Article 1. The objective of this law is to prescribe the principles and procedures relating to the regulation of radio and television broadcasts and to the establishment, duties, competence and responsibilities of the Radio and Television Supreme Council.

Article 2. This law deals with matters relating to radio and television broadcasts transmitted by any and all techniques, methods or means and by electromagnetic waves or other means under any denotation for reception domestically or abroad.

Article 3. Of the terms used in this law,

a) Supreme Council means: the Radio and Television Supreme Council.

b) Radio broadcast means: a sound transmission by electromagnetic waves or other means for direct reception by the general public.

c) Television broadcast means: non-permanent transmission, whether accompanied by sound or not, of moving or still pictures by electromagnetic waves or other means for direct reception by the general public.

d) Electromagnetic wave means: an artificially produced wave with electrical and magnetic components which travels at the speed of light in space or through a physical medium such as cable or optical fibre.

e) Channel means: the frequency bandwidth to be occupied by a television transmitter for television broadcasting.

f) Frequency band means: the frequency bandwidth to be occupied by a radio transmitter for radio broadcasting.

g) Radio and television transmitter means: any emitting, transmitting, relaying or amplifying equipment or system, terrestrial or in space, mobile or stationary, that allows direct reception of radio and television broadcasts. h) Cable radio and television means: the type of broadcast intended for reception by the general public and transmitted to subscribers via cable, optic fibre or a similar physical medium.

i) Closed circuit television system means: cable television other than general television broadcasts, used within a building or group of connected buildings for a specific purpose such as training, education, security or tourism.

j) Radio receiver means: an apparatus for reception or for recording of and listening to radio broadcasts.

k) Television receiver means: an apparatus for reception and viewing of television broadcasts.

1) Additional broadcasting services means: independent services that accompany television or radio programmes, broadcast through intervals within the assigned channel for a television broadcast, or through supplementary carriers for radio broadcasts, such as a radio data system, data transmission or teletext.

m) Satellite broadcast means: the initial broadcast of radio or television programmes intended for broadcasting by the competent broadcaster or the person or organization that is to provide the service via any medium that can transmit encoded or unencoded signals through space.

n) Retransmission means: receiving and transmitting unchanged, simultaneously or delayed, irrespective of the technical means employed, all or part of broadcast radio and television programme services transmitted by the competent broadcasting organization for reception by the general public.

o) Broadcaster means: a natural or legal person who composes television programme services for reception by the general public and transmits them or has them transmitted, unchanged and complete, by a third party.

p) Programme service means: all the items within a single service provided by a given broadcaster as described in the preceding paragraph.

r) Advertisement means: announcements directed at the general public and intended to promote the sale, purchase or rental of a product or service, to advance a cause or idea, or to bring about other effects desired by the advertiser, for which transmission time has been assigned to the advertiser in return for remuneration or similar consideration.

s) Copyright holder means: a natural person, such as a writer, composer or arranger who has created a work in the intellectual field.

t) Performing artist means: an artist who performs a work of art by permission of the copyright holder.

Article 4. Radio and television broadcasts shall be conducted in a spirit of public service according to the following standards.

Broadcasts shall not violate: a) the existence and independence of the Turkish Republic, the

Broadcasts shall comply with:

j) the bans on broadcasts that may humiliate, insult or slander persons or organizations beyond the limits of criticism,

k) the principle that broadcasts shall not serve private aims and interests or lead to unfair competition,

l) the principle that broadcasts shall present news and events truthfully and rapidly.

n) the rule that no one may be declared guilty unless convicted by the judiciary,

o) the rule of respect for the right of reply or rectification by individuals or organizations.

p) the objective of ensuring that broadcasters will reserve at least half of their transmitting time to domestic productions, excluding the time set aside for news, sports programmes and advertising, and that they will achieve this proportion gradually, while taking into consideration the demands of the audience, the informational, educational, cultural and entertainment responsibilities of the broadcaster and the types, duration, and quality of programmes.

