TRT has its own statute - Law No. 2954. So does Law No. 6112 also apply to TRT? The answer is in Article 45.
The Subject of the Article - Art. 45
Article 45, headed the obligation of the Turkish Radio-Television Corporation, governs TRT's position under this Law. As a media service provider TRT is subject to the broadcasting service principles and the commercial communication provisions of the Law.
The Two Statutes Side by Side
| Issue | Law No. 2954 (the TRT Law) | Law No. 6112 (the RTUK Law) |
|---|---|---|
| Broadcasting principles | Art. 5 - thirteen subparagraphs | Art. 8/1 - twenty-four subparagraphs |
| Reply and correction | Art. 27 - the periods day by day; objection to the Ankara Magistrates' Criminal Judgeship | Art. 18 + the principle in Art. 8/1-o |
| Liability | Art. 28 - the action is against the Corporation; a 60-day limitation period | Arts. 6/4 and 46 |
| Retention of recordings | Art. 29 - 75 days | Art. 25 |
| Advertising | Art. 26 | Arts. 9-13 - a detailed commercial communication regime |
| Child protection | Art. 5/h, general | Arts. 8/2, /3 + Art. 24 the protective symbol |
| Frequency | Art. 4/f - Wireless Law No. 2813 | Art. 26 - planning by the Supreme Council |
Frequency and Capacity - Art. 26/2
Law No. 6112 establishes a special allocation regime for TRT: TRT notifies the Supreme Council of the number and coverage areas of its terrestrial broadcasting services; the extent to which the requests will be met is decided by the Supreme Council within the framework of the frequency plans.
| Rule | Content |
|---|---|
| Minimum allocation | Capacity of not less than one multiplex for terrestrial digital broadcasts |
| Minimum use | At least four terrestrial television and four terrestrial radio broadcasts with what is allocated |
| If not used | A channel, frequency and multiplex not used, or whose use is ended, within two years is reassessed |
| Other public institutions | No channel, frequency or multiplex is allocated to public institutions other than TRT |
We cover the detail in the frequency planning guide.
The Fee Obligation
Service to Public Institutions
Art. 26/3: requests by public institutions and organisations for a terrestrial broadcast for the purpose of warning, announcement and education are met by obtaining a service from TRT within the framework of a protocol to be made. TRT takes no fee from those whose own statutes contain a provision that they may broadcast.
The Constitutional Ground
Art. 133/3 of the Constitution: the autonomy of the sole radio and television institution established by the State as a public legal person, and of the news agencies aided by public legal persons, and the impartiality of their broadcasts, are fundamental.
Its Reflection on the Disciplinary Side
Art. 56/B of Law No. 2954 lists among the acts requiring the penalty of dismissal: deliberately making, or causing to be made, a broadcast contrary to the general broadcasting principles or the broadcasting service principles. The same article also lists, for the penalty of a deduction from salary, the deletion before its period of content that must be kept under that Law and under Law No. 6112.
We cover the detail in the discipline guide.
Summary
While TRT is subject to its own statute, Law No. 2954, as a media service provider it is also subject to the broadcasting service principles and the commercial communication provisions of Law No. 6112; its obligation is governed in Art. 45. Frequency and multiplex allocation is made by the Supreme Council; at least one multiplex is allocated to TRT and at least four television and four radio broadcasts are made with it. TRT also pays the annual use fee.