A principle of a single sentence but of wide scope. Read together with the other subparagraphs of the Law it forms the backbone of reporting.
The Full Text of the Subparagraph
Art. 8/1-c - May not be contrary to the principle of the rule of law, justice and impartiality.
Three Concepts
| Concept | Its counterpart in broadcasting |
|---|---|
| The rule of law | The broadcast not being of a nature eroding the rules of law and the judicial order |
| Justice | The presentation of the parties and the subjects with fairness |
| Impartiality | Not positioning oneself in favour of a particular side |
The Sanction Tier
Subparagraph (c) is not in the heavy list in Art. 32/1. Art. 32/2 therefore applies:
| Stage | Result |
|---|---|
| Breach | An administrative fine of 1-3% of the gross commercial communication revenue of the preceding month |
| Lower limit | One thousand lira for radio; ten thousand lira for television and on-demand |
| 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 |
Together with the Neighbouring Subparagraphs
Subparagraph (c) remains abstract on its own; the Law gives concrete form to impartiality in other subparagraphs:
| Subpara. | The concrete rule |
|---|---|
| ı | To take as a basis the principles of impartiality, truth and accuracy; not to broadcast news capable of investigation without being sure of its accuracy |
| i | The presumption of innocence - no one may be declared guilty unless their guilt has become final by a judicial decision; may not be of a nature affecting the judicial process and its impartiality |
| k | May not be of a one-sided or partisan nature in relation to political parties and democratic groups |
| j | May not contain elements serving improper interests and leading to unfair competition |
We cover those in the accuracy guide, the presumption of innocence guide and the political broadcasting guide.
Its Connection with Art. 6/3
Article 6/3: media service providers are obliged to ensure that broadcasting services are not used in the improper interests of themselves, of shareholders and of blood and affinal relatives up to and including the third degree, or of any other natural or legal person.
We cover the detail in the independence guide.
The Counterpart at TRT
Art. 5/k of Law No. 2954: to adhere, in the gathering, selection and broadcasting of news, to the principles of impartiality, accuracy and promptness and to contemporary reporting techniques and methods. Art. 5/m: not to make one-sided, partisan broadcasts.
The Constitutional Ground
Art. 133/3 of the Constitution: the autonomy of the public broadcasting institution and of the news agencies aided by public legal persons, and the impartiality of their broadcasts, are fundamental. Art. 2, in turn, lists the principle of the rule of law among the characteristics of the Republic.
Summary
Subparagraph 8/1-c of Law No. 6112 provides that broadcasting services may not be contrary to the principle of the rule of law, justice and impartiality. The principle takes concrete form in subparagraphs (ı), (i), (j) and (k). Its sanction is the tier in Art. 32/2: 1-3% of the gross commercial communication revenue; where there are more than twenty breaches in a year the broadcast is suspended for up to five days.