The new legislation came into force just recently, on Nov. 13, 2009, and is officially known as the Communiqué concerning radio and television broadcasting in languages and dialects Turkish citizens traditionally use in their daily life.
The communiqué covers a wide range of issues and does not only address the Kurdish language or dialects.
Article 4 of the communiqué covers “permissions.” The communiqué makes it mandatory for broadcasts that plan to use traditionally used languages or dialects to first acquire permission, to be granted by the Radio and Television Supreme Council (RTÜK). No broadcasts can be made in such languages or dialects without RTÜK permission.
The “application” procedure is covered by Article 5 of the communiqué. Radio and television broadcasting entities are required to apply to RTÜK and state the language or dialect to be used in the broadcast, the type of program to be broadcasted, the daily broadcasting schedule and the timing of the programs to be broadcasted as well as the monthly schedule of the broadcasts.
Article 6 of the communiqué covers the evaluation of the application and the permission procedure. Repeating the section on “permission” twice in such a short text indicates that the authority is giving utmost importance to licensing or permitting such broadcasting.
I don’t want to be pessimistic and say that getting permission sounds difficult. RTÜK will evaluate all applications by broadcasting companies with respect to their technical capacity, broadcasting range and whether other companies are already broadcasting in the same languages or dialects. The board shall grant permission if the application is in line with regulations and other factors cited above. Of course it will, and I never understood the point in writing a sentence which states something that goes without saying. Is there any possibility of not giving permission to an application that fulfills all requirements?
But the highlight of the communiqué is this: “Broadcasting music or motion pictures in languages and dialects which Turkish citizens traditionally use in their daily life are not subject to any permission so long as the broadcasting is not of a continuous nature when the daily, monthly and yearly broadcasting schedule of the broadcasting company is not interrupted.”
The communiqué also covers the following: “Broadcasts should be in line and in accordance with other regulations and laws.” Article 8 of the communiqué covers “sanctions” and I find it unnecessary to include the details of this in here.
The communiqué entered into force on Nov. 13, 2009. The regulation is being overseen by RTÜK.
NOTE: Berk Çektir is a licensed attorney at law and available to answer questions on the legal aspects of living in Turkey. Send enquiries to b.cektir@todayszaman.com. The names of the readers are disclosed only upon written approval of the sender.DISCLAIMER: The information provided here is intended to give basic legal information. You should get legal assistance from a licensed attorney at law while conducting legal transactions and not just rely on the information in this corner.
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