If you produce content directed at children or that children can reach, three separate statutes operate at the same time. This article gathers them all in one list.
Three Statutes, Three Fields
| Statute | What does it govern? | To whom does it apply? |
|---|---|---|
| Law No. 1117 | Harmful publications - the stamp, the envelope, display and advertising prohibitions | Printed works and periodicals |
| Press Law No. 5187 | Not disclosing identity (Art. 21) | Periodicals |
| Law No. 6112 | Broadcasting service principles, the protective symbol, commercial communication | Radio and television broadcasting services |
1) The Harmful Publications Check
- Can the content have a harmful effect on the morals of those under 18? (Law No. 1117 Art. 1)
- Does the work possess intellectual, social, scientific or aesthetic value? If so it is outside the scope of the Law. (Art. 6)
- Does my publication appear at intervals of less than a month? If so the direct publication prohibition (additional Art. 2) applies, not the stamp regime.
- Have two copies of each issue been sent to the Board Chairmanship on the working day following publication? (Art. 8)
We cover the details in the Law No. 1117 guide and the copy delivery guide.
2) Not Disclosing Identity - Art. 21 of Law No. 5187
In periodicals it is prohibited to publish in a way that will disclose the identity of, or lead to the recognition of, the following persons:
| Subpara. | Who |
|---|---|
| a | In news concerning sexual relations between persons whose marriage is prohibited under Turkish Civil Code No. 4721, those persons |
| b | In news concerning certain offences listed in the penal code, the victims |
| c | Offenders or victims of an offence who are under eighteen years of age |
3) Broadcasting: Art. 8/2 of Law No. 6112
In radio and television broadcasting services, programmes containing content that may harm the physical, mental or moral 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: on-demand broadcasting service providers are obliged to ensure that broadcasting services of a nature that may adversely affect the development of children and young people are offered in a way that they will not, under normal conditions, hear or see.
We cover the whole Law No. 6112 regime in the RTUK guide.
4) Advertising and Commercial Communication
Law No. 6112 contains a separate set of principles protecting children in commercial communication. Commercial communication must not harm the physical, mental or moral development of children; must not exploit their inexperience or credulity so as to direct them directly to buy a product or service; must not directly encourage children to persuade their parents; must not exploit the trust children have in their parents, teachers or other persons; and must not without reason show children in dangerous situations.
A Pre-Publication Checklist
- Has the content been assessed in terms of the morals of those under 18?
- Is there an offender or victim under 18 in the news? Have the identity and the details that would lead to recognition been removed?
- Have images and photographs been processed to prevent recognition?
- Does the publication appear at intervals of less than a month? Has the scope of additional Art. 2 been checked?
- If posters, prints, postcards or calendars are being produced, has additional Art. 2 been checked?
- Is the copy delivery obligation (Law No. 1117 Art. 8) in the calendar?
- If it is a broadcasting service, are the time slot and the protective symbol appropriate?
- Does the advertising and commercial communication contain direct direction at children?
The Constitutional Background
Art. 41 of the Constitution: the State takes measures protecting children against all kinds of abuse and violence (Added paragraph: 7/5/2010-5982/4). Art. 26/2, in turn, treats the protection of the reputation or rights and the private and family life of others as a ground of limitation.
We cover the detail in the Art. 41 guide.
Summary
Three statutes operate at the same time when producing content involving children: Law No. 1117 establishes the harmful publications regime for printed works, Art. 21 of Law No. 5187 the non-disclosure of the identity of offenders and victims under eighteen, and Art. 8 of Law No. 6112 the time slot and protective symbol regime in broadcasting services. The copy delivery obligation, meanwhile, applies to every issue independently of content.