The Law No.007/2014 on the Establishment of Radio and Television Enterprises

and Their Media Services

CHAPTER ONE

Purpose, Scope and Definitions

 Purpose

ARTICLE 1 – (1) The purpose of this Law is to regulate and supervise radio and television broadcasting services and on-demand media services; to ensure the freedom of expression and information; to determine the procedures and principles in relation to the administrative, financial and technical structures and obligations of media service providers and the establishment, organization, duties, competences and responsibilities of the Radio and Television Supreme Council. 

Scope

ARTICLE 2 – (1) This law shall apply to the matters relating to radio and television broadcasting services and on-demand media services under the jurisdiction of the African Union; transmitted by any and all techniques, methods or means and by electromagnetic waves or other means under any denotation. The media service providers under the jurisdiction of the Republic of Turkey are those established in Turkey in accordance with the second paragraph and those to whom the provisions of the third paragraph will be applied.

(2) For the implementation of this Law;

a) A media service provider shall be deemed to have been established in Africa in case the service provider has its head office in Africa and the editorial decisions pertaining to its media services are taken within the boundaries of Turkey.

b) If a media service provider has its head office in Addis Ababa and Jhonsberg but the editorial decisions on its media services are taken in another country which is party to the European Convention on Transfrontier Television or the editorial decisions on its media services are taken in Turkey but its head office is in another country which is party to the Convention, it shall be deemed to have been established in the country where a significant part of the workforce involved in the pursuit of the media service activity operates. However,

1) If a significant part of the workforce involved in the pursuit of the media service activity operates in each of those countries but in cases where a significant part of the workforce could not be determined the media service provider shall be deemed to have been established in the country where it has its head office.

2) In cases where a significant part of the workforce involved in pursuit of the media service activity operates in neither of those countries, the media service provider shall be deemed to have been established in Turkey in case it has initially begun its activity in Turkey and it has maintained a stable and effective link with the economy of Africa .

c) If a media service provider has its head office in Turkey but its editorial decisions pertaining to the media service activity are taken in a country which is not party to the Convention or if editorial decisions on media services are taken in Turkey, but its head office is in a third country which is not party to the Convention, the media service provider shall be deemed to have been established in Turkey in case a significant part of the workforce involved in the pursuit of the media service activity operates in Turkey.

(3) In case the provisions of the second paragraph are not applicable,

a) The media service providers which are using a satellite up-link situated in the territories of Africa,

b) The media service providers which are using satellite capacity appertaining to Turkey although they do not use a satellite up-link situated in the territories of Africa,

shall be deemed to be under the jurisdiction of African Union.

 Definitions

ARTICLE 3 – (1) For the implementation of this Law;

a) ‘Infrastructure operator’ means the organization operating the infrastructure for the transmission of media services.

b) ‘Analogue broadcast’ means the broadcasting services via cable, satellite, terrestrial and any other similar networks by using an analogue modulation technique.

c) ‘European works’ means the audio-visual works produced or co-produced by real or legal persons established in the States party to the European Convention on Transfrontier Television and in the Member States of the European Union.

ç) ‘Independent producer’ means the real or legal persons who have the right to produce and disseminate programmes freely; who are not the registered employees of the media service providers; and who have the rights stated under the Law No.006 on the Intellectual and Artistic Works dated 2000 upon the programmes they have produced, except for the limited timeframe that they have granted to the media service providers.

d) ‘President’ means the President of the Radio and Television Supreme Council.

e) ‘Regional broadcast’ means the broadcasting services transmitted to the minimum seventy percent of the total population of the provinces in a geographical region  and to the provinces in a geographical region determined by the Supreme Council.

f) ‘Editorial responsibility’ means having the authority to regulate and control the content and the selection of the programmes and their organization either in a chronological broadcasting schedule in the case of radio and television broadcasting services; or in a catalogue in the case of on-demand media services.

g) ‘Surreptitious commercial communication’ means the representation of the activity, the trade mark, the name, the service and the product of a producer of goods or a provider of services in words or pictures within programmes outside of commercial breaks without any explanatory sound or image by the media service provider intended to serve as advertising or possibly to mislead the public.

ğ) ‘Transmission’ means the initial provision of media services.

h) ‘On-demand media service’ means the media service provided for the viewing or listening of programmes at the moment chosen by the user and at his/her individual request on the basis of a catalogue of programmes selected by the media service provider.

ı) ‘Cable network’ means the medium in which media services are transmitted to the subscribers via all kinds of cable infrastructure.

i) ‘Terrestrial network’ means the medium in which media services transmitted to the receivers via terrestrial transmitter systems.

j) ‘Protective symbol’ means the common symbols used by media service providers in order to inform viewers about the content of the media service. 

k) ‘Logo/call sign’ means an audio announcement or a graphical description of a title of the service or letters or words of this title designed in a block, which media service providers have to register with the Supreme Council and relevant institutions.

l) ‘Media service provider’ means the legal person who has editorial responsibility for the choice of the content of the radio, television broadcasting and on-demand media services and determines the manner in which it is organized and broadcast.

m) ‘Multiplex’ means the method of combining multiple terrestrial media services in a way that they fit into one or more signals.

n) ‘Multiplex operator’ means the enterprise which ensures the transmission, by combining more than one media service to be provided via terrestrial network in a way they fit into one or more than one signal, between media service providers and the infrastructure operator or between the transmitter systems and operator companies.

o) ‘Multiplex capacity’ means the capacity allocated for the transmission of a digital broadcast through the multiplex used for terrestrial television or radio broadcasts on VHF, UHF or FM frequency bands.  

ö) ‘Major events’ means sport and cultural events as being of major importance for the society on an exclusive basis, to be broadcast live or deferred due to the objective reasons, nationwide free and through unencrypted television channels.

p) ‘Platform Operator’ means an enterprise which transforms multiple media services into one or multiple signals and provides the transmission of them, through satellite, cable and similar networks either in an encoded and/or unencoded mode in a way accessible directly by the viewers.  

r) ‘Programme’ means a set of audio and/or visual items constituting an individual item in a broadcasting schedule or a catalogue organised by a media service provider.

s)  ‘Sponsorship’ means any contribution made by real or legal persons not engaged in providing media services or in the production of audio-visual works, to the preparation of programmes  for the purpose of promoting  their name, trade mark, logo, image, activities or products.

ş) ‘Radio and television advertisement’ means any form of announcement broadcast or any broadcast for self-promotional purposes whether in return for payment or for similar consideration by real and legal person in connection with a trade, business, craft or profession in order to promote the supply of goods or services, including immovable property, rights and obligations, to advance a cause or idea, or to bring about any other effect.

t) ‘Radio broadcasting service’ means audio and data broadcast made through terrestrial, cable, satellite and other networks and that does not contain any individual communication service.

u) ‘Digital broadcast’ means the media services transmitted via cable, satellite, terrestrial and similar networks by using digital encoding and modulation techniques.

ü) ‘Teleshopping’ means direct offers broadcast to the public with a view to the supply of goods or services, including immovable property, rights and obligations, in return for payment.

v) ‘Television broadcasting service’ means an audio-visual media service, encrypted or unencrypted, provided by a media service provider for simultaneous viewing of programmes on the basis of a broadcasting schedule.

y) ‘Thematic broadcast’ means the broadcast in which at least seventy percent of the daily broadcasting time is reserved for only a certain type of theme such as news, documentary, education, economy, culture, history, sport, music, movie, serial, marketing or similar ones; or the broadcast reserved for the programmes targeting at a specific viewer segment other than general viewers.

z) ‘Commercial communication’ means the presentation of the images with or without sound which are designed to promote, directly or indirectly, the goods, services or image of a real or legal person pursuing an economic activity in return for payment or for similar consideration or of the images which accompany with or are included in a programme for self-promotional purposes including radio and television advertising, sponsorship, teleshopping, and product placement.

aa) ‘National broadcast’ means the media services transmitted via terrestrial networks to at least seventy percent of the national  population and to the residential areas determined by the Supreme Council.

bb) ‘Satellite network’  means the medium in which a media service is transmitted via satellite capacity to  receivers.

cc) ‘Product placement’ means any form of commercial communication consisting of the inclusion of or a reference to a product, a service or a trade mark so that it is featured within a programme, in return for a payment or for a similar consideration.

çç) ‘Supreme Council’  means the Radio and Television Supreme Council.

dd) ‘Transmitter installation and operating company’ means the enterprise installing and operating the facilities required for the transmission of the broadcasts of media service providers having the licence of terrestrial broadcasting via terrestrial transmitter stations.

ee) ‘Broadcaster’ means a media service provider of a television and/or a radio broadcasting service.

ff) ‘Media service’ means the television broadcasting services, on-demand media services, as well as commercial communication and radio broadcasting services, with the exception of individual communication services, under the editorial responsibility of a media service provider and the principal purpose of which are the provision of programmes in order to inform, entertain or educate, to the general public by electronic communications networks.

gg) ‘Media service transmission infrastructure’ means the systems and facilities used for the transmission of media services via terrestrial, cable, satellite and similar networks.

ğğ) ‘Authorization for the transmission of a media service’ means the authorization certificate issued by the Supreme Council to multiplex, platform, infrastructure operators and transmitter installation and operating company for enabling the transmission of their radio and television broadcasting services and on-demand media services.

hh) ‘Broadcasting licence’ means the certificate of permission issued separately for each broadcasting type, technique and network by the Supreme Council to media service providers on the condition that they meet the provisions stated in this Law and by-laws and other regulations prepared in accordance with this Law in order to allow them to broadcast using any kind of technology via cable, satellite, terrestrial and similar networks.

ıı) ‘Broadcasting network’ means cable, satellite, terrestrial and similar transmission environments.

ii) ‘Retransmission’ means, irrespective of the technical means employed, receiving, completely or major parts of a media service provided by a media service provider and transmitting simultaneously without any change.

jj) ‘Local broadcast’ means the broadcasting service that is transmitted via terrestrial network  into the territories of one province at most.

CHAPTER TWO

General Principles

 Retransmission

ARTICLE 4- (1) Reception and retransmission of media services shall be free. Retransmission can only be restricted in accordance with the relevant provisions of the international treaties to which the African Union is party.

(2) A media service provider’s simultaneous transmission of the same media service via different networks such as satellite, cable and terrestrial without making any changes shall not be considered as retransmission.

(3) Without prejudice to the provisions of the Law No 0006 on the Intellectual and Artistic Works, the procedures and principles in relation to retransmission shall be regulated by the Supreme Council by means of a by-law.

Language of media services

ARTICLE 5- (1) Media services shall be essentially provided in Turkish. However, media services in languages and dialects other than Turkish may also be provided. The broadcasts must be provided in conformity with the rules of the language selected. The procedures and principles pertaining to those broadcasts shall be determined by the Supreme Council by means of a by-law.

 The independence and liability of the media service provider

ARTICLE 6 – (1) The content and transmission of the media services shall not be subject to a prior intervention and the content of the media services shall not be supervised in advance.

(2) The provisions of this Law and other laws and international legislation to which Turkey is party and regulatory actions issued by the Supreme Council in relation to the implementation of these provisions shall not be deemed as an intervention.

(3) Media service providers shall be obliged to ensure that media services shall not be exercised in a manner that serves to the unfair interests of themselves, shareholders and their relatives by blood or by marriage up to and including those of third degree or of any other real or legal persons.

