TESEV DEMOCRATIZATION Program Medıa studıes serıes - 3

Caught in the Wheels of Power: The Political, Legal and Economic Constraints on Independent Media and Freedom of the Press in Turkey Caught in the Wheels of Power Dilek Kurban - Ceren Sözeri Authors Dilek Kurban Ceren Sözeri

Bankalar Caddesi Minerva Han, No:2, Kat: 3 34420 Karaköy ‹stanbul T +90 212 292 89 03 F +90 212 292 90 46 DEMOCRATIZATION www.tesev.org.tr ISBN:978-605-5332-18-1 PROGRAM Caught in the Wheels of Power: The Political, Legal and Economic Constraints on Independent Media and Freedom of the Press in Turkey

Authors: Dilek Kurban Ceren Sözeri Caught in the wheels of power: The Political, Legal and Economic Constraints on Independent Media and Freedom of the Press in Turkey

Türkiye Ekonomik ve Bankalar Cad. Minerva Han Sosyal Etüdler Vakf› No: 2 Kat: 3 Turkish Economic and Karaköy 34420, İstanbul Social Studies Foundation Tel: +90 212 292 89 03 PBX Fax: +90 212 292 90 46 Demokratikleşme Program› [email protected] Democratization Program www.tesev.org.tr

Authors: Publication Identity Design: Rauf Kösemen, Myra Dilek Kurban Cover Design: Banu Yılmaz Ocak, Myra Ceren Sözeri Page Layout: Gülderen Rençber Erbaş, Myra Coordination: Sibel Doğan, Myra Prepared for Publication by: Production Coordination: Nergis Korkmaz, Myra Levent Pişkin Printing Organization: Artpres Matbaacılık San. Tic. Ltd. Şti Printed by: Scala Basım, Yayım, Tanıtım San. ve Tic. Ltd. Şti. Yeşilce Mah. Girne Cad. Dalgıç Sk. No:3 4.Levent/İstanbul-Türkiye Tel: 0212 2816200 pbx Copies: 500

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Copyright © June 2012 All rights reserved. No part of this publication may be reproduced electronically or mechanically (photocopy, storage of records or information, etc.) without the permission of the Turkish Economic and Social Studies Foundation (TESEV).

The viewpoints in this report belong to the authors, and they may not necessarily concur partially or wholly with TESEV’s viewpoints as a foundation.

TESEV would like to extend its thanks to the European Commission, the Open Society Foundation, and the TESEV High Advisory Board for their contributions with regard to the publication and promotion of this report. Case Study Report Updated and Expanded Version

Does media policy promote media freedom and independence? The case of Turkey

Dilek Kurban Ceren Sözeri

June 2012 4 Grant agreement: Grant EU funding: duration: Project title: Project analysed. and discussed thoroughly Europe, are of Council the and Union European the from stemming policies, media state of implementation and design the on pressures external for challengesand media generated independence. freedom and by new Moreover, media services of media in theconfiguration policies aforementioned examines and the countries opportunities the It investigates services. media of types various and sectors media across analysis comparative Germany, Italy,Spain, Turkey Finland, a Greece, with Slovakia, Romania, UK Estonia, the and Denmark, Croatia, Bulgaria, in Belgium, study acountry-based combines project The media. that promoteor conversely prevent free independent and the supporting development of policies factors the explain and understand to seeks which project research is aEuropean MEDIADEM profile Project FP7-SSH-2009-A no. 244365 FP7-SSH-2009-A approx. 2.65 million Euro million 2.65 approx. 2013 -March 2010 April Systems Democratic Independent Media in Contemporary Free and Valuing Reclaiming Revisited: and Policies Media European ANKA ANAP AHT AA Abbreviations İHOP İHA ECtHR CoE CHA BTK BK BİK BİA AVMSD AKP OSCE MEDİZ :

Turkish News Agency (Ajans Haber Türk) : Turkish (Ajans Haber Agency News

Motherland Party (Anavatan Partisi) Partisi) (Anavatan Party : Motherland Ankara News Agency (Ankara Haber Haber (Ankara Agency News : Ankara

Independent Communication Network : Independent Communication Network Directive : Audiovisual Media Services İhlas News Agency (İhlas Haber Ajansı) Haber (İhlas Agency News : İhlas Rights Human of Court : European : Council of Europe (Cihan Haber Agency News : Cihan : Information Communication and Konseyi) (Basın Council Press : The Press of General Directorate : The (Adalet : Justice Development and Party - Co-opera and : Organization for Security : Woman’s Group Watch Media (İnsan Platform Joint Rights Human : The Anadolu Agency (Anadolu Ajansı) (Anadolu Agency Anadolu (Bağımsız İletişim Ağı) İletişim (Bağımsız Ajansı) (Avrupa İnsan Hakları Mahkemesi) (Avrupa Hakları İnsan Ajansı) Kurumu) ve İletişim jileri Technologies Teknolo (Bilgi Authority Kurumu) İlan (Basın Advertisement Partisi) ve Kalkınma İşbirliği Teşkilatı)İşbirliği ve in(Avrupa Europe tion Güvenlik Platformu) Ortak Hakları - RVD RP RK RATEM PKK TİAK SGK RTÜK TGC TİB TK TurkStat TRT TMSF Welfare Party (Refah Partisi) (Refah : Welfare Party : Telecommunications (Teleko Authority The Competition Authority Competition : The

: Turkish Radio Television Corporation Journalists Association of Turkey of Association : Journalists Social Security Institution (Sosyal (Sosyal Institution Security : Social Advertisers’ Association of Turkey of Association : Advertisers’ Turkish Television Viewing Research : Turkish Research Television Viewing : RadioTelevision and Supreme Council Savings Deposit Insurance Fund Insurance Deposit : Savings