r) the principle that there shall be no resort to contests or similar games by means of paid information telephone lines, and that no prizes shall be awarded or arrangements made for the awarding of such prizes to listeners or viewers, and that no allowance shall be made for lotteries,

s) the principle that equality of opportunity will be achieved between democratic groups and political parties within the framework of democratic rules in such a way as to respond to public expectations in the fields of politics, education and culture.

t) the principle that Turkish shall be used as the language of radio and television broadcasts, with the exception that foreign languages which have contributed to universal works of culture and science may be used for teaching and newscasting purposes; and that Turkish shall be used in its spoken form without going to extremes, and without destroying its characteristics and rules; that the Turkish language shall be developed and enriched in the form of a modern educational and scientific language, as a basic element of national unity and integrity,

Article 5. The Radio and Television Supreme Council is established as an autonomous and impartial public legal person in order to regulate radio and television broadcasting services.

Article 6. The Supreme Council is composed of nine members elected by the Turkish Grand National Assembly from among candidates with higher education and experience in the fields of journalism, broadcasting, communication and communication technology, culture, religion, education and law, five of whom are elected from among candidates nominated by the governing political party or parties, and four from among candidates nominated by the opposition parties.

For the election, the governing party or parties nominate ten candidates, while the opposition parties nominate eight candidates. The proportion in which the political parties are represented in the presiding committee of the Grand National Assembly is taken as the basis for the nomination of candidates. However, no debate shall be held nor any resolution adopted in the Grand National Assembly on the voting for the candidates.

The names of the candidates shall be announced in the Official Gazette by the Speaker of the Grand National Assembly.

The voting on the candidates shall be conducted by secret ballot within ten days of the announcement. A joint ballot shall be drawn up with separate lists for the candidates of the governing and opposition parties. The vote shall be cast by marking the names of the candidates chosen. Ballots indicating a choice for more or less than the exact number of Supreme Council members shall be deemed invalid.

Considered elected to the Supreme Council shall be those five candidates who receive the highest number of votes on the list of the governing party or parties and those four candidates who receive the highest number of votes on the opposition list. The result of the vote is published in the Official Gazette.

The term of office for Supreme Council members is six years. One-third of the members shall be renewed every two years. In case of a membership being vacated for any reason, the Grand National Assembly shall elect a new member within a month of the date of vacancy, or, if the National Assembly is in recess, within a month after the end of the recess. The new member shall be elected from among two candidates nominated for each vacancy from the quota in which the vacancy occurs.

If a vacancy occurs in the quota of the opposition parties, the choice is made between the candidate nominated by the main opposition party and another candidate designated by lot by the other opposition parties.

If more than one vacancy occurs in the quota of the governing or opposition parties, the proportion in which the political parties concerned are represented on the presiding committee of the National Assembly is observed in filling the vacancy.

The term of the person elected to fill a vacancy is the remaining term of the vacating member.

Article 7. The Supreme Council elects a President from among its members. The President's term of office is two years.

The President shall designate a Vice-President from among the Supreme Council members, subject to the approval of the Council. The Vice-President's term of office is the same as that of the President

Article 8. The functions and powers of the Supreme Council are: a) To have national and regional frequency plans prepared, b) In keeping with Article 16, to issue, commensurate with standards of impartiality and fairness, broadcasting permits and licenses to applicants who have complied with the prerequisites; to allocate channels and frequency bands, with due respect to the use on a time sharing basis and in keeping with regional balances of at least 50 percent of the channels and frequency bands included in the national, regional and local frequency plans, excluding those channels and frequency bands used by the Turkish Radio and Television Corporation,

c) Under the provisions of Radiocommunication Law No. 2813 of 5.4.1983, to issue establishing and operating permits to radio and television enterprises for transmitting facilities to cover broadcast service areas allocated to radio and television enterprises according to national frequency plans for national, regional and local broadcasts and to supervise the compliance of the facilities with the provisions of the Radiocommunication Law and with the prerequisites for such facilities,

e) To encourage enterprises to extend their broadcasts to various regions of the country, while observing regional balances in the allocation of time sharing channels,

f) To specify and publicize, while bearing in mind the principles of the European Convention on Transfrontier Television , the prerequisites and standards to be fulfilled by public and private radio and television enterprises that intend to transmit from within the country in order to apply for broadcasting permits and licenses,

g) To establish via relevant regulations the preconditions for allocating channels and frequency bands, the deadlines for recipients of allocations to start regular broadcasts, and the broadcasting permit and licence fees to be paid by operators of radio and television stations,

h) to verify the compliance of broadcasts with the provisions of Article 4 above and with international treaties to which Turkey is a Party by setting up monitoring systems for radio and television broadcasts.

