MERCATOR :: Butlleti 59: Regulation concerning radio and television broadcasts in languages and dialects used traditionally by turkish citizens in their daily lives

[Unofficial translation into English]

[Source: Radio and Television Supreme Board]

Official Gazette – 25 January 2004

No. 25357

REGULATION CONCERNING RADIO AND TELEVISION BROADCASTS IN LANGUAGES AND DIALECTS USED TRADITIONALLY BY TURKISH CITIZENS IN THEIR DAILY LIVES

SECTION ONE

Objective, Justification and Definitions

Objective
Article 1 – The objective of this regulation is to regulate the procedures and principles relating to broadcasts made by public and private radio and television institutions in the different languages and dialects traditionally used by Turkish citizens in their daily lives in addition to radio, television and broadcasts in Turkish.

Justification
Article 2 – This Regulation has been prepared based on Article 4 of Law no. 3984 on the Establishment and Broadcasts of Radios and Televisions amended by Law no. 4771 and on provisions included in the European Convention on Transfrontier Television.

Definitions
Article 3 – Of the terms used in this Regulation;
a) The Supreme Board: denotes the Radio and Television Supreme Board,
b) Law: denotes Law no. 3984 on the Establishment and Broadcasts of Radios and Televisions,
c) Communication Medium: denotes every kind of medium that transmits the signal produced by the center that produces radio and television programs, of one or more than one radio or television broadcast or together, using any kind of technique, to a radio, television receivers and/or data distribution centers,
d) Thematic Channel: denotes a channel that broadcasts only on a specific subject such as news, documentary, sport, music and in related kinds,
e) National Broadcast: denotes radio, television and data broadcasts made to all the country
f) Regional Broadcast: denotes radio, television broadcast made to at least three neighboring provinces and to a minimum of a seventy percent area of a geographical region at the most,
g) Local Broadcast: denotes radio, television or data broadcast made in consideration of the civil partition, to at least one sub-province (central sub-province included) or at least to seventy percent area of a province,
h) Re-transmission: denotes, taking all or a part of the radio and television program services without making any changes, and the transmitting of it at the same instant or at a later time depending on technical reasons in order for the public to watch, what ever the technical apparatuses used by the authority broadcasting institutions,
i) News: denotes actual, social, political, cultural, economical event, subjects and developments transmitted by means of an objective view to viewers or listeners in order to meet the needs of the public to obtain information
j) News Programs: denotes the transmission of detailed and evaluated subjects and developments program type, presented to viewers or listeners excluding extraordinary situations in defined broadcasting day and hours and usually in a certain period of time in order to meet the needs of the public to obtain information
k) News Bulletin: denotes program type actual, social, political, cultural, economical event, subjects and developments transmitted in the principals of press and broadcasting occupation, watched, collected, in accordance to true and fast principals presented to viewers and listeners in certain hours excluding extraordinary situations in order to meet the needs of the public to obtain information
l) Cultural Programs: denotes programs prepared to preserve, improve, distribute and richen the belief, knowledge and practices which are subjected to the thought and life of the public and which are passed from generation to generation, in the course of the national culture policy principals
m) Music Programs: denotes programs where every kind of music regarded as a cultural riches with/without lyrics is performed,
n) Broadcast Plan: denotes broadcast order to indicate the day, hours and time for the broadcasts, organized by the broadcaster in accordance to the Code and to this Regulation,
o) Annual Broadcast Period: denotes the period of time which starts from the 1st of January 00:00 hours and ends in 31st of December 24:00 hours Turkey Mean Time of every year,
p) Monthly Broadcast Period: denotes the period of time that starts from the first day of the month at 00:00 hours and ends at 24:00 Turkey Mean Time,
r) Broadcast Day: denotes a period of 24 hours starting from 00:00 hours Turkey Mean Time,
s) Broadcast time: denotes broadcasting hours and broadcasting of specific programs,
t) Subtitles denote written information steady and/or in motion, mostly positioned at the bottom of the screen during the take or broadcast of the program.

SECTION TWO

Language of Broadcasts

Language of Broadcasts
Article 4 – The main language of broadcasts is Turkish. In the broadcasts, it must be ensured that Turkish is used as a language of communication without distorting its characteristics and rules and that Turkish is promoted as a modern language of culture, education and science. Exclusively no other broadcast can be done in language and dialects other than Turkish. But in the frame of this Regulation broadcasts can be made in the different languages and dialects traditionally used by Turkish citizens in their daily lives.