(4) Media service providers shall be liable for the content and the presentation of all media services broadcast, including commercial communication and those produced by the third parties.

(5) Media service providers shall be obliged to notify their identification details, contact addresses, names and contact details of the viewer’s representative to the Supreme Council and to make them available on their web sites under the framework of the procedures and the principles stipulated in the by-law.

(6) Media service providers shall not broadcast cinematographic works outside the periods agreed on with the right holders.

 Media services during the periods of state of emergency

ARTICLE 7- (1) In times of crises resulting from war, terrorist attacks, natural disasters and similar state of emergencies, freedom of expression and information is fundamental and media services shall not be subject to a priori control and shall not be suspended without prejudice to judicial decisions. However, in cases that national security explicitly necessitates or a strong possibility that public order will be seriously distorted, the Prime Minister or the minister to be designated by the Prime Minister can impose a temporary broadcasting ban.

(2) Media service provider is obliged to broadcast the announcements of the President of Turkey or the Government concerning the requirements of the national security, public order, public health and morality, until 23:30 on the day of the arrival of such an announcement.

(3) Any annulment suit to be filed against the decisions taken pursuant paragraphs one and two shall be directly brought before the Council of State. The Council of State shall hear these suits and render its decisions with priority and decide on the stay of execution requests within forty-eight hours.

CHAPTER THREE

Principles for Media Services

Principles for Media Services

ARTICLE 8 – (1) Media service providers shall provide their media services in accordance with the principles under this paragraph with an understanding of the responsibility towards public.

Media services;

a) shall not be contrary to the existence and independence of the State of the Republic of Turkey, the indivisible integrity of the State with its territory and nation, the principles and reforms of Atatürk.

b) shall not incite the society to hatred and hostility by making discrimination on  the grounds of race, language, religion, sex, class, region and sect or shall not constitute  feelings of hatred in the society.

c) shall not be contrary to the rule of law, the principle of  justice and impartiality.

ç) shall not be contrary to human dignity and the principle of respect to privacy, shall not include disgracing, degrading or defamatory expressions against persons or organizations beyond the limits of criticism.

d) (Amended: 02/01/2017 – 680/18 Ar.) shall not glorify and encourage  terror; shall not display terrorist organizations as powerful or justified and shall not portray terrifying and deterrent features of terrorist organizations. 

e) shall not include or promote broadcasts which make discrimination on the basis of race, colour, language, religion, nationality, sex, disablement, political and philosophical opinion, sect and any such considerations and degrade individuals.[1]

f) shall not be contrary to the national and moral values of the society, general morality and the principle of protection of family.

g) shall not glorify committing a crime, criminals and criminal organizations, shall not be instructive on criminal techniques.

ğ) shall not comprise the abuse of children, weak and disabled people and encourage violence against them.[2]

h) shall not encourage the use of addictive substances such as alcohol, tobacco products and narcotics or  the gambling.

ı) shall be predicated on the principles of impartiality, truthfulness and accuracy  and shall not impede the free formation of opinions within the society; the news that can be  investigated within the framework of journalistic code of ethics shall not be broadcast without having been investigated and assured of its accuracy; in news reporting, exaggerated audio and images, any effects and music other than the natural sounds shall be avoided; the qualification of the images as an archive or a re-enactment or the source of the news obtained from the news agencies and other media sources shall be specified.

i) shall not declare or present anyone as guilty unless conclusively proven by a judicial  decision; shall not be in a way to affect the trial process and its impartiality beyond its newsworthiness during the judgement process in cases that have been passed to the judiciary.

j) shall not contain any elements that serve for unfair interests and lead to unfair competition.

k) shall not be biased towards or favouring political parties and democratic groups.

l) shall not encourage any acts which might jeopardize the general health and protection of environment and animals.

m) shall ensure that the Turkish language is used in a proper, correct and intelligible way without undermining its characteristics and rules; shall not display coarse, slang and poor quality use of the language.

n) shall not be obscene.

o) shall respect the right of reply and rectification of the individuals or institutions.

ö) shall not contain any competition and lottery through the info-communications means, no prizes shall be awarded to listeners or viewers or shall not act as an intermediary for awarding prizes.

p) Surveys and public opinion polls which are conducted or commissioned by the media service provider shall be exercised in the presence of the notary from their preparatory stage until the announcement of the results.

r) shall not exploit individuals  by way of fortune-telling and superstitions.

s) shall not contain any programmes against the gender equality, encouraging the oppression over and exploitation of  women.

ş) shall not incite violence or lead to desensitization.

t) shall not present the act of terrorism, its perpetrators and victims  in a way that might lead to the results serving to the aims of terrorism. (Additional  Sub-paragraph: 02.01.2017-680/18 Ar.)

(2) In radio and television broadcasting services, the programmes, which might impair the physical, mental or moral development of minors and young people, shall not be broadcast during the time intervals they are likely to watch and without the presence of a protective symbol.

(3) On-demand media service providers shall ensure that media services, which are likely to impair the physical, mental or moral development of minors and young people, are only made available in such a way that they will not normally hear or see such services.

CHAPTER FOUR

Commercial Communication in Media   Services

 General Principles

ARTICLE 9 – (1) Commercial communication shall be clearly distinguishable by optical and acoustic means from the other items of the media service.  

(2) Subliminal techniques shall not be used in commercial communications.

(3) Surreptitious commercial communication shall not be allowed.

(4) Commercial communication shall not feature, visually and/or orally, persons regularly presenting news bulletins and news programmes. 

(5) Commercial communication shall not be used in a way to affect the editorial independence of the media service provider and the programme content.  

(6) Without prejudice to the principles and standards stipulated in Article 8, commercial communication;

a) shall be in conformity with the principles of fairness, equity and honesty,

b) shall not include or encourage any discrimination based on sex, race, colour or ethnic origin, nationality, religion, philosophical belief or political opinion, disablement, age and any other issues,

c) shall not be misleading and shall not harm the interests of consumers,

ç) shall not impair physical, mental or moral development of children; shall not directly exhort children to buy or hire a product or service by exploiting their inexperience or credulity; shall not directly encourage them to persuade their parents or others to purchase the goods or services being advertised; shall not exploit their trust in their parents, teachers or other persons, or unreasonably show children in dangerous situations,

d) shall not  exploit women,

e) shall not encourage any behaviour prejudicial to health, environment or safety.

(7) Commercial communication of foods and beverages containing nutrients and substances that are not recommended to be excessively consumed in the overall diet shall not be inserted in or accompanied with the children’s programmes.

(8) The volume levels of the commercial communication broadcasts shall be at the same level as that of the other parts of the broadcasts.

Advertising and teleshopping in television and radio broadcasting services

ARTICLE 10 – (1) In television and radio broadcasting services, advertisements and teleshopping shall be arranged in a way that they will be clearly recognisable by optical and/or acoustic means and evidently distinguishable from the other elements of the programme service.

(2) The proportion of all advertising spots, other than teleshopping spots, within a given clock hour shall not exceed twenty percent.  

(3) The duration devoted to sponsorship, promotion of the broadcaster’s own programmes and product placement shall not be included in the proportion stipulated in the second paragraph. The proportion of programme promotions within a given clock hour shall not exceed five percent.

(4) Irrespective of the proportion stipulated in the second paragraph, teleshopping windows shall be broadcast uninterruptedly at a minimum duration of 15 minutes provided they are clearly identified by optical and acoustic means. The duration of this broadcast shall not exceed one hour in total per day. 

(5) Public service announcements which are broadcast free of charge and recommended by the Supreme Council shall not be included in the advertising duration.

(6) Advertising and teleshopping spots may be inserted between programmes or during a programme in such a way that the integrity and value of the programme and the rights of the right holders are not prejudiced. In programmes consisting of autonomous parts or in sports programmes or similarly structured events and performances comprising intervals, advertising and teleshopping spots shall only be inserted between the parts or in the intervals.

(7) The cinematographic works, films made for television, news bulletins and children’s programmes, provided that their scheduled broadcasting duration is more than thirty minutes, may be interrupted by an advertisement and teleshopping once for each scheduled period of thirty minutes.

(8)Advertising and teleshopping spots shall be, by no means, inserted during the broadcast of religious service programmes.

(9) The provisions under this article shall not be applicable to television and radio broadcasting services devoted exclusively to advertising, teleshopping and self-promotion.  

(10) Other issues in relation to the application of this Article shall be regulated by the by-law adopted by the Supreme Council.

Commercial communication of particular products

ARTICLE 11 – (1) Commercial communication for alcohol and tobacco products shall not be allowed under any circumstances.  

(2) Commercial communication for medicinal products and medical treatments available only on prescription shall not be allowed.

(3) Advertisements for the medicinal products and medical treatments which are not subject to prescription shall be prepared within the principle of honesty and in such a manner that they will comprise elements reflecting the truth and being subject to verification.

4) Teleshopping for medicinal products and medical treatments shall not be allowed.

Sponsorship

ARTICLE 12 – (1) If a programme is sponsored wholly or partially, it shall clearly be identified by appropriate statements at the beginning and end of the programme and before and after the advertisement breaks within the programme. The programme sponsors shall not be referenced during the promotion of the programmes.

(2) In sponsored programmes, any reference to goods and services of a sponsor or of a third party shall not be allowed, and their purchase, sale and rental shall not be promoted.

(3) Programmes shall not be sponsored by real or legal persons dealing with the manufacture or sale of products and services whose commercial communication are prohibited. In case of the sponsorship of programmes by undertakings whose activities include the manufacture, marketing or sale of medicinal products and the marketing and presenting medical treatments, the name, trade mark, logo or the image of the real and legal persons may be used in sponsorship but the medicinal products or medical treatments produced and sold by the real and legal persons available only on prescription shall not be promoted. 

(4) Sponsorship of news bulletins, and religious service broadcasts shall not be allowed.

(5) Sponsorship shall not be allowed to influence the editorial independence and responsibility of the media service provider. Rental or sale of goods and services of sponsors shall not be directly promoted during the identification of sponsorship at the beginning and end of the programme and before and after the advertising breaks within the programme and the goods and services shall not be given undue prominence.

Product placement

ARTICLE 13 – (1) Product placement applications shall not be allowed in broadcasts, except for the cinematographic works, films made for television, series, sports programmes and light entertainment programmes. Product placement applications shall be subject to the regulations pertaining to commercial communication.

(2) Product placement shall be allowed where the provision of certain goods or services is included in a programme free of charge under the conditions determined by the Supreme Council.

(3) Product placement shall not be allowed in a way to influence the editorial independence and responsibility of the media service provider. Product placement shall not directly promote the purchase or rental of goods or services, and shall not give undue prominence to the product. Viewers shall be clearly informed of the existence of product placement at the beginning and end of the programme and at the end of advertising break within the programme.

(4) Product placements shall not be allowed in news bulletins, children’s programmes and religious programmes.  

(5) The products whose commercial communication is prohibited shall not be allowed to be used in product placement applications.  

CHAPTER FIVE

Media Service Content

 Generalist and thematic broadcast

ARTICLE 14- (1) In media services, broadcasts with generalist or thematic content can be made. Whilst applying for a broadcasting licence, media service providers shall submit a written notification to the Supreme Council about their type of broadcast. The type of the broadcast shall be clearly stated in the broadcasting licence document to be granted to these enterprises by the Supreme Council.

