The words of Arınç, who is in charge of the Radio and Television Supreme Council (RTÜK), come as music to the ears of foreign investors, as among the changes foreseen in the draft -- which has been on the agenda for four years -- is raising the ceiling for foreign ownership of Turkish media corporations. Arınç said the law should be passed by the end of 2009, a necessary arrangement under a promise made by the government of his Justice and Development Party (AK Party) to the European Union.
Last week Arınç paid a visit to the RTÜK, where he congratulated its new chief, Davut Dursun, and the other new members of the council. Arınç was briefed on RTÜK and the law to be passed during the meeting, which was not attended by controversial former council head Zahit Akman or members of the main opposition Republican People's Party (CHP).
The new form of the law will allow foreign legal persons to own as much as 51 percent of a Turkish media organization, as opposed to the current 25 percent, paving the way for increased foreign investment in Turkish media. Until now most foreigners have avoided investment in this sector as, with only 25 percent ownership, they would not have any say in the administration. The new bill prepared by the RTÜK was based on the foreign capital shareholders' percentages in EU member states.
The new bill also removes the ban on foreign owners becoming partners in a second media organization. Now foreigners can buy shares in more than one media organization, but ownership cannot exceed 25 percent in the second or third company. However, the new bill still includes certain restrictions for foreign investors, with foreign interests not allowed to invest in regional and local television and radio stations.
Under the new bill, RTÜK still holds the right to block broadcasts when national security openly necessitates; however, such blockages can only be enforced by judicial order.
No television stations for political parties
The new bill also bans political parties, associations, workers' unions, professional organizations and corporate bodies from engaging in investment, exports, imports, marketing and finance with companies that have radio and broadcasting rights. They are also banned from holding partnership in these companies. These new limitations are expected to cause some controversy. Currently, the CHP has shares in Halk TV, while the Independent Turkey Party's (BTP) Haydar Baş is the owner of Mesaj TV. The Nationalist Movement Party (MHP) purportedly owns shares in the ATA and SES television stations. Turkish Metal Workers' Union Chairman Mustafa Özbek, who is currently in jail as a suspect in the Ergenekon investigation, is the owner of ART TV.
The new bill also introduces a limitation of 50 percent share ownership in television and radio stations whose average ratings are higher than 20 percent of the population, based on annual rating measurements to be conducted by the RTÜK.
If a radio or television station's average ratings exceed 20 percent, any company with more than 50 percent ownership in the station has 90 days to sell some of its shares to a partner or announce a public offering to reduce their ownership to less than 50 percent. Companies who fail to comply with this regulation will lose their broadcasting licenses -- and under the new law, ownership by blood relatives up to three degrees away still is not enough to evade this clause.
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