A short subparagraph, but read together with the other provisions of the Law it establishes the economic dimension of editorial independence.
The Full Text of the Subparagraph
Art. 8/1-j - May not contain elements serving improper interests and leading to unfair competition.
Together with Art. 6/3
Article 6/3 establishes the same prohibition at the institutional level: media service providers are obliged 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.
Its Relationship with Surreptitious Commercial Communication
Art. 3 of the Law defines surreptitious commercial communication as follows: the presentation, by a media service provider for the purpose of advertising or in a manner capable of directing the public, of the activity, trade mark, name, service and product of a producer of goods or services, in words or pictures within programmes and outside advertising breaks and without an explanatory sound or image indicating that advertising is being done.
We cover all the definitions in the definitions guide and the product placement regime in the product placement guide.
The Sanction Tier
| Stage | Result |
|---|---|
| Breach | 1-3% of the gross commercial communication revenue of the preceding month - Art. 32/2 |
| Lower limit | Radio one thousand lira; television and on-demand ten thousand lira |
| More than twenty breaches in a year | The broadcast is suspended for up to five days - Art. 32/5 |
| Repetition / a second repetition | Suspension of five to ten days / revocation of the licence |
Its Relationship with the Principles of Commercial Communication
Article 9 governs the general principles of commercial communication and lays down the condition of not being misleading and not harming the interests of the consumer. Art. 8/1-j applies to programme content, Art. 9 to commercial communication.
We cover the detail in the commercial communication guide.
The Counterpart at TRT
Art. 5/m of Law No. 2954: not to become an instrument of the interests of a political party, group, interest circle, belief or thought. Art. 26/2 says that matters leading to unfair competition may not be given place in advertising broadcasts.
Summary
Subparagraph 8/1-j of Law No. 6112 prohibits broadcasting services from containing elements serving improper interests and leading to unfair competition. The subparagraph is the institutional obligation in Art. 6/3 turned into a broadcasting principle, and is read together with the definition of surreptitious commercial communication. Its sanction is the tier in Art. 32/2.