(2) Broadcasting services shall be made in accordance with the specified type and language informed to the Supreme Council.  Upon request, the type of broadcast might be changed with the permission of the Supreme Council. Conditions in relation to the change of broadcast type shall be determined by the Supreme Council. Any enterprise which broadcasts contrary to the type specified in its licence shall be deemed to have violated the terms of the broadcasting licence.

(3) In case generalist and thematic television enterprises, provide animated cartoons in children’s programmes, at least twenty percent of the animated cartoons and at least forty percent of the other children’s programmes shall be the productions made in Turkish language and reflecting the Turkish culture. Statistical data on the broadcasting hours and durations of children’s programmes and details about the place of production shall be reported to the Supreme Council in monthly schedules.

(4) Radio and television enterprises shall provide Turkish folk music and Turkish art music in their broadcasts at specified percentages and hours. The principles regarding the percentages and broadcasting hours of these programmes shall be determined by the Supreme Council.

European works

ARTICLE 15 – (1) Television broadcasters having national terrestrial broadcasting licence shall; 

a) reserve at least fifty percent of their transmission time for European works,  excluding the time allotted to news, sports events, games, advertising, teleshopping and related data broadcasts,

b) reserve at least ten percent of their transmission time or alternately of their programming budget for European works produced by the independent  producers, excluding the time allotted to news, sports events, games, advertising, teleshopping and related data broadcasts. 

2) The procedures and principles which will encourage on-demand media service providers to support the production of and access to the European works shall be determined by the Supreme Council.

Right of short extracts 

ARTICLE 16 – (1) Television broadcasters who have exclusive broadcasting rights on the events of major importance for the public shall provide short extracts to other broadcasters in return for remuneration on a fair, reasonable and non-discriminatory basis within the framework of the Law No. 5846 on Intellectual and Artistic Works. 

(2) Other television broadcasters seeking access to the events with exclusive broadcasting rights shall be granted the right to freely choose short extracts.

(3) Short extracts shall, provided that their sources are stated, be solely used for general news programmes in a way not to exceed ninety seconds and may be used in on-demand media services only if the same programme is offered on a deferred basis by the same media service provider.

(4) The procedures and principles enforcing this Article shall be determined by the by-law to be issued by the Supreme Council.

Access of the public to events of major importance

ARTICLE 17 – (1) The Supreme Council shall draw up and announce a list of major events by collecting the opinions of relevant bodies with a view to ensure the broadcast of the national and international events as being of major importance for society live or deferred on nationwide free and unencrypted television channels. The list of major events could be updated by the Supreme Council by following the same procedure.

(2) Television broadcasters that will broadcast major events shall ensure the nationwide broadcasting of the listed major events as free and unencrypted.

(3) Meanwhile, television broadcasters shall not enjoy their exclusive rights of major events which are included in the list of another state party to the European Convention Transfrontier Television in a way that a substantial proportion of the citizens in that state are deprived of watching them.

(4) The procedures and principles regarding the access of the public to major events shall be regulated through the by-law to be issued by the Supreme Council.

Right of rectification and reply

ARTICLE 18- (1) Any real or legal persons whose honour or reputation have been infringed by a broadcast or in case of incorrect facts about them in a broadcast shall send the rectification and reply statement to the media service provider within sixty days from the date of the broadcast, provided that it is not contrary to the legally protected interests of third parties and does not contain any offensive element. Media service providers shall broadcast the statement of rectification and reply, without making any amendment and insertion, within a maximum seven days after the receipt of the statement, at the same time and in the same programme subject to the rectification and reply in a way that could be easily followed and clearly understood by viewers. If the programme leading to the right of rectification and reply is suspended or discontinued, the right of rectification and reply shall be exercised within a period of seven days, at the broadcast time of the concerned programme. In the rectification and reply, the programme causing it shall be specified.

(2) If the rectification and reply is not broadcast within the given duration stated at the first paragraph; if its broadcast is contrary to first paragraph provisions, the person concerned may apply to the court within ten days for a decision for exercising the right of rectification and reply in compliance with the provisions of the first paragraph respectively by the expiration of the period specified or after the date of broadcast of the right of rectification and reply. The competent court is the Criminal Courts of Peace in the location where applicant resides; in case that the applicant resides abroad, it is the Criminal Courts of Peace in Ankara.

(3) The judge of the Criminal Court of Peace shall adjudicate the request in three days without a hearing. The decision may be appealed before the competent Criminal Court of First Instance within seven days after the notification. The Criminal Court of First Instance shall review the appeal within three working days and make a final decision.

(4) In the event that the judge decides the broadcast of the rectification and reply, the period of seven days stated in the first paragraph shall start from the date of finalization of the decision if the decision of the judge of the Criminal Court of Peace is not appealed; the period shall start from the date of notification of the decision of Criminal Court of First Instance if it is appealed.

(5) If the person with the right of rectification and reply dies before exercising such a right, this right can be used by one of his/her inheritors. In this situation, thirty days shall be added to the remaining period for the right of rectification and reply, provided that the demise has occurred within the period of sixty days of the right of rectification and reply.

(6) The programme producer and media service provider are jointly and successively responsible for the financial and moral damages arising from broadcasting services that infringe the personal rights of real or legal persons.

(7) The person concerned may directly request the exercise of the right of rectification and reply specified under the first paragraph from the Criminal Court of Peace within the same periods.

CHAPTER SIX

Private Media Service Providers

Establishment and proportion of shares

ARTICLE 19 (1) Private media service providers must comply with the following provisions regarding the structure of companies and proportion of shares:

a) A broadcasting licence shall be granted to the incorporations established in accordance with the provisions of the Turkish Commercial Law for the purpose of exclusively providing radio broadcasting service, television broadcasting service and on-demand media service. The same company might provide only one radio broadcasting service, one television broadcasting service and one on-demand media service. Media service providers shall not insert any provisions contrary to the principles stipulated in this article into their main contracts after the broadcasting licence has been granted. Main contract amendments shall be reported to the Supreme Council within one month.

b) Political parties, unions, professional associations, co-operatives, associations, societies, foundations, local administrations and companies established by them or of which they are direct or indirect shareholders, stock broker companies and real or legal persons who are direct or indirect shareholders of these companies shall not be granted broadcasting licence. These establishments shall not directly or indirectly be shareholder of the media service providers.

c) The shares of the media service providers should be registered on the name of the owners. Redeemed shares shall not be issued in favour of anybody.

ç) Media service providers could issue and offer the capital market instruments to the public under the framework of the Capital Market Law No.2499 dated 28/07/1981 and its relevant legislation. In this case, as stipulated by the legislation, consent of the Supreme Council must be obtained before registration with the Capital Market Board. Shares issued to the public do not need to be registered.

d) A real or legal person can be a partner directly or indirectly to maximum four media service providers holding terrestrial broadcasting licences. However, in case of partnership to more than one media service provider, annual total commercial communication revenue of those media service providers in which a real or legal person has direct or indirect shares, shall not exceed thirty percent of the total commercial communication revenue of the sector. The real or legal persons whose total commercial communication revenue exceeds this rate, shall transfer their shares in media service providers in a way that it will be reduced down to the aforesaid rate within a time limit of ninety days of the Supreme Council. For any real or legal person who has not fulfilled the decision of the Supreme Council within the given time limit, the Supreme Council shall impose an administrative fine of four hundred thousand Turkish Liras for the each month of not acting accordingly. The procedures and principles for the implementation of this sub-paragraph shall be determined by the Supreme Council.

e) For real persons, shares which belong to the spouses, relatives by blood and by marriage up to and including those of third degree shall be deemed to be appertaining to the same person.

f) The total direct foreign capital share in a media service provider shall not exceed fifty percent of the paid-in capital. A foreign real or legal person can directly become a partner of maximum two media service providers. If foreign real or legal persons hold shares in companies that are shareholders of media service providers and become indirect partner of the broadcasters, the chair, the deputy chair and the majority of the Board of Executives and the general director of the broadcasting enterprises have to be the citizens of the Republic of Turkey, and the majority of the votes in the general assemblies of broadcasting enterprises should belong to the real or legal persons having the Turkish citizenship. In main contracts of such corporations, the arrangements ensuring these provisions shall be stated clearly.

g) Domestic or foreign shareholders shall by no means own preference shares.

Transfer of shares and company and merger

ARTICLE 20 – (1) The transfer of the shares of an incorporation to which a broadcasting licence has been granted, shall be notified to the Supreme Council within thirty days from the transfer date together with the information about names and surnames of the shareholders, shareholding structure and vote proportions subsequent to the transfer of shares.

(2) Before the transfer of a company or a merger, it is obligatory to obtain permission from the Supreme Council with the necessary information and documents and to notify the Supreme Council within thirty days after the realization of the transfer or merger process.

(3) If any contravention of the provisions stipulated in this Law exist in the incorporation structure which occur as a result of the transfer of shares and company and merger, such contravention shall be remedied within a period not exceeding ninety days to be announced by the Supreme Council. Otherwise, the broadcasting licence of the related media service provider shall be revoked.

(4) In mergers, acquisitions and transfer of registered shares, provisions of the Article 19 of this Law, Capital Market Law No. 2499 and relevant legislation provisions, as well as the  provisions of Law No. 4054 on The Protection of Competition dated 07/12/1994 are reserved.

Logo and call-sign

ARTICLE 21– (1) On the condition of complying with the relevant legislation and not being contradictory to the public order and morality, any kind of names and the block graphics depicting those names can be used as logo; audio announcements can be used as call-sign. Logos and call-signs shall have to be registered with the Supreme Council. Media service providers might change their logos and call-signs upon the consent of the Supreme Council.

(2) Media service providers are liable to use only one single logo and call-sign during their broadcasting period including their test broadcasts. For the television broadcasting service providers, it is essential to use an altered logo during the broadcast of advertisements and not to distort the basic characteristics of their block graphics.

(3) The procedures and principles for the implementation of this article shall be determined through the by-law to be issued by the Supreme Council.

Viewer representative

ARTICLE 22 – (1) Media service providers shall assign a viewer representative who has at least ten years of professional experience in order to establish co-regulation and self-regulation mechanisms, to submit the evaluations on the complaints obtained from viewers and listeners to the Editorial Board of the company and to follow up the conclusions. The assigned viewer representative shall be announced to the public by appropriate means and notified to the Supreme Council.

Personnel in news units

ARTICLE 23 – (1) The Supreme Council shall determine the minimum number of press-card holder personnel working in the news units of the media service providers. These personnel are subject to the Law No. 5953 dated 13/06/1952 on the Regulation of Professional Relationships between Employers and Employees in the Press.

Protective symbol system

ARTICLE 24- (1) Media service providers shall inform the viewers about the content of programme services through sound (acoustic/audio) or written announcement by using protective symbol system.

2) The procedures and principles concerning the protective symbol system shall be determined by the Supreme Council.

3) This provision shall also be applied to the Turkish Radio-Television Corporation (TRT).

Preservation of broadcast recordings

ARTICLE 25- (1) Private media service providers are obliged to retain the recordings of each broadcast for one year. Real or legal persons can obtain a copy of these recordings for themselves within this period, upon a written application to the Supreme Council and payment of the fee to be determined by the Supreme Council.

