One of the most debated subparagraphs in reporting: the line between describing how an offence was committed and teaching its technique.
The Full Text of the Subparagraph
Art. 8/1-g - May not be of a nature praising the commission of an offence, offenders and criminal organisations or teaching criminal techniques.
Two Objects of Prohibition
| Object | Content |
|---|---|
| Praise | Praising the commission of an offence, offenders and criminal organisations |
| Teaching | Being of a nature teaching criminal techniques |
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 Neighbouring Subparagraphs
- (d) The prohibition on praising terrorism and presenting terrorist organisations as strong or justified - a special provision as regards terrorism
- (i) The presumption of innocence - the prohibition on declaring someone guilty
- (ş) May not encourage or normalise violence
- (h) May not be of a nature encouraging gambling
We cover subparagraph (d) in the terrorism guide and subparagraph (i) in the presumption of innocence guide.
The Counterpart in Printed Publishing
Art. 20 of Press Law No. 5187 governs a similar field: those who publish writings and pictures on events of sexual assault, murder and suicide that exceed the limits of giving news and are of a nature that may incite the reader to such acts are punished by a fine.
The Counterpart at TRT
Art. 5/i of Law No. 2954: not to make broadcasts aimed at arousing and inculcating negative feelings such as pessimism, hopelessness, disorder, terror and aggression.
Pre-Broadcast Checks
- Does the presentation set up a frame approving of the offence or the perpetrator?
- Does the narration convey an applicable technique of the offence?
- Are the images and reconstruction necessary for the news value?
- Is the presentation of the perpetrator consistent with the presumption of innocence?
Summary
Subparagraph 8/1-g of Law No. 6112 prohibits broadcasting services from being of a nature praising the commission of an offence, offenders and criminal organisations or teaching criminal techniques. The criterion is the character of the broadcast. Its sanction is the heavy tier in Art. 32/1.