One of the subparagraphs in the heavy category as regards sanction. It uses three concepts together.
The Full Text of the Subparagraph
Art. 8/1-f - May not be contrary to the national and moral values of society, to public morals and to the principle of the protection of the family.
Three Objects of Protection
- The national and moral values of society
- Public morals
- The principle of the protection of the family
The Sanction Tier
| Stage | Result |
|---|---|
| Breach | 2-5% of the gross commercial communication revenue of the preceding month + suspension of the programme up to five times - Art. 32/1 |
| More than twenty breaches in a year | The broadcast is suspended for up to five days - Art. 32/5 |
| Repetition of the same breach | Suspension of five to ten days |
| A second repetition | Revocation of the licence |
The Neighbouring Provisions
| Provision | Content |
|---|---|
| Art. 8/1-n | May not be obscene |
| Art. 8/2 | Programmes that may harm the development of children and young people may not be broadcast at times when they may watch, even if a protective symbol is used |
| Art. 8/3 | In on-demand broadcasting services such content must be presented in a way children will not, under normal conditions, hear or see |
| Art. 8/1-ş | May not encourage or normalise violence |
| Art. 24 | The protective symbol system |
We cover those in the watershed guide and the protective symbols guide.
The Constitutional Ground
Art. 26/2 of the Constitution does not list public morals directly among the grounds of limitation; but Art. 28/7 lists the protection of public morals among the grounds of seizure, and Art. 31/2 lists public morals among the grounds on which a restriction may be placed on the right of use. Art. 41, in turn, governs the protection of the family and children's rights.
We cover the detail in the Art. 41 guide.
The Counterpart in Printed Publishing
In printed publishing child protection is governed in Law No. 1117 on the Protection of Minors from Harmful Publications. We cover the detail in the harmful publications guide.
The Counterpart at TRT
Art. 5/e of Law No. 2954: to observe the requirements of public morals, national traditions and spiritual values.
Summary
Subparagraph 8/1-f of Law No. 6112 provides that broadcasting services may not be contrary to the national and moral values of society, to public morals and to the principle of the protection of the family. Its sanction is the heavy tier in Art. 32/1: 2-5% of the gross commercial communication revenue and suspension of the programme up to five times.