits broadcasts encouraging the use of addictive substances such as alcohol, tobacco products and drugs and gambling, and is in the heavy tier.
We cover the detail in the addictive substances guide.
The Counterpart at TRT
Art. 5/h of Law No. 2954: not to give place to matters that will harm the physical and mental health of society.
Summary
Subparagraph 8/1-l of Law No. 6112 prohibits broadcasting services from encouraging conduct that will harm public health and the protection of the environment and of animals. The same principle is repeated as regards commercial communication in Art. 9. The promotion of products with a health claim is separately prohibited in Art. 8/4 and at the heavy sanction tier.