The third of the three heaviest subparagraphs as regards sanction. In 2017 both this subparagraph was amended and a new subparagraph on the same subject was added.
The Full Text of the Subparagraph
Art. 8/1-d - May not praise or encourage terrorism, may not present terrorist organisations as strong or justified, and may not be of a nature reflecting the intimidating and frightening characteristics of terrorist organisations.
Four Separate Acts
- Praising terrorism
- Encouraging terrorism
- Presenting terrorist organisations as strong or justified
- Reflecting the intimidating and frightening characteristics of terrorist organisations
Subparagraph (t) Added in 2017
Art. 8/1-t (Added: 2/1/2017-Decree-Law No. 680/18; Enacted as it stood: 1/2/2018-7072/17) - May not present a terrorist act, its perpetrators and its victims in a way that will produce results serving the aims of terrorism.
| Subparagraph (d) | Subparagraph (t) | |
|---|---|---|
| Focus | The assessment about terrorism and the terrorist organisation | The manner of presenting the terrorist act, its perpetrator and its victim |
| Criterion | Praise, encouragement, presenting as strong/justified, reflecting intimidation | Producing results serving the aims of terrorism |
| Sanction | Art. 32/1 heavy + the strictest repetition regime in Art. 32/5 | Art. 32/1 heavy |
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 |
The Case Combined with a Publication Ban - Art. 7/4
(Added: 2/1/2017-Decree-Law No. 680/17; Enacted as it stood: 1/2/2018-7072/16) Where a broadcast is made contrary to the broadcast bans and restrictions imposed under this article and under Press Law No. 5187, the broadcasting of the programmes is suspended for one day by the Supreme Council.
| Stage | Result |
|---|---|
| A first contravention | The broadcast is suspended for one day |
| Repetition within one year | Suspension of up to five days |
| A second repetition | Suspension of up to fifteen days |
| A third repetition | Revocation of the broadcasting licence |
A Side Effect of the Administrative Measure - Art. 32/4
In addition, in place of the suspended programmes, programmes on subjects of public benefit provided by the Supreme Council are broadcast in the same broadcast slot and without containing commercial communication broadcasts (Art. 32/4).
The Constitutional Ground
Art. 26/2 of the Constitution lists among the grounds of limitation national security, public order, public safety and the prevention of offences. Art. 28/5 provides for responsibility as regards news and writings of a nature inciting the commission of an offence or an uprising or rebellion.
Summary
Subparagraph 8/1-d of Law No. 6112 prohibits broadcasting services from praising and encouraging terrorism, presenting terrorist organisations as strong or justified and reflecting the intimidating and frightening characteristics of organisations. Subparagraph (t), added in 2017, separately prohibits presenting a terrorist act, its perpetrators and its victims in a way serving the aims of terrorism. Subparagraph (d) is subject to the strictest repetition regime in Art. 32/5.