RTÜK’s Recent Announcements: A Shift in Regulatory Approach In Broadcasting

Since the final quarter of 2024, the press releases issued by the Radio and Television Supreme Council (“RTÜK”) have demonstrated that its regulatory and supervisory authority over broadcasting has evolved into a practice that not only addresses technical and procedural limitations but also approaches the boundaries of content-based intervention. In its statements covering a wide range of issues, from main news bulletins to daytime television programs, from the presentation of news sources to the tone of language used in broadcast, RTÜK has issued warnings to broadcasters by invoking constitutional principles such as public interest, the protection of societal values, the mental and physical development of children, public morality, and journalistic ethics, and has repeatedly underlined its intent to impose strict sanctions where necessary.

Although such announcements may prima facie be considered within the scope of RTÜK’s supervisory authority as prescribed under the Law No. 6112 on the Establishment of Radio and Television Enterprises and Their Media Services (“Law No. 6112”), the increasingly expansive and interpretative nature of the language and justifications employed in these announcements point to a structural shift that requires careful analysis from the perspective of freedom of expression in the field of broadcasting.

RTÜK’s Press Release Dated 05.05.2025: Warnings Regarding the Use of Archive Footage and News Sources

In its press release dated May 5, 2025, RTÜK announced that it had identified several instances where certain broadcasters used archive or dramatized footage without indicating their nature and aired content derived from other media organizations without providing appropriate source attribution. RTÜK stated that such practices are misleading to viewers and clearly violate the principles and standards of broadcasting services. RTÜK also emphasized that it had previously adopted a constructive approach by directly informing broadcasters and issuing public advisories; however, the continued occurrence of such violations demonstrated a lack of due care by the relevant media service providers.

RTÜK further addressed that transparency in the use of archive footage or content sourced from other media organizations, as well as the obligation to identify such sources, constitutes not only a legal requirement but also a fundamental principle of broadcasting ethics. The statement also noted that such practices do not merely create misleading perceptions for viewers but also generate an unfair competitive environment to the detriment of media organizations that comply with broadcasting principles.

On the other hand, RTÜK’s association of technical-level noncompliance with a discourse of “resolute sanctioning, ”coupled with the reliance on subjective criteria such as “lack of due diligence,” gives rise to a risk of administrative intervention that may conflict with the principles of proportionality and objectivity in the context of freedom of expression and editorial autonomy. Subjecting editorial methods to administrative oversight in this manner may, in particular with respect to independent journalism, cultivate a climate conducive to self-censorship practices.

In its press release dated February 8, 2025, RTÜK stated that main news bulletins frequently contained intense depictions of violence and that news anchors had made comments reflecting political opinions, thus deviating from the principle of impartiality.

RTÜK noted that the broadcasts did not only convey pessimism through content, but also through the tone and framing of presentation, contributing to a broader atmosphere of despair within society.

RTÜK emphasized that the right to editorial independence in news broadcasting must be exercised in a manner that does not compromise public interest or social harmony. RTÜK asserted that journalism which employs expressions such as “we are doomed,” “we’re finished, ” or “we’re ruined” overshadows positive developments and negatively affects the societal fabric. It was also underlined that some news anchors acted as though they were representatives of political parties, a stance deemed incompatible with journalistic ethics.

Furthermore, RTÜK publicly announced that news content violating the principle of impartiality and potentially harming children’s development during general viewing hours would be subject to the strictest administrative sanctions available under Law No. 6112.

RTÜK’s Press Releases Dated 08.02.2025 and 09.02.2025: Criticism of Main News Broadcasts

In the subsequent press release dated February 9, 2025, RTÜK responded to criticism that the prior statement constituted “censorship” by stressing that it operates strictly within the limits of the Constitution and relevant legislation. The statement reiterated that compliance with broadcasting principles is mandatory under Articles 26 and 27 of the Constitution and Article 8 of Law No. 6112, and that RTÜK would continue to perform its duties notwithstanding social media pressure. RTÜK explicitly stated that it would not tolerate deliberate and partisan broadcasting.

While both statements rely on constitutional values such as the protection of public order, the language and intervention criteria employed give the impression that RTÜK’s supervisory role has expanded in a manner that influences editorial content choices. References to subjective assessments such as “promoting a sense of despair,” “intentional commentary,” or “acting as a political representative,” when coupled with the threat of administrative sanctions, do not amount to direct censorship in a legal sense; however, they do carry the risk of framing critical journalism as unethical conduct and may contribute to induce self-censorship among broadcasters.

In this respect, it is essential that RTÜK, while exercising its constitutional and statutory powers, adopts a proportionate oversight approach that respects freedom of expression, safeguards content pluralism, and preserves the media’s democratic watchdog role.In its public statement dated October 18, 2024, RTÜK introduced a set of “Ethical

Guidelines” in response to long-standing public debates surrounding the ethical standards of daytime television programming. RTÜK noted that such programs often failed to respect the right to privacy, featured judicial cases on air without the completion of legal proceedings or any oversight, normalized content involving violence and abuse, and disseminated narratives that conflicted with societal values. RTÜK identified these recurring issues, particularly the broadcasting of violent scenes, the portrayal of illegitimate relationships, and the discussion of topics that undermine the institution of the family during hours when children are likely to be watching, as structural problems that necessitate regulatory intervention.

Within the scope of the published guidelines, RTÜK emphasized that the right to privacy must be respected; children and individuals with intellectual disabilities must not be included in broadcasts under any circumstances; content involving sexual crimes and violence against women must not be presented in a way that encourages or normalizes such conduct; and depictions of violence must not be structured in a manner that promotes insensitivity. RTÜK also reminded broadcasters of their editorial responsibility to avoid vulgar or crude use of Turkish and underlined that pending judicial matters must be reported without violating the right to the presumption of innocence and protection of reputation.

RTÜK’s Press Release Dated 18.10.2024: Ethical Guidelines and Observations on Daytime Television Programs

While RTÜK’s ethical guidelines underscore the importance of conducting broadcasting activities in a manner consistent with societal responsibility and reflect legitimate public interest considerations—particularly in relation to child protection—the tone and scope of the announcement raise concerns. RTÜK’s use of language that appears to extend beyond normative boundaries and suggests that content should conform to cultural, moral, or ideological norms is particularly noteworthy.

The association of vague concepts such as “societal values” and “public morality” with regulatory sanctions may create problems of foreseeability for broadcasters and introduces legal uncertainty into the content production process. In this context, it is essential that RTÜK apply broadcasting principles in accordance with the constitutional requirements of proportionality, transparency, and predictability, and exercise its regulatory authority in a manner that does not undermine freedom of expression. Such an approach constitutes a constitutional imperative for the preservation of democratic public discourse.