"RTÜK Draft Bill Opposes Constitution"

Communications lawyer Fikret İlkiz declared that the "Draft Law on Radio and Television Enterprises and Broadcasting Services" was contrary to the law and the public's right to information because it preserves the Prime Minister's authority to interrupt broadcasts under "extraordinary circumstances".

İlkiz pointed out that Article 25 on the "Suspension of Broadcasts" of Law No. 3984 on the Establishment of Radio and Television Enterprises and Their Broadcasts was preserved in the new draft bill. In an interview with bianet, the lawyer argued that the situation became even more complicated.

"The provision in the law is contrary to freedom of expression anyways. (...) So while important provisions should not be included again but removed from the draft, additions that are enable a wider interpretation will cause illegal applications", İlkiz explained.

The draft bill is currently being debated in the Turkish Grand National Assembly (TBMM). Article 7 entitled "Broadcasts under extraordinary circumstances" preserves "the authority of the Prime Minister or a minister designated by him to suspend a broadcast".

"Implementations may not interfere with broadcasts"

Lawyer İlkiz stressed that neither implementations nor the government can directly interfere with radio and television broadcasts. "The crucial point is not to prevent a broadcast but to design a regulation that improves broadcasts in terms of a positive responsibility of the government".

Communications expert İlkiz explained that only the judiciary will able to supervise broadcasts. In case of any kind of disruption of the public order or security, the Radio and Television Supreme Council (RTÜK) is responsible for supervising radio and television broadcasts. "Not even the supreme council can suspend a broadcast. Particularly in respect to the order of a democratic society, even RTÜK has to take a court decision regarding the potential necessity to suspend a broadcast".

Minister made use of censorship three times

So far, the Turkish public witnessed the authority of the Prime Minister and ministers designated by him to suspend broadcasts in three situations: the bombing of the HSBS Branch in Istanbul on 20 November 2003; the bombing of the Anafartalar building in the Ulus district of Ankara on 22 May 2007 and during the Dağlıca raid of the PKK on 21 October 2007.

In an announcement issued on 12 January, RTÜK declared that the controversial Article 7 on "Broadcasts under extraordinary circumstances" would be preserved. It was said that a "new authorization or an expansion of the authority was out of the question". (EÖ/VK)