i) To decide on the relevant sanctions in cases of violation of the provisions of this Law or of the conditions for frequency allocation,

j) To permit building of radio and television transmitters by local means in parts of national territory that cannot be reached by available transmissions.

m) To conduct or commission public opinion surveys in order to follow regularly the reaction, approval or sensibilities of the public and to provide appropriate guidance in relation to radio and television broadcasts, on condition that the functions and powers of the Ministry of Foreign Affairs are

o) To evaluate trends in public opinion by periodically consulting with institutions and agencies on radio and television broadcasts,

p) To draft the regulations and other rules regarding its own work and activities in keeping with this law and the European Convention on Transfrontier Television.

Article 9. Members of the Supreme Council and their relatives by blood or by marriage, up to and including those third removed, may not be shareholders or managers in private radio and television companies or in companies affiliated directly or indirectly with them. They may not accept any civil service or private post for the duration of their membership in the Supreme Council; they may not be a party, directly or indirectly, in matters within the field of activity or competence of private or public broadcasting companies, nor derive any benefit from such matters. Those who act otherwise shall be considered to have forfeited their membership.

Decisions in this respect are taken either directly by or upon processing of requests to, the Supreme Council.

Article 10. Members of the Supreme Council shall be paid, for the duration of their term, the equivalent of the salary, together with the relevant social benefits, pay raises and special compensation paid to the highest official under Law No.657 on the Civil Service and its amendments.

Council members who are civil service officials shall be considered on leave without pay from their organization for the duration of their term of office. Their term on the Council shall be considered as part of their career and shall be counted toward their promotion with honours.

Council members may not be removed from their seat on the Council or from their elected post during the term of office for which they are elected.

Council members are considered officials of the civil service in regard to the implementation of the Turkish Penal code. Council members shall submit a declaration of property annually.

Article 11. The Supreme Council shall meet with a quorum of seven members. The quorum for decisions is five. However, the quorum for decisions to allocate channels Is an absolute two-thirds majority.

The Supreme Council functions full-time and meets at least once a week.

Article 12. The revenue of the Supreme Council includes the five percent share to be deducted from the gross advertising receipts of the Radio and Television Corporation and of all private radio and television enterprises, the broadcasting permit and licence fees charged under this law, and as necessary, appropriations included under the section on transfers in the budget of the Grand National Assembly.

Annually, the Supreme Council shall submit to the Speaker of the Grand National Assembly the appropriations it requires from the National Assembly budget for its work programme and the corresponding expenditure.

The Supreme Council's budget and staff lists shall be reviewed by the Plan and Budget Commission of and debated and approved at the Plenary Session of the Grand National Assembly together with the budget of the Grand National Assembly.

Article 13. The shares from advertising receipts shall be remitted to the Supreme Council during the month following the month in which they are earned. A notice shall be issued in cases of failure to make the remittance. Failure to remit within seven days from the written notice shall lead to suspension of the programme service concerned.

Provisions of Law no. 6183 on Collection of Debts due to the State are applicable to the collection of shares from advertising revenue.

Article 14. Relations of the government with the Supreme Council are conducted by the Prime Minister.

Article 15. In order to carry out its obligations under the law, the Supreme Council recruits personnel in adequate numbers and quality to set up its organization.

Article 16. On condition that other provisions of the Radiocommunication Law No. 2813 are observed, the power to allocate channels and frequency bands and to issue broadcasting permits and licences to public and all private radio and television enterprises, as well as the power to revoke such allocations and permits, lies exclusively with the Supreme Council.