Principals of broadcasts in the different languages and dialects traditionally used by Turkish citizens in their daily lives
Article 5 – Broadcasts can also be made in the different languages and dialects traditionally used by Turkish citizens in their daily lives with the permission of the Supreme Board in accordance to the provisions of this Regulation.
In these languages and dialects, broadcasts can be made for adults on news, music and culture.
No broadcasts can be made towards the teaching of these languages and dialects.
Radio and television institutions that own a public and private national broadcasting license can make broadcasts in these language and dialects, re-transmission broadcasts included; radio institutions shall not exceed 60 minutes per day and a total 5 hours per week, television institutions shall not exceed 45 minutes per day and a total of 4 hours per week.
The broadcast of institutions that broadcast a television program in these language and dialects, including re-transmission broadcasts, shall be accompanied by Turkish subtitles or a translation in Turkish after the program, which will fully correspond to the broadcast in terms of timing and the content, as regards radio broadcasts, a Turkish translation will be broadcast after the program.

Application
Article 6 – Public and private radio and television institutions;
a) The language(s) and/or dialect(s) and the types of programs to be broadcasted in these languages and dialects, their positioning in the daily broadcasts and monthly and annual broadcasting plans with the executive board decision
b) Documents certifying that the members of the supervisory board to be established specifically for these broadcasts, the director in charge, the staff of the news department and news presenters satisfy the criteria specified in Law no. 3984 and related regulations
c) The copy of the undertaking contract signed by the authority that represents the legal entity signed in presence of the notary public
Shall apply to the Supreme Board.
The supreme Board should be notified by the changes occurring after the application and its approval should be taken.

SECTION THREE

Assessment, Permission and Requirements

Assessment and Permission
Article 7 – The Supreme Board inspects the information and documents in the applications by the public and private broadcasting institutions that want to make broadcasts in the different languages and dialects traditionally used by Turkish citizens in their daily lives and give a broadcast permit to the institutions who have fulfilled the requirements according to this regulation.
On considering daily, monthly and annually plans of broadcasting institutions broadcasting in Turkish, broadcasting of single musical work of art and inclusion of cinema films which do not show a consistency is evaluated beyond the scope of this permit.
Recourse to judicial means is possible concerning the dismissal of application by the Supreme Board.

Requirements
Article 8 – Broadcasting institutions which received a permit in order to broadcast in another language than Turkish are responsible and cannot violate the supremacy of the law, the basic principles of the Constitution, basic rights and liberties, national security, general morality, the fundamental characteristics of the Republic as set out in the constitution, the indivisible integrity of the state with its country and people, Law no. 3984 and the principles and procedures set out in the regulations published based on this law, the requirements foreseen by the Supreme Board and its conditions of permit and guarantees and should be made within the framework of a public service approach.
The broadcasting institutions are responsible of not showing symbols other than the studio arrangements, the existing logo, sound effects and introductory sound signs during the time of broadcasting in other language and dialects. If necessary only images and symbols designating the Republic of Turkey can be used.

SECTION FOUR

Penalties

Penalties
Article 9 – Broadcasts violating the principals in the Code, principals of broadcasting and requirements foreseen by the Supreme Board shall be punished within the provisions of Article 33 of Law no. 3984.
Broadcasting institutions that broadcast in language and dialects other than Turkish without the permit of the Supreme Board will be subjected to, broadcasting without a permit sanction, the provision of Additional Article 2 of Law no. 3984.
Recourse to judicial means is possible concerning the sanctions of the Supreme Board to the broadcasting institutions.

SECTION FIVE

Article 10 – On conditions which are not addressed in this regulation will be subjected to the regulations published based on the Law no. 3984 on the Establishment and Broadcasts of Radios and Televisions

Article 11 – The regulation on the Broadcasting Languages of Radios and Televisions dated 18/12/2002 no 24967published in the Official Gazette is ceased to be effective.

Provisional Article 1 – Till the viewer-listener profile of the different languages and dialects traditionally used by Turkish citizens in their daily lives is determined, only public and special national broadcasting institutions can broadcast in these languages and dialects.
The Supreme Board will with the demands from the country find the viewer-listener profile via a neccessary research.

SECTION SIX

Entry into Force and Implementation

Entry into Force
Article 12 – This Regulation enters into force on the date of its publication.

Implementation
Article 13 – The provisions of this Regulation is implemented by the Radio and Television Supreme Board.