(2) If requested by the Supreme Council, private media service providers are obliged to supply a copy of the requested broadcast record to the Supreme Council within ten days following the reception of the request notification.

(3) In case the broadcast becomes the subject of an investigation or a prosecution, it is obligatory that the record of the broadcast subject to the investigation or prosecution shall be retained until a written notification of the competent authorities is sent to the media service provider in question  stating that the process has been concluded.

CHAPTER SEVEN

Frequency Planning and Broadcasting Licence

 Frequency planning and allocation

ARTICLE 26 – (1) The Supreme Council shall make or commission the planning of television channel and radio frequency, within the framework of frequency bands allocated to the Supreme Council for terrestrial radio and television broadcasts in the national frequency plan in accordance with the Article 36 of the Electronic Communications Law No.5809 dated 05/11/2008. The numbers and types of national, regional and local terrestrial broadcasting networks and number of multiplexes for digital broadcasts shall be determined in the frequency plans. 

(2) Turkish Radio-Television Corporation shall notify the Supreme Council regarding the numbers and coverage areas of its media services which it will transmit through terrestrial network. The Supreme Council shall decide to what extent these demands will be met in accordance with the frequency plans. The channels and frequencies found as appropriate for terrestrial television and terrestrial radio broadcasts and at least one multiplex capacity found as appropriate for digital terrestrial broadcasting shall be allocated to Turkish Radio-Television Corporation. At least four terrestrial television broadcasts and four terrestrial radio broadcasts shall be transmitted through the frequencies and multiplex capacity allocated to Turkish Radio-Television Corporation. The channels, the frequencies and the multiplex capacities not used within two years from the allocation date or suspended, shall be re-evaluated by the Supreme Council. If additional terrestrial broadcast requirement for Turkish Radio-Television Corporation arises after the allocation, this shall be evaluated within the limits of the capacity in terms of the above framework.

(3) If public bodies and institutions request to make a terrestrial radio and television broadcast for the purposes of education, making warnings and announcements; these requests shall be met by receiving services from the Turkish Radio-Television Corporation within the framework of a protocol.   Turkish Radio-Television Corporation shall not charge any fee from the public bodies and institutions whose laws include a provision allowing them to make radio and television broadcasts on the date of entry of this Law into force. Except for the Turkish Radio-Television Corporation, no channel, frequency or multiplex capacity shall be allocated to any public bodies and institutions.

(4) Media service providers shall participate in the ranking tender on the condition that they have been established as radio and television broadcasting incorporations; have conducted operations in the radio and television broadcasting sector for at least one year; have fulfilled the preconditions laid down in the tender specifications and have been granted a certificate of competency by the Supreme Council to attend the tender.

(5) Radio frequency or multiplex capacity shall be allocated to media service providers in accordance with the result of the ranking tender to be held on the basis of frequency plans for terrestrial radio broadcasts. Multiplex capacity shall be allocated to the media service providers in accordance with the result of the ranking tender to be held on the basis of digital television frequency plan. The coverage area of the broadcasting service to be provided, the broadcast type and the multiplex in which the capacity will be located, shall be stated in the allocation. The enterprises holding terrestrial broadcasting licences shall launch their broadcasts within two years at the latest on all of the allocated channels, frequencies or multiplex capacity.

(6) An annual usage fee shall be collected from public and private media service providers in return for the channels, multiplex capacity and radio frequencies allocated for radio and television broadcast service to be transmitted through terrestrial network. The annual usage fee of the relevant broadcasting service shall be determined by the Supreme Council in accordance with the objective criteria such as population-based coverage area, the type, transmitter power; the band in which the frequency in located and the economic development level of the settlements to which broadcast is transmitted.

(7) Radio or television broadcasting services to be provided through terrestrial network by media service providers granted terrestrial broadcasting licences following the allocation of multiplex capacity shall be transmitted by the multiplex operator. Media service providers in the same multiplex shall transmit their broadcasts with an agreement thereupon through a multiplex operator.

(8) Private media service providers shall conduct their broadcasts to be transmitted through television channels, multiplex capacity and radio frequencies that are allocated to them by the Supreme Council from the radio and television transmitter premises established and operated by a single transmitter installation and operating company. The conditions for the transmitter installation and operating company which is jointly established by the enterprises holding national terrestrial broadcasting licences shall be specified by the Supreme Council and the broadcast transmission authorization shall be granted to a single transmitter installation and operating company fulfilling those conditions. The proportion of the shares of those who will become the partner of this transmitter installation and operating company shall not exceed ten percent. The procedures and principles for using the transmitter premises and annual rental fees shall be put into effect upon the approval of the Supreme Council subsequent to the consultation with the transmitter installation and operating company. Transmitter installation and operating company shall provide services on the basis of neutral, fair, reasonable and non-discriminatory conditions to all enterprises which are granted terrestrial broadcasting licences by the Supreme Council. Radio and television transmitter premises shall be supervised by the Supreme Council if they are operated in accordance with the purposes laid down in this Law and in its operating permit. If the transmitter installation and operating company breaches the permit conditions and the infringement is not remedied despite the warning by the Supreme Council, the company shall be penalised with an administrative fine from one hundred thousand Turkish Liras to three hundred thousand Turkish Liras for the each month of not remedying the violation.

(9) The procedures and principles for the implementation of frequency plans, transition to digital terrestrial broadcasting and ranking tender shall be determined by means of a by-law to be issued by the Supreme Council.

Types, terms and transfer of broadcasting licences

ARTICLE 27 – (1) Media service providers shall apply for a separate licence for each broadcasting technique and network to the Supreme Council in order to be able to broadcast through cable, satellite, terrestrial and similar networks. It shall be clearly indicated in the licence document for which broadcasting technique and network that the licence is granted. Enterprises requesting to make simultaneous broadcast on different networks by different techniques shall apply for separate licences for the each broadcasting technique and network and must provide a simultaneous broadcasting.

(2) The term of the broadcasting licence is ten years. The terrestrial broadcast capacity that becomes idle at the end of the licence term shall again be put out to tender by the Supreme Council.

(3) Any enterprise to which the Supreme Council has granted a terrestrial broadcasting licence cannot transfer its licence rights. The enterprise that decides to cease its broadcasting activity shall return its licence to the Supreme Council.

CHAPTER EIGHT

Transmission of Broadcasts and Authorization

 Multiplex operators

ARTICLE 28 – (1) Without prejudice to the provisions of Law No. 5809 on Electronic Communications and the related legislation, the administrative, financial and technical conditions by which multiplex operators should abide, shall be defined by the Supreme Council and enterprises fulfilling these conditions shall be granted a broadcast transmission authorization. Media service providers also may hold shares in multiplex operating companies.

(2) Multiplex operators can only serve to the enterprises holding a terrestrial broadcasting licence granted by the Supreme Council regarding the transmission of radio, television and on demand media services.

(3) Multiplex operators shall immediately stop the transmission of the broadcasts that have been decided to be suspended by the Supreme Council upon receiving the notification of the Supreme Council’s decision. The broadcast transmission authorization of the multiplex operators continuing to transmit the broadcasts in spite of the notification shall be revoked by the Supreme Council and this case shall be notified to the Information Technologies and Communication Authority.

Platform operators and infrastructure operators providing broadcasting service transmission

ARTICLE 29 – (1) The platform operators providing electronic communication services and the infrastructure operators providing broadcasting service transmission authorized by the Information Technologies and Communication Authority are subject to the provisions of this Law in terms of broadcasting services. The administrative, financial and technical conditions for the transmission activities of broadcasting services shall be specified by the Supreme Council and the enterprises fulfilling these conditions shall be granted broadcast transmission authorization. Platform operators shall offer services to media service providers on basis of neutral, fair, reasonable and non-discriminatory conditions. The service fees that platform operators will charge the media service providers shall be determined by the approval of the Supreme Council.

(2) Platform operators and infrastructure operators providing broadcasting service transmission shall inform the Supreme Council of the broadcasting services that they will transmit.

(3) Platform and infrastructure operators shall stop, following the notification of the Supreme Council’s decision, the transmission of broadcasting services of the media service providers which have not been granted a broadcasting licence by the Supreme Council or whose  broadcasting licences have been revoked and those which are under the jurisdiction of another country but whose broadcasts have been identified by the Supreme Council as violating the international treaties to which Turkey is party and the provisions of this Law. The broadcast transmission authorization of the operator who does not stop the transmission of broadcasting services despite the notification shall be revoked and this case shall be notified to the Information Technologies and Communication Authority.

CHAPTER NINE

Election Period

 Broadcasts during the election period

ARTICLE 30 – (1) During election periods, the procedures and principles relating to the broadcasts about elections shall be regulated by the High Election Board.

(2) The Supreme Council shall monitor, supervise and evaluates broadcasts of the media service providers during the election periods in accordance with the decisions of the High Election Board.

(3) The provisions stipulated under the Article 149/A of the Law No. 298 dated 26/4/1961on the Basic Principles of the Elections and the Electoral Roll, shall be put into force by the Supreme Council following the decisions of the High Election Board.

Political advertisement

ARTICLE 31 – (1) Media service providers may broadcast advertisements of political parties and candidates during the election period to be announced by the High Election Board, until the time the broadcast prohibitions will start.

(2) Political advertisements shall comply with the provisions in this Law and the procedures and principles determined by the High Election Board.

CHAPTER TEN

Sanctions

 Administrative sanctions

ARTICLE 32  (1) Media service providers which violate the broadcasting principles in subparagraphs (a),(b),(d),(g),(n),(s) and (ş) of the first paragraph of Article 8 of this Law shall be penalised, taking into consideration the seriousness of violation as well as the broadcasting network and coverage area, with an administrative fine from two percent up to five percent of total gross commercial communication revenue within the month preceding the month when the violation is identified. The amount of the administrative fine shall not be less than one thousand Turkish Liras for radio enterprises and ten thousand Turkish Liras for television enterprises and on-demand media service providers. Additionally, as an administrative injunction, the broadcast of the programme subjected to the violation shall be decided to be suspended up to five times and as for on demand media services, the programme subjected to the violation shall be removed from the catalogue. By taking into consideration the nature of the violation, an administrative fine together with the administrative injunction may be imposed in accordance with the provisions of this paragraph, or only an administrative fine or an administrative injunction may be imposed.

(2) Media service providers which conduct broadcasts in violation of the principles, obligations or prohibitions stipulated in other subparagraphs of the first paragraph of Article 8, as well as in the second and third paragraphs and other Articles of this Law shall be warned. If the violation is repeated after the notification of the warning to the enterprise concerned, the media service provider shall be penalized with an administrative fine from one percent up to three percent of the total gross commercial communication revenues within the month preceding the month when the violation is identified by taking into consideration the seriousness of violation, broadcasting network and coverage area. The amount of the administrative fine shall not be less than one thousand Turkish Liras for radio enterprises and ten thousand Turkish Liras for television enterprises and on-demand media service providers.

(3) If a violation of an obligation or a prohibition constitutes an offence, without being subject to the condition of conducting an investigation or a prosecution against the parties involved due to the offence, an administrative fine or an administrative injunction shall be imposed in accordance with the provisions of this Article.