Article 17. One-fourth of the channels and frequency bands in the national frequency plans are allotted to the Turkish Radio and Television Corporation, the number of channels allotted not being less than three, and of frequency bands not less than four. One of the channels is reserved for transmitting the activities of the Turkish Grand National Assembly. The Speaker of the Grand National Assembly shall decide which activities shall be transmitted to what extent.

Of the remaining national, regional and local channels and frequency bands, one-half shall be allocated on a full time basis, while the other half are allocated on a time sharing basis and, if necessary, by rotation. The term of the allocation may not exceed five years.

Article 18 The enterprises to which the Supreme Council grants broadcasting permits are obliged to extend their coverage to at least 70 percent of the territory of Turkey and to broadcast at least eighty hours a week by the end of the second year from the date of the permit at the latest.

Article 19 All advertisements shall be fair and honest. They shall not be misleading and shall not prejudice the interests of consumers; advertisements addressed to or using children shall avoid anything likely to harm their interests and shall have regard to their special susceptibilities.

The advertiser shall not interfere in any way with the content of programmes.

The amount of advertising shall not exceed 15 percent of the daily transmission time. However, this percentage may be increased to 20 percent to include forms of advertisements such as direct offers to the public for the sale, purchase or rental of products or for the provision of services, provided the amount of spot advertising does not exceed 15 percent. The amount of spot advertising within a given one-hour period shall not exceed 20 percent.

Forms of advertisements such as direct offers to the public for the sale, purchase or rental of products or for the provision of services shall not exceed one hour per day.

Article 20 Advertisements shall be clearly and easily distinguishable as such and recognisably separate from the other items of the programme service by optical and acoustic means; subliminal advertisements shall not be allowed.

Advertisements shall not feature, visually or orally, persons regularly presenting news and current affairs programs.

Article 21. Advertisements shall be inserted between programmes. Advertisements may also be inserted during programmes in such a way that the integrity and value of the programme and the rights of the rights holders are not prejudiced.

In programmes consisting of autonomous parts or in sports programmes or similarly structured events and performances comprising intervals, advertisements shall only be inserted between the parts or in the

intervals. A period of at least twenty minutes should elapse between each successive advertising break.

The transmission of feature films and films made for television (excluding serials, entertainment programmes and documentaries), provided their duration is more than forty-five minutes, may be interrupted once at the end of each period of forty-five minutes. If a film lasts longer than forty-five minutes, it may be interrupted once for each additional period of twenty minutes after the first complete period of forty-five minutes.

Advertisements shall not be inserted in any broadcast of a religious service. News bulletins, current affairs programmes and children's programmes, when they are less than thirty minutes of duration, shall not be interrupted by advertisements. Surreptitious advertising shall not be allowed in any broadcast.

Article 22. Advertisements for alcoholic or tobacco products shall not be allowed. Advertisements for medicines and medical treatment which are only available on prescription shall not be allowed. Advertisements for other medicines and medical treatment shall be composed of elements that are honest, truthful and subject to verification, and shall comply with the requirements of protecting the individual from harm.

Article 23. When a programme or series of programmes is sponsored in whole or in part, it shall clearly be identified as such by appropriate credits at the beginning and/or end of the programme.

The sponsors may not exert any influence on the content and scheduling of sponsored programmes in such a way as to affect the responsibility and editorial influence of the broadcaster.

Sponsored programmes shall not encourage references to products or services of the sponsor or a third party, or their purchase, sale or rental.

Programmes may not be sponsored by natural or legal persons who are concerned with the manufacture or sale of products or the provision of services, the advertising of which is prohibited by virtue of Article 22.

Sponsorship of news and current affairs programmes shall not be allowed.

Article 24. The Directorate General of Radiocommunication shall inform the Supreme Council through the Ministry of Transport and Communications about all channels, frequency bands and other necessary technical data reserved for radio and television broadcasts, and shall observe and monitor the allocations made. The requirements of the Supreme Council shall be given priority.

Article 25. With the exception of court orders, broadcasts shall not be subject to a priori control or suspension. However, in cases of acute necessity for reasons of national security or of a strong possibility that public order may be disturbed, the Prime Minister or a minister designated by him may suspend a broadcast.

