The strongest guarantee the Law gives the broadcaster is in the first paragraph of Article 6 - and the same article imposes four separate obligations in return.
The Guarantee - Art. 6/1
There may be no prior interference with the content and broadcasting of broadcasting services and the content of broadcasts may not be supervised in advance.
What Is Not Deemed Interference - Art. 6/2
So the prohibition in the first paragraph does not cover regulation and supervision resting on legislation. RTUK's regulations and principle decisions rest on that paragraph.
Four Obligations
| Para. | Obligation |
|---|---|
| 3 | To ensure that broadcasting services are not used in the improper interests of themselves, of shareholders and of blood and affinal relatives up to and including the third degree, or of any other natural or legal person |
| 4 | To be responsible for the content and presentation of all broadcasting services broadcast, including commercial communication and those produced by third parties |
| 5 | To notify to the Supreme Council and publish on their website the imprint, contact and address details and the registered electronic mail address, and the name and contact details of the viewer representative |
| 6 | Not to broadcast cinematographic works outside the period agreed with the rights holder |
The Weight of the Fourth Paragraph
The Third Paragraph: The Ban on Improper Benefit
The paragraph, in listing in whose interest a broadcasting service may not be used, states the degree of kinship expressly: blood and affinal relatives up to and including the third degree.
The same prohibition also appears among the broadcasting service principles - Art. 8/1-j: broadcasting services may not contain elements serving improper interests and leading to unfair competition.
The Fifth Paragraph: Transparency
(Amended: Decree-Law No. 690; Enacted as it stood: No. 7077) The information to be notified and published on the website: the imprint, contact and address details, the registered electronic mail address, and the name and contact details of the viewer representative.
We cover the viewer representative obligation in the viewer representative guide.
The Principle Is the Same in Extraordinary Periods
Art. 7/1: in times of crisis brought about by extraordinary situations such as wars, attacks for terrorist purposes, natural disasters and the like, freedom of expression and of obtaining information is likewise fundamental, and broadcasting services may not be supervised in advance and, subject to judicial decisions, may not be stopped.
We cover the detail in the emergencies guide and the national security guide.
Summary
Art. 6 of Law No. 6112 prohibits prior interference with the content and broadcasting of broadcasting services and the prior supervision of content. In return it imposes four obligations on the media service provider: not to use the broadcast for improper interests, to be responsible for all content and presentation, to notify and publish the imprint and viewer representative details, and not to broadcast cinematographic works outside the agreed period.