The most direct broadcasting provision on hate speech. It is one of the three heaviest subparagraphs as regards sanction.
The Full Text of the Subparagraph
Art. 8/1-b - May not incite society to hatred and hostility, or create feelings of hatred in society, by making distinctions of race, language, religion, sex, class, region and sect.
Seven Criteria of Distinction
| Criterion | |
|---|---|
| Race | Religion |
| Language | Class |
| Sex | Region |
| Sect | - |
Two Separate Acts
- Inciting society to hatred and hostility
- Creating feelings of hatred in society
The Sanction Tier
| Stage | Result |
|---|---|
| A first breach | An administrative fine of 2-5% of the gross commercial communication revenue of the preceding month + suspension of the programme up to five times |
| Repetition within one year | Suspension of the organisation's broadcast for up to ten days |
| A second repetition | Revocation of the broadcasting licence |
Its Difference from Subparagraph (e)
| Subparagraph (b) | Subparagraph (e) | |
|---|---|---|
| Act | Incitement to hatred and hostility, creating feelings of hatred | Discriminating and humiliating individuals |
| Criteria | Race, language, religion, sex, class, region, sect | Race, colour, language, religion, nationality, sex, disability, political and philosophical thought, sect and the like |
| Sanction tier | Art. 32/1 - heavy | Art. 32/2 - 1-3% |
We cover subparagraph (e) in the discrimination guide.
The Constitutional Ground
Art. 10 of the Constitution governs equality before the law. Art. 26/2, in turn, lists among the grounds of limitation public order, public safety and the protection of the reputation or rights of others.
Art. 5/d of Law No. 2954 lays down a parallel principle for TRT: not to give place to the propaganda of regimes and ideologies aiming to create discrimination on grounds of language, race, religion and sect, or to establish an order of State based on those concepts.
The Counterpart on the Press Side
Pre-Broadcast Checks
- Does the presentation target a group through a criterion of distinction?
- Is the language used of a nature that will create a feeling of hatred?
- The statements of guests are also your responsibility under Art. 6/4 - including commercial communication and material produced by third parties.
- Do you have a mechanism for intervening and correcting in a live broadcast?
We cover live broadcast liability in the live broadcast guide.
Summary
Subparagraph 8/1-b of Law No. 6112 prohibits broadcasting services from inciting society to hatred and hostility, or creating feelings of hatred in society, by making distinctions of race, language, religion, sex, class, region and sect. Its sanction is the heavy tier in Art. 32/1 and on repetition goes as far as suspension of the broadcast and revocation of the licence.