The shortest subparagraph of the Law: three words. But it is in the heavy tier as regards sanction.
The Full Text of the Subparagraph
Art. 8/1-n - May not be obscene.
The Sanction Tier
Subparagraph (n) is in the heavy list in Art. 32/1: (a), (b), (d), (f), (g), (ğ), (h), (n), (ö), (s), (ş) and (t).
| 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 / a second repetition | Suspension of five to ten days / revocation of the licence |
Its Relationship with Child Protection
The prohibition of obscenity is absolute: it cannot be overcome by a time slot or a protective symbol. Art. 8/2, by contrast, establishes a separate regime for content that is not obscene but is unsuitable for children.
| Provision | Rule |
|---|---|
| Art. 8/1-n | May not be obscene - an absolute prohibition |
| Art. 8/2 | Programmes that may harm the 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 | In on-demand broadcasting services such content is presented in a way children will not, under normal conditions, hear or see |
We cover the detail in the watershed guide and the protective symbol guide.
The Counterpart in Printed Publishing
In printed publishing that field is governed by Law No. 1117 on the Protection of Minors from Harmful Publications: a Board decision, the "Harmful to minors" stamp, an opaque envelope and display prohibitions. We cover the detail in the harmful publications guide.
The Constitutional Ground
Art. 28/7 of the Constitution lists the protection of public morals among the grounds of seizure. Art. 31/2 shows public morals among the grounds on which a restriction may be placed on the right of use. Art. 41 gives the State the duty of taking protective measures for children.
The Counterpart at TRT
Art. 5/e of Law No. 2954: to observe the requirements of public morals, national traditions and spiritual values. There is no separate obscenity subparagraph in Law No. 2954; as a media service provider TRT is also subject to Art. 8/1-n of Law No. 6112.
Summary
Subparagraph 8/1-n of Law No. 6112 prohibits broadcasting services from being obscene. The prohibition is absolute: it cannot be overcome by a time slot or a protective symbol. Its sanction is the heavy tier in Art. 32/1 - 2-5% of the gross commercial communication revenue and suspension of the programme up to five times.