Radio and television enterprises are obliged to broadcast public announcements issued by the President of the Republic or the Government for reasons of national security, public order, public health or public morals.

Appeals against executive and administrative decisions taken under the above paragraphs may be made directly to the Council of State. The Council of State shall give priority to handling and deciding these cases. It decides on appeals for a stay of execution within 48 hours.

Article 26. Retransmission within the country of initial broadcasts, complete or in part, live or recorded, shall not be allowed, regardless of the technical means used. The provisions of this law with regard to cable transmissions are reserved.

Exempt from this prohibition are individual, unconnected programmes originating abroad, which are retransmitted live or recorded by enterprises holding permits and licenses of the Supreme Council for national and/or local broadcasts.

Live or recorded transmission of sports events, conferences and similar events are allowed on condition that they are not permanent.

Article 27. Broadcasts during election periods are regulated by the High Election Board within the framework of powers vested in the Board by law.

The Supreme Council monitors transmissions during election periods in keeping with the decisions of the High Election Board.

Article 28. Persons involved may resort to the courts for the right of reply and rectification against broadcasts which constitute attacks on individual rights of real or legal persons and against broadcasts they claim to be untrue.

Broadcasting enterprises are required to keep the taped recordings of all transmissions for a period of one year. Any person intending to initiate a lawsuit may apply in writing to the Supreme Council to obtain a copy of the taped recording for a suitable fee.

The court seized with the lawsuit shall examine the case. If it finds the claim justified, the rectification or reply shall be transmitted at the same hour and in the course of the same program when the original infringement of rights or the untruth was broadcast. The duration and form of the rectification shall be determined by the court according to the requirements of the case and the existing evidence.

An individual bringing action to the court should do so within ten days of the transmission in question. The court shall hand down its decision within three days. The court's decision may be appealed to the next higher court within three days of the serving of the notice on the verdict. The higher court shall hand down its decision on the appeal within three days. The decision of the higher court is final.

The required rectification is transmitted the day after the broadcaster is served notice of the court decision.

The transmissions of any broadcaster who fails to transmit at all or to transmit in keeping with the court decision or delays transmission may be suspended for up to three months according to the gravity of the offence. Repetition of the offence shall lead to suspension of the broadcasting permit.

For broadcasters at the national level, the competent court is the Criminal Court of

First Instance in Ankara, whereas, for broadcasters at the regional or local level, the competent court is the local criminal court of first instance at the plaintiffs place of residence.

Article 29. Political parties, associations, labor and employer unions, professional associations, cooperatives, foundations, local governments and companies established or partially owned by local governments, commercial companies, unions, and organizations and enterprises dealing with investment, import, export, marketing and financial affairs may not establish nor hold shares in radio and television enterprises.

Private radio and television enterprises are established as corporations. The Securities Exchange Board requires these corporations and other corporations which are shareholders to transform transferable shares into registered shares. These corporations may not enter into usufructuary contracts on behalf of any individual.

Approval of the Supreme Council is necessary before the corporations cited in Paragraph Two can apply for the permission of the Securities Exchange Board to offer their shares for sale to the public under the provisions of Law No. 2499 of 28 July 1981.

A single corporation may establish only one radio and one television enterprise.

Blood relatives and relatives by marriage up to the third degree may not own shares in the same radio or television enterprise.

The shares of any shareholder in a broadcasting enterprise may not exceed 20 percent of the paid up capital, whereas the total shares of any person holding shares in more than one enterprise may not exceed a total of 20 percent. These provisions apply also to the blood relatives and relatives by marriage up to the third degree of the shareholder concerned.

The share of foreign capital in any one radio or television enterprise may not exceed 20 percent.

Shareholders, whether they are citizens or aliens, may not under any circumstances hold preferred shares.

A real or legal person of foreign nationality holding shares in a certain radio or television enterprise may not become a shareholder in another private radio or television enterprise.

Persons holding more than a 10 percent share in a certain private radio or television enterprise may not accept, directly or indirectly, contracts from the State, from other public legal persons or their direct or indirect

subsidiaries or companies, they may not enter transactions on any securities exchange.

