The duties and powers of the Supreme Council are listed in Art. 37 as a long list of subparagraphs. This article divides the list into functional groups.
The First Duty: Freedom and Pluralism - (a)
To take the necessary measures for the purpose of guaranteeing, in the field of broadcasting services, freedom of expression and of obtaining information, diversity of thought, and - without prejudice to the duties and powers of the Competition Authority - a competitive environment and pluralism, of preventing concentration and of protecting the public interest.
Monitoring and Supervision
| Subpara. | Duty |
|---|---|
| e | To monitor and supervise the broadcasting services of media service providers established in the territory of the Republic of Turkey as regards their conformity with this Law and with the international agreements |
| f | To oversee the conformity of media service providers not established in Turkey but under the jurisdiction of the Republic of Turkey; to cooperate where necessary with the competent institutions and organisations of other states |
| g | To establish the monitoring and recording systems necessary for monitoring and supervision, where necessary by placing devices in the studios of broadcasting organisations as well |
| h | To apply the necessary sanctions where a contravention of this Law and of the other relevant legislation is established in broadcasting services and transmission services, or where the conditions of the licence are not complied with |
The Other Duties
- (ğ) To determine the procedures and principles relating to the protective symbol system to which media service providers will give place in their broadcasting services
- (ı) To carry out or have carried out public opinion research on broadcasting services
We cover the protective symbol system in the protective symbols guide.
The Power of Sanction
Art. 32/8: the Supreme Council is empowered to decide on an administrative fine or an administrative measure under the provisions of this Law. The same paragraph also allows some flexibility: the Supreme Council may, having regard to the gravity of the breach, the existence of improper economic gain and of repetition and the administrative sanctions applied in the last five years, warn the organisation instead of applying an administrative fine, once only for each breach in the second paragraph.
We cover the sanction tiers in the fine calculation guide.
Objecting to Decisions
Art. 32/9: recourse to the courts against administrative sanction decisions is had under the provisions of Administrative Procedure Law No. 2577; but an action in the administrative court is brought within fifteen days of the date of notification of the act, and the bringing of an annulment action does not stop the implementation of the decision.
We cover the detail in the objection guide.
Summary
Among the duties of the Supreme Council, first in order, is guaranteeing freedom of expression and of obtaining information, diversity of thought, a competitive environment and pluralism and preventing concentration. The Supreme Council also makes frequency plans, gives broadcasting licences and transmission authorisations, supervises and revokes them where necessary, determines the fees, monitors and supervises broadcasts and applies sanctions in the event of a contravention.