TRT sits at the intersection of two statutes. Its founding statute is Law No. 2954 on Turkish Radio and Television; in addition, certain provisions of Law No. 6112 apply to TRT. But the sanction regime differs from that for private broadcasters.
Which provisions of Law No. 6112 apply to TRT
Article 45/1: “The broadcasting principles set out in Article 8 and the provisions of this Law regulating commercial communication in broadcasting services shall also apply to the broadcasts of the Turkish Radio and Television Corporation.”
In addition Article 24/3 contains a separate application clause for the protective symbol article: “This article shall also apply to the Turkish Radio and Television Corporation.”
| Provision of Law No. 6112 | Applies to TRT? | Basis |
|---|---|---|
| Art. 8 broadcasting principles | Yes | Art. 45/1 |
| Provisions on commercial communication (Arts. 9–13) | Yes | Art. 45/1 |
| Art. 24 protective symbol system | Yes | Art. 24/3 |
| Art. 32 administrative fines and measures | No — a special regime applies | Art. 45/2 |
The difference: warning and notification, not a fine
Article 45/2 creates a distinct outcome for TRT: “Where the said obligation is not fulfilled, the Turkish Radio and Television Corporation shall be warned by the Supreme Council, with the nature of the breach expressly stated, and the fulfilment of the requirement shall be notified to the relevant Ministry.”
So when TRT breaches a rule, RTUK does not proceed to a fine calculated on gross commercial communication revenue, or to programme suspension. Two steps are taken: a warning in which the nature of the breach is expressly stated, and notification to the relevant Ministry.
The general broadcasting principles in Law No. 2954
Article 5 of Law No. 2954 contains a separate list of general broadcasting principles for TRT. Among them:
- Being loyal to the letter and spirit of the Constitution; protecting the indivisible integrity of the state with its territory and nation, national sovereignty, the Republic, public order, general security and the public interest (sub-para. a)
- Entrenching the principles and reforms of Atatürk (sub-para. b)
- Complying with the requirements of the state’s national security policy and its national and economic interests (sub-para. c)
- Observing the requirements of general morals, national traditions and spiritual values (sub-para. e)
- Complying with the basic views, aims and principles of Turkish national education (sub-para. f)
- Using a readily understandable, correct, clean and beautiful Turkish (sub-para. g)
- Not including matters harmful to the physical and mental health of society (sub-para. h)
During elections, private broadcasters become subject to Law No. 2954
There is an interesting point of intersection. Under Article 55/A of Law No. 298, from the commencement date of the elections until the close of polling day, private radio and television undertakings are subject, in the broadcasts they make, to Articles 5, 20, 22 and 23 of Law No. 2954 and to the second paragraph of Article 31.
During an election period, therefore, provisions normally written only for TRT become operative for private broadcasters too.
TRT’s right of reply regime is separate
The right of correction and reply in respect of TRT broadcasts is exercised not under Article 18 of Law No. 6112 but under Article 27 of Law No. 2954, and the periods are much shorter: seven days to request, three days to broadcast. The two regimes are separate as to both time limits and forum.
TRT revenues and the bandrol levy
TRT’s financial regime is governed by Law No. 3093 on the Revenues of the Turkish Radio and Television Corporation. Under Article 2 the Corporation’s revenues include charges collected on radio, television, video and combined devices; contributions from the general budget; and revenues from all kinds of announcements and advertising made by radio and television, together with operating revenues. The bandrol obligation is regulated in Articles 3 and 4 of Law No. 3093.
The levy is covered in the bandrol guide and the right of reply in the TRT reply guide.