The basic statute of broadcasting in Turkey is Law No. 6112 of 15/2/2011 on the Establishment of Radio and Television Enterprises and Their Broadcasting Services. This guide takes the Law article by article: scope, the twenty-four broadcasting principles, commercial communication, licensing, transmission, sanctions and the Supreme Council.

The Skeleton of the Law

SectionArticlesSubject
OpeningArts. 1-3Purpose, scope, definitions
General principlesArts. 4-7Retransmission, the language of broadcast, independence, extraordinary periods
Broadcasting service principlesArt. 8Twenty-four subparagraphs + the child protection paragraphs
Commercial communicationArts. 9-13General principles, advertising, certain products, sponsorship, product placement
Broadcasting servicesArts. 14-18General/thematic, European works, short reporting, public access, the right of reply
Establishment and obligationsArts. 19-25Shareholding, transfer, the logo, the viewer representative, the news unit, the protective symbol, recordings
Frequency and licensingArts. 26-27Planning, the ranking tender, licence types
Transmission and authorisationArts. 28-29/AMultiplex, platform, infrastructure, the internet
The election periodArts. 30-31Election broadcasts, political advertising
SanctionsArts. 32-33Administrative and criminal sanctions
The Supreme CouncilArts. 34-43Establishment, members, duties, prohibitions, revenues, organisation
Miscellaneous provisionsArts. 44-50The Information and Communication Technologies Authority, TRT, liability, notification, repealed provisions

1. The Framework of the Law

Article 6/1: there may be no prior interference with the content and broadcasting of broadcasting services and the content of broadcasts may not be supervised in advance. That is the broadcasting counterpart of the prohibition of censorship in Art. 28/1 of the Constitution.

2. The Broadcasting Service Principles - Art. 8

3. Child Protection

Art. 8/2: programmes 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.

4. Commercial Communication

5. Broadcasting Services and Obligations

6. Establishment, Licensing and Transmission

RuleValueArticle
Type of companyA joint stock company - exclusively for broadcasting purposesArt. 19/1-a
What one company may provideOne radio, one television, one on-demandArt. 19/1-a
Organisations with a terrestrial licence in which one may be a partnerAt most fourArt. 19/1-d
Total commercial communication revenueMay not exceed 30% of the sector'sArt. 19/1-d
Direct foreign capitalMay not exceed 50% of the paid-up capitalArt. 19/1-f
Licence durationTen yearsArt. 27/2
Transfer of a terrestrial licenceMay not be transferredArt. 27/3
Going on airWithin two years at the latestArt. 26/5

7. The Election Period

8. Sanctions

9. The Supreme Council

Art. 34/1: the Supreme Council is an impartial public legal person with administrative and financial autonomy; it consists of nine members and the members are elected by the plenary of the Grand National Assembly. The term of office is six years; one third of the members is renewed every two years.

10. TRT and Liability

The Constitutional Ground

The last sentence of Art. 26/1 of the Constitution: this provision does not preclude making transmissions by radio, television, cinema or similar means subject to a system of permission. Art. 133/1: establishing and operating radio and television stations is free within the framework of the conditions to be regulated by law. Art. 133/2 provides that RTUK consists of nine members and that the members are elected by the plenary of the Grand National Assembly.

We cover the detail in the constitutional guide and the Art. 133 guide.

Other Main Guides

GuideScope
rtuk-and-broadcasting-questionsThe practice-focused question-and-answer guide to the same field
trt-legislation-law-no-2954-turkeyBroadcasting principles, the right of reply, liability, the banderole
the-constitutional-basis-of-press-freedom-in-turkeyArts. 13, 22, 25-32, 41, 90, 133 and 148 of the Constitution
harmful-publications-and-child-protection-in-turkeyLaw No. 1117, the Board, the stamp, sealed sale, reporting on children
turkish-press-card-guideCard types, conditions, commission, quotas, cancellation
journalist-employment-rights-turkeyThe Law No. 5953 regime: contract, wages, leave, notice and severance
starting-a-media-outlet-in-turkeyDeclaration, imprint, responsible editor, delivery, archive, licensing
legal-limits-of-news-reporting-turkeyIdentity, innocence, recordings, accuracy, the right of reply
the-turkish-directorate-of-communications-organisation-and-powersPresidential Decree No. 14, the service units, 19 regional directorates, CIMER
working-as-a-foreign-journalist-in-turkeyWork permits, residence, card types, the letter of introduction, customs