(4) In place of the programmes suspended due to the enforcement of an administrative injunction, programmes which are provided by the Supreme Council on education, culture, traffic, women’s and children’s rights, physical and moral development of young people, struggle against drugs and harmful habits, proper use of the Turkish language, education on environment, problems about disadvantaged ones, health and similar subjects useful for the public shall be broadcast during the same broadcasting period and without any commercial communication. If a decision of programme suspension as an administrative injunction is taken because of a violation of a prohibition or an obligation, the producer of the programme or, if there is any, its presenter responsible for committing the act that caused the sanction shall not make or present any other programme under any name in the same or different media service providing enterprise during the suspension period.

(5) If the same violation is repeated within a year following the notification of the sanction decision resulting from the violation of the principles in subparagraphs (a) and (b) of the first paragraph of Article 8, it will be resolved that the broadcast of the media service provider shall be suspended up to ten days; and in case of the second repetition, its broadcasting licence shall be revoked.

(6) If one of the requirements sought under this Law in order to issue a broadcasting licence is lost, the media service provider involved shall be given thirty days to meet such requirement. The broadcasts of the enterprise failing to meet the requirement despite the time granted shall be suspended for three months. If the relevant enterprise does not meet the requirement during the course of this period, its broadcasting licence shall be revoked and its channel and frequency usage shall be ceased.

(7) The broadcasting licence of an enterprise shall be revoked if it is found to have attained the compliance to the required conditions by fraud for being granted a broadcasting licence. The broadcasting licence fee as well as channel and frequency annual usage fee collected from an enterprise whose broadcasting licence has been revoked shall not be refunded.

(8) The Supreme Council is authorized to impose an administrative fine or an administrative injunction in accordance with the provisions of this Law.

(9) Decisions of the administrative sanctions imposed in accordance with the provisions of this Law, can be referred to the judiciary pursuant to the provisions of Administrative Trial Procedure Law No 2577 dated 6/1/1982. However, a lawsuit shall be filed with an administrative court within fifteen days from the notification of action. The fact that a cancellation lawsuit has been initiated before the administrative court shall not stop the execution of the decision.

(10) The warning decisions taken by the Supreme Council in accordance with the provisions of this article shall be notified by sending to the electronic mail addresses that are communicated to the Supreme Council by the media service providers. If the electronic mail address communicated to the Supreme Council has been changed and this change is not communicated to the Supreme Council, the notification to the previous address shall be deemed as served.

(11) The administrative fines regulated in this Law shall be paid within one month from the notification.

Judicial sanctions

ARTICLE 33 (1) Members of the executive board and general director of legal persons and real persons who broadcast without obtaining a broadcasting licence from the Supreme Council or despite the temporary suspension of their broadcasts or revocation of their broadcasting licence shall be penalised with a prison term from one to two years and an judicial fine from one thousand to five thousand days. Additionally, the security precautions under Article 60 of the Turkish Penal Law No. 5237 shall be applied against legal persons. Broadcasting equipment and premises that continue to operate without authorization shall be sealed and closed down by the Supreme Council.

(2) Media service providers having broadcasting licences conduct broadcasts out of the scope of their licence type and install transmitters without permission, shall be warned by the Supreme Council, the provision of the first paragraph shall be enforced against those that continue broadcasting without permission despite the warning.

(3) The private media service provider’s manager in charge who fails to keep recordings of broadcasts for one year in accordance with Article 25 or who fails to submit them within the due period and in compliance with their original recordings despite the request by the Supreme Council or by the Chief Prosecutor’s Office, shall be penalised by a judicial fine from one thousand to five thousand days.

(4) In case the recordings sent are not the requested broadcasts in terms of their content or the recordings are distorted, abstracted, deleted and as such, the private media service provider’s manager in charge shall be penalised by a judicial fine from five thousand to ten thousand days.

(5) The Supreme Council shall take part in the public lawsuits filed pursuant to this Law.

                                                                              CHAPTER ELEVEN

Radio and Television Supreme Council

 Establishment

ARTICLE 34– (1) The Radio and Television Supreme Council is established as an administratively and financially autonomous and impartial public legal person for the purpose of regulating and supervising the sector of radio, television and on demand media services.

(2) The Supreme Council shall independently fulfil and exercise its duties and powers, under its own responsibility given by this Law and the legislation.

(3) The Supreme Council shall freely utilise its allocated financial resources within the framework of procedures and principles stated in this Law and Law No. 5018 on Public Financial Administration and Control to the extent required by its duties and powers within the procedures and principles determined in its budget. Properties of the Supreme Council are regarded as the State property and shall not be attached.

(4) The Supreme Council shall conduct its relations with the Government through the Prime Minister or a Minister designated by the Prime Minister.

(5) The Supreme Council is subject to the supervision of the Turkish Court of Accounts.

Radio and Television Supreme Council

MADDE 35– (1) The Supreme Council shall be composed of nine members elected by the Turkish Grand National Assembly from among the persons who have at least four years of higher education, worked for at least ten years in public bodies and institutions or private enterprises on matters related to their professions and have sufficient professional knowledge and experience as well as qualifications adequate for becoming a civil servant and who are over the age of 30.

(2) For election, nominees twice as many as the number of members to be determined in proportion to the number of members of political party groups shall be nominated and members of the Supreme Council shall be elected in the Plenary Session of the Turkish Grand National Assembly from among these nominees on the basis of the number of members of each political party group. However, political party groups shall not negotiate or decide on whom to vote for in the elections to be held in the Turkish Grand National Assembly.

(3) The election of the Supreme Council members shall be held within ten days after the designation and announcement of the nominees. For the nominees designated by the political party groups, a composite ballot in the form of separate lists shall be prepared. Voting shall be cast by ticking off the specific space across the names of the nominees. The votes which shall be cast more than the number of the members to be elected for the Supreme Council from the political party quotas determined in accordance with paragraph two shall be assumed invalid.

(4) Provided that the quorum is ensured, the nominees who receive the highest number of votes equal to the number of the vacant memberships shall be deemed elected. The result of the election shall be published in the Official Gazette.

(5) The term of the Supreme Council members shall be six years. One third of the members shall be renewed in every two years. In case any vacancy in the memberships occurs two months before the end of the members’ term, an election shall be held within one month from the date of vacancy or, if the date of vacancy coincides with a holiday of the Turkish Grand National Assembly, from the end of the holiday by the same procedure. In these elections, the distribution of the vacant memberships in accordance with the political party groups shall be executed by considering the number of the elected members from the political party groups’ quotas in the first election and the current proportions of the political party groups. The members elected in the elections held due to membership vacancies shall complete the remaining terms of office of the members they have replaced.

President of the Supreme Council and Deputy President

ARTICLE 36- (1) The Supreme Council members shall elect a President and a Deputy President from among its members by holding a meeting within fifteen days from the date of publication of the election results in the Official Gazette. The term of office of the President and Deputy President is two years. The term of the office of the Supreme Council members elected as Deputy President is limited to the President’s term of office. If the membership of the President or Deputy President terminates or the Presidency or Deputy Presidency is vacated for any reason, the Supreme Council shall hold an election for a President and/or Deputy President in its next meeting.

2) The Supreme Council is governed and represented by the President, in case of his/her absence, by the Deputy President. In case of vacancy of Presidency and Deputy Presidency at the same time, the eldest member shall chair the Supreme Council.

3) Duties and powers of the President are as follows:

a) to determine the agenda, date and  time of Supreme Council meetings, to chair the meetings, to take the due actions about applications not included in the agenda and provide information to the Supreme Council about them.

b) to ensure the publication or notification of the Supreme Council’s decisions, to guarantee the execution of these decisions and to follow up their enforcement.

c) to submit the proposals of service units to the Supreme Council by giving them their final form.

ç) to prepare the annual budget and financial tables of the Supreme Council in conformity with the strategies, objectives and targets determined by the Supreme Council.

d) to ensure the highest level of organization and co-ordination of harmonious, efficient, disciplined and orderly functioning of the Supreme Council and service units, to resolve any duty and power problems that may arise between service units.

e) to prepare annual activity reports, to commission an evaluation of the activities according to the objectives and targets, performance criteria and to submit them to the Supreme Council.

f) to conduct studies and evaluations regarding strategies, policies and relevant legislation in the area where  the Supreme Council is engaged in and as well as regarding the Supreme Council and its personnel’s performance criteria.

g) to conduct the relations of the Supreme Council with other institutions and to represent the Supreme Council.

ğ) to appoint Supreme Council personnel other than the ones whose appointments fall under the authority of the  Supreme Council.

h) to draw up the area of duty and power of the staff authorized to sign on behalf of the President.

i) to perform other duties regarding  administrative issues.

4) The President may delegate a part of his/her duties and powers to sub-units on matters not related to the Supreme Council, provided that their limits are clearly drawn and such is done in writing.

Duties and powers

Article 37 – (1) The duties and powers of the Supreme Council are:

a) to take essential precautions, in the field of media services, for securing freedom of expression and information, diversity of opinion, media pluralism and competition environment, on the condition that the functions and powers of Turkish Competition Authority are reserved; for avoiding media concentration; and for protecting public interests.

b) to make  or to have them made and to deploy the television channel and radio frequency planning in the framework of frequency bands for the terrestrial radio and television broadcasts allocated to the Supreme Council in the national frequency plan according to the provisions of the Law No. 5809 dated 5/11/2008 on Electronic Communications.

c) to determine the required administrative, financial and technical standards for enabling media service providers to request a broadcasting licence; to grant broadcasting licences to those of such companies which fulfil the required qualifications; to supervise them and to revoke the broadcasting licences when required.

ç) Reserving the duties and powers of the Information Technologies and Communication Authority, to determine the administrative, financial and technical standards that have to be accomplished by the platforms, multiplex, infrastructure operators  and the transmitter installation and operating company regarding their activities of the transmission of radio and television broadcasting services and on-demand media services; to grant them broadcast transmission authorisation and to cancel the authorization when required.

d) to determine the broadcasting licence fees to be collected from the radio and television broadcasting enterprises and on-demand media service providers; and the annual usage fees of television channel, multiplex capacity and radio frequency for the broadcast services to be provided through terrestrial network, and broadcast transmission authorization fees to be collected from the platforms, multiplex, infrastructure operators and the transmitter installation and operating company.

e) to monitor and supervise the broadcasts of media service providers which are established in the territories of  the Republic of Turkey in accordance with the provisions of this Law and the international treaties which Turkey is a party to.

f) to ensure the compliance of the broadcasts of media service providers, which are not established in the territories of Republic of Turkey but are under the jurisdiction of the Republic of Turkey, with the provisions of this Law and the international treaties which Turkey is a party to; and to cooperate with the competent bodies and institutions of other states when required.

g) to set-up the required monitoring and recording systems, if necessary by also placing devices in the studios of the broadcasters, for monitoring and supervising the media services.

ğ) to determine the procedures and principles regarding the protective symbol system which shall be used in the broadcast services by the media service providers.

h) to impose relevant sanctions in case any infringement of this Law and other relevant legislation is ascertained in the broadcast services of the media service providers and services provided by the platform, multiplex, infrastructure operators and the transmitter installation and operating company or in case of non-compliance with the broadcasting licence requirements.

