Law No. 6112 does not define a “children’s hour” and does not list prohibited genres. Instead it sets an effects test: under Article 8/2, “programmes containing content that may harm the physical, mental or moral development of children and young people” cannot be broadcast during time slots when they may watch them. The test is not the genre but the possibility of harm.
Three areas of harm
| Area | Statutory wording | Typical example |
|---|---|---|
| Physical | may harm physical development | Dangerous behaviour capable of imitation |
| Mental | may harm mental development | Intense elements of fear and horror |
| Moral | may harm moral development | Sexual content or violence unsuitable for the age group |
These areas are not independent of the general broadcasting principles in Article 8/1. Broadcasting that encourages or normalises violence falls under Article 8/1(ş); exploitation of children and encouragement of violence under 8/1(ğ); obscenity under 8/1(n); encouragement of addictive substances and gambling under 8/1(h). One piece of content can breach both Article 8/2 and one of these sub-paragraphs.
A symbol does not lift the ban
The amended text is explicit: the prohibition applies “even if a protective symbol is used”. The change made by Decree Law 690 was enacted as it stood by Law No. 7077. Since then it has not been possible to broadcast at an unsuitable hour by adding an age icon.
Separate bans on the advertising side
Protecting the children’s band is not limited to programme content. The Law sets special rules for commercial communication too.
| Rule | Content | Basis |
|---|---|---|
| Advertising interruptions | Children’s programmes may be interrupted by advertising or teleshopping once for each thirty minutes of scheduled duration, and only where that duration exceeds thirty minutes | Art. 10/7 |
| Product placement | Not permitted in children’s programmes | Art. 13/4 |
| General frame | Product placement is in any event possible only in films made for cinema and television, series, and sports and general entertainment programmes | Art. 13/1 |
| Commercial communication principle | May not contain exploitation of, or encourage violence against, children and the weak | Art. 8/1(ğ) |
The test changes for on-demand services
Because there is no clock in on-demand services, the Law imposes a different duty. Under Article 8/3 providers must ensure that services capable of adversely affecting the physical, mental or moral development of children and young people are offered in such a way that those persons “would not normally hear or see” them.
Article 8/4: bans that are not confined to the children’s band
Added in 2017, Article 8/4 is not limited to children’s viewing hours but bears directly on the child audience. Radio and television broadcasting services may not include:
- Programmes of the kind in which persons are introduced to and/or brought together with one another for the purpose of finding friends
- The sale, marketing and/or advertising of any product with a health claim contrary to its own legislation, including food supplements and similar supporting products
- Promotion of chat, friendship and matchmaking lines and services
- Promises of prizes and rewards under the name of competitions, draws, lotteries and the like, made using premium-rate electronic communication service numbers, local call numbers and other numbers subject to special charges, in a way that misleads viewers and listeners and/or leads to unjust gain, and product promotion, sale and marketing by that method
A breach of Article 8/4 sits in the grave group under Article 32/1: two to five per cent of gross commercial communication revenue and suspension of the programme up to five times. Further, under Article 32/5 a repetition within one year leads to suspension of broadcasting for up to ten days and a second repetition to licence revocation.
The role of the symbol is covered in the protective symbol guide and advertising limits in the advertising time guide.