The first subparagraph of the list of broadcasting service principles, and one of the three subparagraphs in the heaviest category as regards sanction.
The Full Text of the Subparagraph
Art. 8/1-a - May not be contrary to the existence and independence of the State of the Republic of Turkey, to the indivisible integrity of the State with its territory and nation, or to Atatürk's principles and reforms.
Three Separate Objects of Protection
- The existence and independence of the State
- The indivisible integrity of the State with its territory and nation
- Atatürk's principles and reforms
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 Constitutional Ground
Art. 26/2 of the Constitution lists among the grounds for limiting the freedom of expression and dissemination of thought the safeguarding of the indivisible integrity of the State with its territory and nation. That ground was added to the paragraph by Art. 9 of Law No. 4709 of 3/10/2001.
Art. 28/5 of the Constitution contains a parallel provision as regards the press: those who write, have printed, print or give to another any news or writing threatening the internal and external security of the State or its indivisible integrity with its territory and nation are responsible under the provisions of the law relating to those offences.
We cover the grounds of limitation in the grounds guide.
The Art. 13 Filter
We cover the detail in the Art. 13 guide.
The Counterpart at TRT
Art. 5/a of Law No. 2954 lays down a similar principle: to be bound to the letter and spirit of the Constitution; to protect and safeguard the indivisible integrity of the State with its territory and nation, national sovereignty, the Republic, public order, general security and the public interest. Art. 5/b lists rooting Atatürk's principles and reforms.
We cover the TRT regime in the TRT principles guide.
The Decision and the Objection
The Supreme Council is empowered to decide on an administrative fine or an administrative measure (Art. 32/8). Recourse to the courts against 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 (Art. 32/9).
We cover the detail in the objection guide.
Summary
Subparagraph 8/1-a of Law No. 6112 provides that broadcasting services may not be contrary to the existence and independence of the State of the Republic of Turkey, to the indivisible integrity of the State with its territory and nation, or to Atatürk's principles and reforms. Its sanction is the heavy tier in Art. 32/1: 2-5% of the gross commercial communication revenue and suspension of the programme up to five times; on repetition, suspension of the broadcast for up to ten days, and on a second repetition revocation of the licence.