ı) to make or to commission public opinion polls concerning media services and to share the results of these polls with the relevant parties and the public.

i) to determine the procedures and principles for the execution and the supervision of the viewing or listening rating measurements of the media services; to determine the sanctions to be applied to the companies and the institutions not in compliance with these procedures and principles.

j) on the condition that the provisions of the Electronic Communication Law No. 5809, dated 5.11.2008 and related legislation are reserved and excluding the methods of communication for personal purposes, to make regulations concerning media services including new broadcast transmission methods emerged with the technological improvements; and to give permissions for test broadcasts.

k) to keep abreast of the developments concerning the media services; to determine co-regulatory and self-regulatory mechanisms and general strategies for the sector; to conduct studies and to provide incentives in order to ensure improvement of media services in the country; to coordinate educational and certification programmes for employees of media service providers, and to issue certificates.

l) to deliver opinions about the draft legislations prepared in the field of media services.

m) to make secondary regulations on the matters that fall under the scope of its authority.

n) on the condition that the functions and powers of the Ministry of Foreign Affairs and the Information Technologies and Communication Authority are reserved, to represent the state before the institutions, that  have  legal personality under international law in relation to the media services; to carry out the duty of representation at the international institutions who do not have a legal personality under international law, in which media service providers are not members and to sign duly  the documents, that are prepared under this sub-paragraph and do not constitute an international treaty, following the collection of opinions from the relevant ministries and institutions.

o) to prepare Supreme Council’s strategic plan and to determine its performance criteria, aims and targets, standards of service quality; to establish its human resources and employment policies.

ö) to encourage taking the essential precautions for facilitating the access of the elderly and the disadvantaged people to the media services and new technologies.

p) to take resolutions on the matters regarding the sale, purchase, lease and dedication of the real estates.

r) to collaborate with the other public institutions, particularly leading with the Ministry of National Education, in order to widespread the media literacy so that all society segments are covered.

s) to collect any kind of information, documentation and recordings from the media service providers under the scope of their duties, to supervise media service providers onsite and to shut down the devices failing to comply with the licence requirements by sealing.

ş) to purchase, services when necessary for temporary tasks or tasks which require a certain specialty.

t) to determine the nominees for the General Directorate and the membership of the Board of Directors of the Turkish Radio Television Corporation.

u) to determine professional and ethical principles that the members of the Council and its personnel shall conform to.

ü) to discuss and take resolutions on the Supreme Council’s budget prepared in conformity with its main strategy, aim and objectives.

v) to determine the matters that will be required in order to fulfil the duties and responsibilities in events of declaration of mobilization and war by means of a by-law to be issued in coordination with the Ministry of National Defence, and to communicate it to the media service providers and to supervise them.

y) to fulfil other duties assigned by the legislation.

Prohibitions and supervision

ARTICLE 38 –(1) Members of the Supreme Council and their relatives by blood or by marriage up to and including to those of the third degree, provided that provisions of Law No 5846 on Intellectual and Artistic Works remain reserved, shall not enter into any contracting business pertaining to matters that fall under the duties and powers of the Supreme Council within the field of media services, shall not be shareholders or managers in media service providers or in the enterprises that have direct or indirect partnership affiliation with these companies.

(2) The Supreme Council members, except for preparing scientific publication, giving lectures and conferences, carrying out jury and commission membership that are not impede their principal duties, shall not undertake any civil service or private post, not be a party directly or indirectly in matters within the field of duties and powers of private or public media service providers and not derive any material benefits in such matters, not be a member of a political party. Duties carried out in associations and foundations whose area of activities is social aid and education as well as co-operative partnerships remains out of the scope of this provision.

(3) The Supreme Council members, before they start to serve, have to dispose of all kinds of shares or securities belonging to media service providers and legal persons providing media service or their subsidiaries, other than the debt securities issued by the Undersecretariat of Treasury, by selling or transferring to those other than their relatives by blood up to the third degree or by marriage up to the second degree within thirty days from the start of their terms,

4) Members of the Supreme Council and personnel of the Authority cannot disclose confidential information related to the Authority and all kinds of secrets belonging to media service providers and real and legal persons providing media service, even if they leave their offices and cannot use them in their or others’ interest.

5) The Supreme Council members shall not participate in negotiations or voting on the matters about themselves or their relatives by blood or by marriage up to and including those of the third degree. This situation shall be specifically stated in the resolution text.

(6) The Supreme Council members who violate the principles stated under this Article shall be deemed as resigned. The Supreme Council shall take a resolution on this case by on its own initiative or following the evaluation of an application and report it to the Turkish Grand National Assembly Presidency in order for the required actions to be taken.

The financial and social rights and indemnity of the Supreme Council Members

Article 39- (1) Members of the Supreme Council shall be paid a monthly salary that is equal to the financial benefits including all payments designated for the Undersecretary of the Prime Ministry. Any payment made to the Undersecretary of the Prime Ministry which is not subject to taxation and other legal deductions shall not be subject to taxation and other deductions according to this Law as well. The Supreme Council members shall benefit, under the same procedures and principles, from the social rights and aids that the most senior civil servant benefits from in accordance with the Civil Servants Law No. 657 dated 14/7/1965 and other legislation.

(2) The public officials shall be deemed to be on leave without payment from their institutions for the duration of their terms of office in the membership of the Supreme Council and their terms on this duty shall be considered as part of their career and they shall be outstandingly promoted.

(3) The Supreme Council members, during their terms of office, shall not be removed from their seats in the Council or from the former posts which they have vacated for being members as a result of election.

(4) Those elected as the Supreme Council members shall be deemed as insured under the subparagraph (c) of the first paragraph of Article 4 of the Law No. 5510 dated 31/5/2006 on Social Insurance and General Health Insurance. The amount of the earnings subject to the insurance premium of the President and members of the Supreme Council shall be determined in accordance with the ministerial undersecretary for the President and members. The terms of office in such positions of those who fall within the scope of provisional Article 4 of the Law No. 5510 shall be deemed as the duration for which office compensation and representation compensation should be paid and as for retirement the President and members of the Supreme Council shall benefit according to the same procedures and principles from additional indicator, office compensation and representation compensation determined for the ministerial undersecretary.

(5) The pensions of those who have been elected to the membership of the Supreme Council and who have been paid pension from any of the social security institutions, shall be ceased upon their request and their insurance premiums shall be paid under the subparagraph (c) of the first paragraph of Article 4 of the Law No. 5510. The pensions of those who started to pay the insurance premiums by ceasing their pensions shall be reassessed upon the expiry of their terms of office according to the general provisions.

(6) The investigations on any alleged offences committed by the members of the Supreme Council in connection with their duties shall be conducted according to the Law No. 4483 dated 2/12/1999 on the trial of Civil Servants and Other Public Officials and the warrant of investigation for them shall be granted by the Prime Minister or a Minister designated by the Prime Minister. Paragraphs three and four of Article 104 of the Law No. 5411 dated 19/10/2005 on Banking shall also be applicable to the members of the Supreme Council.

(7)  The Supreme Council members shall make a declaration of their properties to the Presidency of Turkish Grand National Assembly every year in January.

The Supreme Council’s working principles, quorum for meetings and resolutions

ARTICLE 40- (1) The Supreme Council shall work on a full-time basis and meet at least once a week with a quorum of at least five members and take resolutions with affirmative votes of at least five members. Abstaining votes shall not be cast.

(2) The Supreme Council can be convoked for an extraordinary session upon the call of the President or joint request of three members.

(3)The meeting agenda shall be prepared by the President or, in case of his/her absence, by the Deputy President and shall be notified to the Supreme Council members at least one day before the meeting. In order to include a new item into the agenda, it is required that one member shall make a proposal during the meeting and that the proposed item shall be accepted by the Supreme Council.

(4) The Supreme Council members who do not attend two consecutive meetings and three meetings in one month without any valid excuse shall be deemed as withdrawn from the membership. This case shall be ascertained by the Supreme Council’s resolution and notified to the Presidency of the Turkish Grand National Assembly.

(5) The negotiations in the Supreme Council meetings are confidential and shall not be made public unless any decision for their disclosure is taken.

(6) In case of a need, relevant persons shall be invited to the Supreme Council’s meetings to benefit from their opinions. However, resolutions of the Supreme Council shall not be taken in the presence of outsiders.

(7) The unclassified regulatory and supervisory resolutions of the Supreme Council shall be published by appropriate means. 

Financial resources and budget

ARTICLE 41 – (1) Revenues of the Supreme Council are as follows:

a) Broadcasting licence fees from media service providers.

b) Annual usage fees for television channel, multiplex capacity and radio frequency to be collected from public and private media service providers broadcasting through terrestrial network.

c) Without prejudice to provisions of the Electronic Communications Law No. 5809 and the relevant legislation, broadcast transmission authorization fees to be collected from platform, multiplex and infrastructure operators as well as the transmitter installation and operating company which are engaged in the transmission of broadcasts.

ç) A fifteen per thousand (Amended: 20.8.2016- 6745/Art.68) share of monthly gross commercial communication revenues of media service providers excluding their sponsorship revenues.

d) When needed, treasury aid to be obtained from the budget of the Presidency of the Turkish Grand National Assembly.

e) Other revenues.

(2) If needed, the Supreme Council shall, by preparing its schedule of works to be executed each year, submit the amount of appropriation to be earmarked from the budget of the Presidency of the Turkish Grand National Assembly for the execution of these works to the Presidency of the Turkish Grand National Assembly.

(3) The procedures and principles in relation with the supervision of the commercial communication revenues of media service providers together with the accounts of their intermediary agencies in co-operation with the Ministry of Finance and the declaration of these revenues and payment of the shares to be collected according to the subparagraph (c) of the first paragraph shall be regulated by a by-law to be issued by the Supreme Council by obtaining the opinion of the Ministry of Finance.  

Collection of revenues

ARTICLE 42 – (1) (Amended: 10.09.2014 – 6552/135 Ar.) Provided that the first instalment of the broadcasting licence fee shall be paid before the licence is granted, the remaining amount shall be paid in ten equal instalments until the last day of February of the following each year and the broadcast transmission authorisation fee shall be paid in equal instalments in the following six months after the grant of the broadcast transmission authorisation.

(2) The annual usage fee for television channel, multiplex capacity and radio frequency to be paid in accordance with Article 41 (b) shall be paid in four equal instalments each year in January, April, July and October. The shares to be allotted from the commercial communication revenues, as stipulated in Article 41 (ç), shall be paid by the relevant media service provider on the 20^th day of the third month at the latest following the month of their acquisition. 

(3) (Amended: 04.07.2012 – 6353/63 Ar.) Media service providers shall declare their commercial communication revenues in each calendar month until the last day of the following month with a declaration form whose principles and procedures in term of its form, content and submission are determined by the Supreme Council. It is compulsory to submit the declaration form even though no revenue is acquired in the concerned period. [3]

(4) (Additional Paragraph: 04.07.2012-6353/63 Ar.) Both media service providers and the ones who mediate in the acquirement of commercial communication revenues shall organize their ledger postings in a way that their commercial communication revenues that are the basis for the calculation of the Supreme Council’s share are accurately ascertained.  In cases where media service providers and the ones who mediate in the acquirement of commercial communication revenues are inspected by the officials of the Ministry of Finance competent to carry out tax investigation or by the Supreme Council itself regarding to ascertaining of the commercial communication revenues that are the basis for the calculation of the Supreme Council’s share, they are liable to provide information, relevant records and documents requested by the auditors. Information is requested to be submitted in a written form and they are allowed a term consisting of 15 days for their reply. The ones who shall not be able to provide information or to do it in that term due to inconveniences may be given an additional period of time on the condition that any prolongation won’t exceed over one-fold of the legal term and, before the term expires, they shall make their request for prolongation in a written form, and their excuse in their request writing is found to be worth admitting.

