The subparagraph protecting unprotected groups. It is in the heavy category as regards sanction.
The Full Text of the Subparagraph
Art. 8/1-ğ - May not contain exploitation of children, the vulnerable and the disabled and may not encourage violence.
The Three Groups Protected
- Children
- The vulnerable
- Disabled people
Two Acts
| Act | Scope |
|---|---|
| Containing exploitation | Against the three groups listed |
| Encouraging violence | The subparagraph lists violence as a separate act |
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 |
The Other Layers of Child Protection
| Provision | Content |
|---|---|
| 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 |
| Art. 8/3 | On-demand broadcasting service providers are obliged to ensure that such services are presented in a way children will not, under normal conditions, hear or see |
| Art. 9 | Commercial communication may not direct children to buy by exploiting their inexperience or credulity; may not directly encourage them to persuade their parents; may not exploit the trust they feel; may not without reason show children in dangerous situations |
| Art. 24 | The protective symbol system |
We cover those in the watershed guide, the on-demand guide and the protective symbols guide.
The Protection of Identity
Law No. 6112 contains no separate subparagraph on concealing the identity of a child; but Art. 8/1-ç (human dignity and the privacy of private life) and Art. 8/1-i (the presumption of innocence) cover that field. As regards printed publications and internet news sites, Art. 21 of Press Law No. 5187 lays down an express prohibition: no publication may be made that will disclose the identity of, or lead to the recognition of, offenders or victims of an offence who are under eighteen years of age.
We cover the detail in the reporting on children guide.
The Constitutional Ground
Art. 41 of the Constitution (Added paragraph: 7/5/2010-5982/4): the State takes measures protecting children against all kinds of abuse and violence.
Summary
Subparagraph 8/1-ğ of Law No. 6112 prohibits broadcasting services from containing exploitation of children, the vulnerable and the disabled and from encouraging violence. Its sanction is the heavy tier in Art. 32/1. Child protection is further layered by the provisions in Arts. 8/2, 8/3, 9 and 24.