The subparagraph prohibiting discrimination differs from subparagraph (b) in listing its criteria open-endedly.
The Full Text of the Subparagraph
Art. 8/1-e - May not contain or encourage broadcasts discriminating and humiliating individuals on grounds such as race, colour, language, religion, nationality, sex, disability, political and philosophical thought and sect.
The Criteria Listed
| Race | Nationality | Political thought |
| Colour | Sex | Philosophical thought |
| Language | Disability | Sect |
| Religion | and the like | - |
The 2013 Amendment
Two Acts
- Containing or encouraging broadcasts that discriminate
- Containing or encouraging broadcasts that humiliate individuals
The Sanction Tier
Subparagraph (e) is not in the heavy list in Art. 32/1; Art. 32/2 applies.
| 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 of the same breach / a second repetition | Suspension of five to ten days / revocation of the licence |
Its Difference from Subparagraph (b)
| (b) | (e) | |
|---|---|---|
| Act | Incitement to hatred and hostility; creating feelings of hatred | Discrimination and humiliating individuals |
| List of criteria | Closed - seven criteria | Open-ended - "and the like" |
| Sanction | Art. 32/1 heavy + the strictest repetition regime | Art. 32/2 |
We cover subparagraph (b) in the incitement guide.
The Other Provisions Concerning Disabled People
- Art. 8/1-ğ: may not contain exploitation of children, the vulnerable and the disabled and may not encourage violence.
- The commercial communication principles in Art. 9: disability and age are separately listed among the criteria of discrimination.
- Art. 32/4: the problems of disabled people are among the subjects of public benefit programmes to be broadcast in place of a suspended programme.
The Constitutional Ground
Art. 10 of the Constitution governs equality before the law. Art. 26/2 lists among the grounds of limitation the protection of the reputation or rights of others.
Summary
Subparagraph 8/1-e of Law No. 6112 prohibits broadcasts discriminating and humiliating individuals on the grounds listed and the like. The list of criteria is open-ended. In 2013, by Law No. 6462, the wording used for disability was changed. Its sanction is the tier in Art. 32/2.