Real or legal persons who publish newspapers in Turkey, and those who own newspapers under the press laws may not hold a total exceeding 20 percent of shares.This limit applies to his blood relatives and relatives by marriage up to the third degree.

No allocation of frequencies, channels or cable capacity may be made by the Supreme Council to radio and television enterprises broadcasting to Turkey from outside its borders. Advertising fees paid to such broadcasters by taxpayers in Turkey are not tax-deductable.

Article 30. The minimum administrative, financial and technical prerequisites, and rules regarding transmission areas, hours and duration of transmission for private radio and television enterprises are specified by the Radio and Television Supreme Council.

Article 31. Private radio and television enterprises are obliged to include educational, cultural programmes and Turkish folk and classical music in specific proportions in their general broadcasts. Rules on the types and ratio of these programme are specified by the Radio and Television Supreme Council.

Article 33. The Supreme Council issues warnings to those private radio and television enterprises which fail to fulfill their obligations, to violate

the conditions of their broadcasting permit, or which transmit programmes that violate the broadcasting rules and standards. The warning shall contain a description of the kind and gravity of the violation and the consequences of its repetition.

In cases of repetition of a certain violation, transmission may be suspended up to a period of one year or the broadcasting permit revoked according to the gravity of the violation.

The broadcasting permit of any private radio or television enterprise which forsakes any one of the conditions required for a broadcasting permit or which has fulfilled the conditions through fraudulent means shall be revoked by the Supreme Council.

Article 34. Apart from the exceptions specified in this law, persons or owners and managers of enterprises which transmit radio or television broadcasts without the permission of the Supreme Council or despite the suspension or revocation of such a permit by the Supreme Council shall be punished by imprisonment of 6 months to 2 years and a fine of one hundred million to ten thousand million Turkish liras even if their activity constitutes another offence. The provisions of Law No. 3506 are reserved. All transmission equipment shall also be confiscated under article 36 of the Criminal Code No 765 of 1 March 1926.

Owners or managers of enterprises which fail to keep taped recordings of transmissions and which fail to submit audiovisual tapes if and when demanded by the Prosecutor shall be punished by imprisonment of one to five years and a heavy fine of one hundred million to one thousand million Turkish liras. An additional penalty of suspending transmission for one to three months shall also be imposed.

Article 35. The Turkish Radio and Television Corporation is responsible for broadcasting in compliance with the broadcasting rules and standards stipulated in this law.

Should it violate the broadcasting rules and standards, the Turkish Radio and Television Corporation shall be formally warned by the Supreme Council, with the nature and gravity of the violation clearly stated.

Should the Corporation broadcasts in a manner requiring suspension of transmissions, the Director General and Board of Directors of the Turkish

Article 36. The provisions of Law No. 2954 on Turkish Radio and Television relating to the Radio and Television High Council cease to apply upon the assumption of office by the Supreme Council; the function of the High Council is thus terminated. The powers of the High Council with relation to the appointment of the Director General and Board of Directors of the Turkish Radio and Television Corporation are hereby transferred to the Supreme Council: the remaining powers of the High Council are transferred to the TRT Board of Directors.

Article 37. Radio and television enterprises shall pay copyright holders for works featured in their broadcasts. The rules for copyright fees are formulated by the Radio and Television Supreme Council after having obtained the views of professional associations.

Article 38. The staff of news divisions in radio and television enterprises are subject to Law No. 5953 on Relations between Employees and Employers in the Press.

The Supreme Council specifies the minimum number of press card bearers to be employed in these news divisions.

Article 39. The courts in Ankara are competent to hear any administrative lawsuits against the Supreme Council.

Article 40. The Supreme Council prepares regulations to stipulate the principles and procedures for the functioning of the Supreme Council and its Secretariat, the conditions for allocation of channels and frequencies, the procedures for inviting and accepting bids for tenders, and the rules and procedures for protecting the rights of copyright holders and producers. These regulations shall come into force upon being published in the Official Gazette.

Article 41. This law shall enter into force on the date of its publication.

Article 42. The provisions of this law are to be implemented by the Council of Ministers.