That subparagraph governs programme content; the advertising of the same substances is in a separate provision. The two should not be confused.
The Full Text of the Subparagraph
Art. 8/1-h - May not be of a nature encouraging the use of addictive substances such as alcohol, tobacco products and drugs, or gambling.
Scope
| Subject | Scope |
|---|---|
| Addictive substances | Alcohol, tobacco products, drugs - the word "such as" makes the list illustrative |
| Gambling | Encouraging gambling |
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 |
Advertising Is Governed Separately
The commercial communication of the same substances is separately governed under Art. 11 (commercial communication of certain products). Programme content and advertising are subject to different regimes.
We cover the detail in the alcohol and tobacco advertising guide.
The Principles of Commercial Communication - Art. 9
Art. 9 lists the general principles with which commercial communication must comply. Among them is not encouraging conduct harmful to health, the environment and safety.
We cover the detail in the commercial communication guide.
The Neighbouring Provisions
- Art. 8/1-ö: may not contain competitions or lotteries by means of information and communication devices; prizes may not be given to listeners and viewers.
- Art. 8/4: prizes and rewards may not be promised under names such as competition, draw or lottery, using numbers subject to a special charge, in a way misleading viewers and listeners and/or giving rise to improper gain.
- Art. 8/1-l: may not encourage conduct that will harm public health and the protection of the environment and of animals.
We cover the prohibition on competitions and prizes in the competitions guide and the prohibitions in Art. 8/4 in the health claims guide.
Art. 8/4 Is a Separate Heavy Tier
The Counterpart at TRT
Art. 5/h of Law No. 2954: not to give place to matters that will harm the physical and mental health of society.
Summary
Subparagraph 8/1-h of Law No. 6112 prohibits broadcasting services from being of a nature encouraging the use of addictive substances such as alcohol, tobacco products and drugs, or gambling. That subparagraph concerns programme content; the advertising of the same substances is separately governed in Art. 11. Its sanction is the heavy tier in Art. 32/1.