(5) (Additional Paragraph: 04.07.2012-6353/63 Ar.) The media service providers who do not submit the declaration form in its term in accordance with the paragraph 3 shall be fined five thousand; the media service providers and the ones who mediate in acquiring commercial communication revenues who do not fulfil the obligation of presenting information or do it incompletely as defined in paragraph 4 shall be fined ten thousand Turkish Liras as an administrative penalty. This fine envisaged according to this paragraph is %50 percent less for the radio enterprises. [Additional Sentence: 10.09.2014 – 6552/135 Ar.) In case the declaration form is submitted in the following first thirty days beginning from the expiry date of the legal term, the sum of the fines above-mentioned shall be applied at the rate of 1/10. In case submitting of the declaration form occur in the second following thirty days, the sum of the fines shall be applied at the rate of 1/5, and for the days after the second thirty days the sum shall be applied at the rate of 1/1. 

(6) (Additional Paragraph: 04.07.2012-6353/63 Ar.) In cases where the Supreme Council’s revenues are not paid in their legal terms in accordance with the paragraphs of (a), (b), (c) and (ç) of the Article 41 (1) of this Law, interest for the late payment of these revenues shall be applied at the rates to be determined in accordance with the Article 51 of the Law no. 6183 on the Procedures for the Collection of Public Receivables.

(7) (Additional Paragraph: 04.07.2012-6353/63 Ar.) Upon ascertaining that the commercial communication revenues compulsory to be declared in accordance with paragraph 3 is not declared in their legal term or declared as incomplete, media service providers shall be notified in writing about the payment of the Supreme Council’s revenue to be made in 30 days.  The Supreme Council’s revenue that is declared after the end of the legal declaration term is paid in 30 days beginning from the date of declaration. In case the Supreme Council’s revenue required to be declared in accordance with paragraph 3 is not declared in its legal term or declared as incomplete, interest rate to be determined in line with paragraph 6 shall be applied for the period between the date when declaration is to be made and the date of the full payment made. 

(8) (Additional Paragraph: 04.07.2012-6353/63 Ar.) The Supreme Council’s revenues not paid in due time are recovered in line with general provisions. (Additional Sentence: 10/9/2014-6552/135 Ar.) In line with this paragraph, Debt Enforcement Offices located in Ankara city have the authorisation for execution proceedings to be carried out by the Supreme Council.

Organisation, personnel and positions of the Supreme Council

ARTICLE 43- (1) The service units of the Supreme Council consist of main service and support service units and the advisory service units, all organised as departments.

(2) The main service units are: Department of Monitoring and Evaluation; Department of Permits and Allocations; International Relations Department; Department of Public Opinion, Broadcast Research and Measurement; and Strategy Development Department. The support service units are: Human Resources and Training Department; Department of Information Technologies and Department of Administrative and Financial Affairs. The advisory service unit is Legal Consultancy. Press and Public Relations Consultancy reporting directly to the President shall be established. If needed, representative offices not exceeding five in number might be opened in the regional centres where substantial broadcasting activities are intensive upon a resolution of the Supreme Council.

(3) Two Vice-Presidents shall be appointed for assisting the President in fulfilling his/her duties. They must be graduated from at least a four-year higher education, have a professional experience of twelve years in civil service and bear the requirements sought for the civil service.

(4) Presidential advisors not exceeding five in number may be appointed in the areas of legal affairs, broadcasting, administration and finance and communication technologies.

(5) The main and permanent duties and services assigned to the Supreme Council by this Law shall be carried out by the professional personnel composed of Supreme Council Experts and Supreme Council Assistant Experts and the administrative personnel. Those who shall be appointed to the positions within the Supreme Council must bear the requirements stipulated under the Article 48 of Law No. 657.  Other issues in relation to the appointments to the above-mentioned positions shall be determined by a by-law to be issued by the Supreme Council.

(6) The Supreme Council personnel shall be employed in stabilized contracted status and be subjected to the Civil Servant’s Law No.657 in terms of all rights and liabilities excluding the salaries and financial rights. The total of the personnel’s salaries and other financial rights may not exceed the total of the payments made for the Supreme Council Members and shall be determined by the Supreme Council by considering the principles ascertained by the Committee of Ministers and the organisational hierarchy.

(7) In order to be appointed as a Supreme Council Assistant Expert, one must bear the requirements stated under paragraph five, be a graduate from at least a four-year higher education institution whose departments shall be indicated by the Supreme Council, have obtained the minimum score specified by the Supreme Council out of the score types in the Public Personnel Selection Examination (KPSS), have correctly answered at least sixty percent of the questions asked in the foreign language part of the KPSS or have a degree of at least (D) from the Foreign Language Proficiency Examination for Public Personnel or possess any other certificate in terms of foreign language proficiency denoting its equivalency to this degree and which has an international validity, be successful in the examination to be held and must  not be over the age of thirty as of the first day of January of the year when the examination is held. The personnel appointed as Supreme Council Assistant Experts shall be entitled to take the proficiency examination on the condition that they have worked for at least three years, obtained a positive employment record every year, and their expertise theses on the subjects determined by the units they are employed in are accepted by the thesis jury and they have a degree of at least (C) from the Foreign Language Proficiency Examination for Public Personnel (KPDS) or possess any other certificate in terms of foreign language proficiency denoting its equivalency to this degree and which has an international validity. Those who have not submitted their theses within due time or whose theses have not been accepted by the jury shall be given an extension- not exceeding six months – to present their theses or to prepare new theses. Those who have been successful in the proficiency exam shall be appointed to expert positions. Those who have failed in the examination or those who could not exercise their examination rights due to a valid excuse although they have been entitled to take the examination shall be granted a second examination right within a year. Those who do not submit their theses within the extended period, those whose theses prepared second time are not accepted, those who cannot meet the condition of foreign language proficiency and those who failed in the second proficiency examination or do not use their right of entering the examination, shall lose the title of Assistant Expert and shall be appointed to the positions convenient to their cases. Those who have been appointed from the Assistant Expert position to the Supreme Council Expert position shall be subject to promotion by one degree for once only.

(8) Employment of the Supreme Council Experts and Supreme Council Assistant Experts, their training, competitive examination, thesis preparation and proficiency examinations and working procedures and principles as well as other matters shall be determined by a by-law to be issued by the Supreme Council. 

(9) Vice-chairs, Chief Legal Advisor and Heads of Departments shall be appointed by the resolution of the Supreme Council upon a proposal by the President and other personnel shall be appointed directly by the President.

(10) Inquiries for the offences which are alleged to have been committed by the Supreme Council Personnel in relation to their duties shall be conducted in accordance with the Law No. 4483 on the Trial of Civil Servants and Other Public Officers and the permission for conducting such an inquiry shall be given by the President.

(11) In terms of social security, personnel of the Supreme Council shall be deemed as insured in accordance with the subparagraph (c) of the first paragraph of the Article 4 of the Law No. 5510.

(12) In terms of retirement; Vice-Presidents shall be deemed as equivalent to the Ministerial General Director; Heads of departments to the Ministerial Deputy General Director; Chief Legal Advisor to the Ministerial Chief Legal Advisor; Supreme Council Experts to the Prime Ministry Experts; Presidency Advisor, Supreme Council Advisor and Expert Supervisor to Ministerial Advisor. The provisions in relation to the equivalent positions under the framework of the Law No. 657 shall be applied for the other personnel working under other titles.

(13) The positions of the Supreme Council’s Personnel are shown on the annexed (1) chart. Provided that the total number of positions in the afore-said chart is not exceeded and is restricted with the position titles in the charts annexed to the Legislative Decree No. 190 on the General Positions and Procedure, amendments on the promotion degree in the staffed positions and category, title and degree amendments in vacant positions shall be made by the resolution to be taken by the Supreme Council.

CHAPTER TWELVE

Miscellaneous and Final Provisions

Provisions concerning the Information Technologies and Communication Authority

ARTICLE 44– (1) The Supreme Council and the Information Technologies and Communication Authority shall cooperate concerning the technical and administrative issues in relation with the transmission of media services.

(2) The operators authorized by the Information Technologies and Communication Authority in order to provide electronic communication services are subject to the regulations of the Information Technologies and Communication Authority concerning electronic communication services. However, those who want to engage in transmission of broadcast services can carry on their activities provided that they are granted the necessary broadcast transmission authorization from the Supreme Council and they comply with the Supreme Council’s regulations.

(3) Media service providers shall obtain necessary permits for the radio link equipment and systems they use in the transmission of media services from the Information Technologies and Communication Authority in the framework of the relevant legislation.

(4) In case of harmful interferences coming  from radio and television systems to national and international air and marine navigation systems, Information Technologies and Communication Authority shall identify the transmitters causing the interference on site and temporarily shut down in order not to jeopardize security of lives and property and this shall inform this situation to the Supreme Council. The Supreme Council may further impose relevant sanctions under this Law.

(5) If radio and television systems are exposed to interference by non-broadcast systems which operate on other bands, the Supreme Council shall report this situation to the Information Technologies and Communication Authority. Information Technologies and Communication Authority shall promptly takes the required measures needed to eliminate the interference reported by the Supreme Council.

(6) The Information Technologies and Communication Authority may make amendments in frequency bands under international regulations and the national frequency plan by obtaining the Supreme Council’s opinion.

(7) Regarding the enforcement of this Law, the provisions of the Law No.5651 on Regulating Broadcasting in Internet and Fighting against Crimes Committed through Internet Broadcasting dated 04/05/2007 are reserved.

Liability of Turkish Radio-Television Corporation

ARTICLE 45- (1) The principles of media services laid down in Article 9 and the provisions in this Law regulating the commercial communication in media services shall be applicable also for the Turkish Radio-Television Corporation.

(2) In case the above-said liability is not fulfilled, the Turkish Radio-Television Corporation shall be warned by the Supreme Council by explicitly stating the nature of the infringement and fulfilment of the liability shall be notified to the relevant Ministry

 Accountability and manager in charge

ARTICLE 46 – (1) The liability that arises from a media service belongs to the manager in charge along with the producer of the programme or the director of that service. This provision does not eliminate the liabilities of a media service provider arising from this Law.

(2) However, if the persons with the power to administer and represent the enterprise,  have made a decision on making a broadcast prior to the examination of the broadcast by the director in charge or against his/her consent, the responsibility in this case passes on to the persons who have taken that decision.

(3) Private radio and television enterprises may appoint one or more managers in charge by considering the significance and the specifications of their media services. The manager or managers in charge must;

a) be Turkish citizens,

b) managers in charge of the media enterprises which operate at the national and regional level must be graduate of higher education,

c) be domiciled in Turkey,

d) not be banned or restricted from the public services.

 Notification and competent courts

ARTICLE 47- (1) Regarding the notification pursuant to this Law, provisions of the Notification Law No. 7201 dated 11/02/1959 shall be applied.

(2) General announcements for the media service providers, platform, multiplex and infrastructure operators, transmitter facility and operating company as well as notices under Article 7 shall be published on the web site of the Supreme Council. Such announcements are deemed to be notifications made according to the Law No.7201.

