The subparagraph that establishes balance in broadcasts with political content. It also applies outside an election period.
The Full Text of the Subparagraph
Art. 8/1-k - May not be of a one-sided or partisan nature in relation to political parties and democratic groups.
Two Concepts
| Concept | Scope |
|---|---|
| Political parties | Political parties established under the laws |
| Democratic groups | Not defined; broad enough to cover organised democratic formations other than political parties |
The Sanction Tier
| 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 / a second repetition | Suspension of five to ten days / revocation of the licence |
The Election Period Is Governed Separately
Article 30 (broadcasts during an election period) and Article 31 (political advertising) bring rules specific to the election period. Art. 8/1-k, by contrast, is a general principle valid at all times.
We cover the detail in the election period guide and the political advertising guide.
Its Relationship with Subparagraph (c)
Art. 8/1-c: broadcasting services may not be contrary to the principle of the rule of law, justice and impartiality. Subparagraph (k) is that general principle given concrete form as regards political content.
We cover the detail in the impartiality guide.
A Comparison with the TRT Regime
We cover the detail in the political statements guide.
The Constitutional Ground
Art. 31/2 of the Constitution: the law may not impose restrictions preventing the public from receiving news, from reaching thoughts and opinions and from the free formation of public opinion through those facilities, save on the grounds of national security, public order, public morals and the protection of health.
We cover the detail in the Art. 31 guide.
Summary
Subparagraph 8/1-k of Law No. 6112 prohibits broadcasting services from being of a one-sided or partisan nature in relation to political parties and democratic groups. The prohibition is not limited to the election period; rules specific to the election period are separately governed in Arts. 30 and 31. Its sanction is the tier in Art. 32/2.