(3) Ankara administrative courts are competent on the lawsuits to be lodged against the Supreme Council.

 Annulled and inapplicable provisions

ARTICLE 48– (1) The Law No. 3984 on the Establishment of Radio and Television Enterprises and Their Broadcasts dated 13/04/1994 has been annulled.

(2) Except for the Law No. 4207 on the Prevention and Control of the Damage of Tobacco Products dated 07/11/1996, provisions in other laws that introduce the obligation of compulsory broadcast for media service providers shall not be applied.

Transitional provisions related with the members and personnel of the Supreme Council

PROVISIONAL ARTICLE 1- (1) Among the Supreme Council members, those who are elected before the effective date of this Law, continue their duties and are paying insurance premiums without falling under Provisional Article 4 of the Law No.5510, provided that a date earlier than 15/10/2008 when Law No.5510 has been enforced for the civil servants is not passed to, shall be deemed as insured under sub-paragraph (c ) of the first paragraph of the Article 4 of the Law No.5510 as of their periods of service passed from the start of the month following the date on which they started to serve as Supreme Council members. Employee’s contribution differences arising from the retirement deductions or insurance premium for that period shall be paid by themselves and the authority’s counter payment or employer’s contribution differences shall be paid by the Supreme Council. In assigning pensions by unifying the insured periods of service, according to the applicability of the provisions either the provisions of the annulled Law No. 2829 on the Unifying Services Passed as Subject to Social Security Authorities dated 24/05/1983 or Law No.5510 shall be applied. The pensions of those who are elected to the membership of the Supreme Council and are still serving while receiving pensions from one of the social security authorities shall be ceased upon their request and their insurance premiums shall be paid under sub-paragraph (c) of the first paragraph of the Article 4 of the Law No.5510 and regarding the determination of their pensions in case of re-awarding of their pensions, general provisions shall be taken into consideration.

(2) The membership of those who are the members of the Supreme Council on the effective date of this Law, provided that replacement of one-third of the members every two years is reserved, shall continue until the end of their terms of office.

(3) Those of the personnel whose positions and titles have not changed due to the new regulations executed through this Law, meeting the educational requirements stipulated under this Law shall be deemed to have been appointed to the positions having the same titles suitable for their cases without any further actions. Among those whose positions and titles have been changed or abolished or do not bear the required educational conditions for these positions;  those who are in the positions of the Chairman of the Board of Inspectors, Secretary General, Department Head and Regional Director shall be deemed appointed to the positions of the Supreme Council Advisors, those who are in the positions of chief inspector and regional deputy director to specialist inspector positions as of the publication date of this Law without any further action or notification: others shall be appointed by the President within three months to the positions in the Supreme Council suitable to their statues. Until their appointment they can be assigned to a work by the President. They shall receive the salary and other financial benefits pertaining to their previous positions until they are appointed to new positions. If the total net sum of the salary, additional indicator, contracted pay, monthly bonus, all pay increases and compensations (excluding overtime pay) other financial benefits of the new positions of appointment of such personnel is less than the total net sum of the salary, additional indicator, contracted pay, monthly bonus, all pay increases and compensations (excluding overtime pay) other financial benefits they received for their former positions as of their date of appointment, the difference shall be paid to them as a compensation as long as they remain in their appointed positions, without being subjected to any taxes and deductions and until the difference is eliminated.

(4) If the total of the pay and other financial benefits to be determined for the personnel in the Supreme Council positions according to paragraph six of Article 43 after this Law’s date of publication is less than the total net sum of the salary, additional indicator, contracted pay, monthly bonus, all pay increases and compensations and other financial benefits except for overtime pay determined for the Supreme Council positions in the last month before the date of issue of this Law, the difference shall will be paid to such personnel as compensation as long as they remain in their appointed positions, without being subjected to any taxes and deductions and until the difference is eliminated.

(5) Those in the positions of Supreme Council Advisor and Specialist Inspector shall be assigned in the units and for the duties in the Supreme Council considered appropriate by the President. From the date of publication of this Law, there shall be no new appointment for Supreme Council Advisors and Specialist Inspectors and if these positions become vacant in any way, the said positions will be deemed as cancelled with no need for any action.

(6) The service category of those in the technical services category of the Supreme Council Experts and Supreme Council Assistant Experts positions has been changed as general administrative services.

(7) The personnel serving at the Supreme Council at the effective date of this Law shall continue benefiting as vested right from the additional indicators that they used to benefit from prior to the publication date of this Law.

(8) Of the personnel serving at the Supreme Council at the effective date of this Law;

a) who graduated from faculties or four-year schools of higher education,

b) who have completed the five-year term of office at the Supreme Council,

c) whose employment records for the last three years are eighty and above,

d) who scored at least (D) on the Foreign Language Proficiency Examination for Public Personnel or at least 60 on the Interuniversity Commission Foreign Language Examination or obtained a certificate of which equivalency is accepted for the language proficiency and which has international validity,

e) whose theses are accepted in accordance with paragraph seven of Article 43 of this Law or who completed a doctorate study and who succeeded on the proficiency examination to be held in accordance with the same paragraph within three years at the latest from the effective date of the Law can be appointed to the positions of the Supreme Council experts.

By-laws

PROVISIONAL ARTICLE 2- (1) The by-Laws be put into force in accordance with this Law shall be prepared by the Supreme Council within six months beginning from the publication date of this Law and entered into force by being published in the Official Gazette. Until these by-laws are put into force, the provisions of the existing by-laws which do not contradict with this Law, shall continue to be applied.

Licensee

PROVISIONAL ARTICLE 3- (1) The rights of the enterprises which were awarded broadcasting licences to broadcast via cable and satellite networks before the publication date of this Law shall be valid until the end of the licence term.

(2)  The radio and television broadcasters that have a licence to broadcast via satellite and cable at the publication date of this Law shall revise their statuses within six months to be incompliance with the provisions of this Law.

Provisions for the digital switch-over in relation to channels and frequencies

PROVISIONAL ARTICLE 4-(1) Within the timeframe until the Supreme Council holds the ranking tender and grants the terrestrial broadcasting licences, only radio and television enterprises that are conducting terrestrial broadcast in accordance with the provisional Article 6 of the Law No. 3984 on the Establishment and Broadcasts of Radio and Television Enterprises may continue their broadcasts, as limited to the residential areas where they are permitted to broadcast. From such enterprises, the annual channel and frequency usage fees specified in sub-paragraph (b) of the paragraph one of Article 41 shall be collected as of the publication date of this Law. Terrestrial broadcasts of the enterprises that are not entitled to allocation following the ranking tender which is held for terrestrial broadcasting licences or that did not pay the channel and frequency usage fees according to Article 42 shall be suspended within one month by the Supreme Council. The broadcasts of the enterprises that are entitled to allocation in the ranking tender shall be moved from their former channels and frequencies to the allocated channel, multiplex capacity and frequencies in accordance with a calendar to be determined by the Supreme Council.

(2) (Amended: 10/9/2014 – 6552/136 Ar.)  Considering their ranks and analogue channel capacities, some of the enterprises which acquire the right to be allocated a digital terrestrial multiplex capacity in the ranking tender shall be allowed also to make analogue television broadcasts for a period of two years at most along with their digital terrestrial broadcasts. At the end of the period of two years following the allocation, analogue terrestrial television broadcasts shall be completely terminated all across the country and shall be switched off.  In the framework of the allocations and durations allowed by the Supreme Council, Turkish Radio-Television Corporation shall transfer its terrestrial radio and television broadcasts from its channels and frequencies into the new channels, frequencies and multiplex capacities.

 (3) If the enterprises whose broadcasts have been suspended by the Supreme Council in accordance with this Article continue their broadcasts without permission, action shall be taken against such enterprises in accordance with paragraph one of Article 33.

(4) After terrestrial broadcasting licences have been granted, the existing transmitter facilities shall be removed by the private media service providers or transferred to the transmitter installation and operating company in return of a payment upon which the parties will agree. The transmitter facilities that have not been taken over by the transmitter installation and operating company shall be removed within three months following the warning of the Supreme Council. The transmitter facilities that have not been removed within the given period and continue their activities shall be sealed and shut down by the Supreme Council.

(5) Frequency plans and implementation schedule shall be prepared within one year from the publication date of this Law.

(6) Frequency bands other than the frequency bands allocated to the Supreme Council shall be emptied by the Supreme Council following the completion of the transition to digital broadcasting and upon the Information Technologies and Communication Authority’s demand.

(7) (Additional Paragraph: 10.09.2014-6352/136 Ar.) Until the national digital terrestrial broadcasting licences are granted, the transmitter installation and operating company needed to be established in line with the Article 26 (8) can be established by the media service providers who have been granted broadcasting permission under the framework of Article 26 (1) and this company can be granted an interim authorization to make broadcasting transmission. 

Sanctions

PROVISIONAL ARTICLE 5- (1) The sanctions imposed upon broadcasters by the Supreme Council before the effective date of this Law shall not be taken into account as recurrent.

References

PROVISIONAL ARTICLE 6– (1) References made to Law No.3984 in the legislation shall be deemed to have been made to the relevant provisions of this Law.

Enforcement of certain articles

PROVISIONAL ARTICLE 7– (1) The provisions under Article 15 shall be enforced from the date of full membership of Republic of Turkey in the European Union. Sub-paragraph (f) of paragraph one of Article 19 shall not be applied to the member states of the European Union from the date of full membership of Republic of Turkey to the European Union.

PROVISIONAL ARTICLE 8 – (1) The personnel of the Turkish Radio-Television Corporation shall benefit from overtime pay and other similar financial benefits that the personnel working in the Prime Ministry Central Organisation benefit from besides their monthly pay in the same manner upon the General Director’s proposal and the Supreme Council’s approval. Further, position cancellations and assignments, number, pay of the personnel employed at the Institution, additional indicators applicable to positions, social aids to be provided to the personnel shall be determined by the Supreme Council upon a proposal of the General Director of the Corporation.

            (2) The duties assigned to the abolished Radio and Television High Board by the Turkish Radio and Television Law No. 2954 dated 11/11/1983 shall be delegated to the Institution’s Board of Executives, except for those in relation to the appointment of the Institution’s General Director and members of the Board of Executives.

Date of effect

ARTICLE 49 – (1) This Law shall come into effect on its date of issue.

Execution

ARTICLE 50 – (1) The provisions of this Law shall be executed by the Council of Ministers.

List of the legislations that brought

Amendments and Additions to the Law No.6112 and their effective dates

Amending Law No.	Amended or Annulled Articles of the Law No.6112	Effective Date
6353	42	12.07.2012
6462	8, 9, 32, 37	03.05.2013
6552	42, PROVISIONAL ARTICLE 4	11.09.2014
6745	41 (ç)	20.08.2016

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[1]The phrase “handicapped” in this paragraph and Article 1 of the Law No. 6462 dated 25.04.2013 has been replaced with “disablement”.

[2]The phrase “handicapped” in this paragraph and Article 1 of the Law No. 6462 dated 25.04.2013 has been replaced with “disabled”.

[3] The phrase “until the 20^th day” in this paragraph and Article 135 of the Law No. 6552 dated 10.09.2014 has been replaced with the phrase “until the last day”.