Turkish Statistical Institute (Türkiye (Türkiye Institute : Turkish Statistical : RadioTelevision and Broadcasters İşçi (Kürdistan Party Workers’ : Kurdistan : Telecommunication Communication Yayıncıları Meslek Birliği) Birliği) Meslek Yayıncıları Televizyon ve (Radyo Union Professional Partisi) Güvenlik Kurumu) Güvenlik ve Televizyon Kurulu) Üst (Radyo (Reklamverenler Derneği) Başkanlığı) (TelekomünikasyonPresidency İletişim Kurulu) Araştırma ve İzleme (Televizyon Committee (Türkiye Gazeteciler Cemiyeti) İstatistik Kurumu) İstatistik Televizyon Kurumu) Radyo (Türkiye Fonu) ve Sigorta Mevduatı (Tasarruf Kurumu) münikasyon -

5 6 Table of Contents

ACKNOWLEDGMENTS, 8

TESEV’S PRESENTATION, 9

EXECUTIVE SUMMARY, 10

1. INTRODUCTION, 11

2. MEDIA POLICY MAKING IN TURKEY: ACTORS, VALUES, PROCESSES, 15

3. THE STRUCTURE OF TURKISH MEDIA MARKET, 21 3.1 Media ownership: The legal and political framework, 23 3.2 Competition in media market, 26 3.3 State intervention in the media: Subsidies, official advertisements, 30 3.4 Public Service Broadcasting, 31 3.5 The impact of EU integration in media policy making, 32

4. MEDIA CONTENT: THE REGULATORY FRAMEWORK AND COURT DECISIONS, 33 4.1 Media specific laws, 35 4.2 Penal laws, 39 4.3 National courts, 40 4.4 The ECtHR on media freedom in Turkey, 43

5. THE JOURNALISTIC PROFESSION, 47 5.1 Political pressure, patronage and self-censorship, 49 5.2 Media ethics and self-regulation, 52 5.3 The Working Conditions of Journalists, 54

6. MEDIA LITERACY AND TRANSPARENCY REQUIREMENTS, 57

7. CONCLUSION , 61

BIBLIOGRAPHY, 66

ANNEXES, 73 Annex 1. List of interviews conducted as part of this research project, 75 Annex 2. List of discussion groups organized as part of this research project, 76 Annex 3. Which media group owns which companies, 2012, 77

ABOUT THE AUTHORS, 82 8 their time and intellectual output. intellectual and time their for them to grateful are we report; this of version earlier an on feedback invaluable provided Önderoğlu Erol and Katırcıoğlu Erol us. with data research their shared generously who Mindshare, of Balcı Önder of support the without this achieve to able been have not would We process. discouraging and achallenging is market media the regarding data to access Turkey, in media the of economy political the on working researchers For thoughts. and knowledge their shared having for journalists and members society civil academics, sector, of the media representatives agencies, regulatory media various from officials the thank to like We would project. media TESEV’s of part as organized workshops of participants the of contributions the by inspired were report this of conclusions and findings The Acknowledgments TESEV’s Presentation TESEV’s “centre” defined by the state, the media also repre also media the state, the by “centre” defined The depiction of the media as the fourth estate by the the by estate fourth the as media the of depiction The This situation also gained an identity-based meaning meaning identity-based an gained also situation This Etyen Mahçupyan, Mahçupyan, Etyen On the contrary, each community started to have to their started community each contrary, the On On the other hand, with the broadening of the area of of area the of broadening the hand, with other the On an oligopolistic structure while gaining a denomina a gaining while structure oligopolistic an relations made has Republic the by systematized and and pluralisation was experienced in the media. media. in the experienced was pluralisation and societal system. While this situation reflects a limited alimited reflects thissituation While system. societal sented the identity-related aspect of this centre. aspect the identity-related sented unrealistic in Turkey since the tutelary regime set up set regime in Turkeyunrealistic tutelary the since Unfortunately, this situation did not imply atransfor didnot Unfortunately, thissituation Using the political power to take advantage of cyclical cyclical of advantage take to power Using political the created monopolist advantages. advantages. monopolist created towards evolving media in the resulted opportunities Hence, there was born a media world that otherized otherized that world amedia born was there Hence, the of voice the as acted Toit that Republic. extent the Hence, media organs started to see themselves as as themselves see to started organs media Hence, reality even in Western countries, it is almost entirely entirely is almost it countries, in Western even reality mation in the mentalities or a pluralist perspective. perspective. apluralist or mentalities in the mation privileges and concessions by advocating laicism and and laicism advocating by concessions and privileges issues. national and ideology official the of aconveyor as press politics within the last two decades, a diversification adiversification decades, two last the within politics sector. the corrupted rapidly that approach an ment, govern the with bargain could that actors political within the community structure reinforced by the the by reinforced structure community the within the positioned and media for the vital army the with theory of democracy makes a reference to an idealized idealized an to areference makes democracy of theory towards the other areas of the economy where it it where economy the of areas other the towards expanding time same the at and character, tional Turkish identity. the ethnic gained that and centre, the outside were who those TESEV Democratization Program Democratization TESEV - - - - Turkey’s democratization... Today, Turkish the the that is seen it faces media TESEV has released within its Media and Democracy Democracy and Media its within released has TESEV that publications of aseries of third is the report This The democratization of the media is vital in terms of of in terms is vital media the of democratization The demands find their voice in the public domain. And And domain. public in the voice their find demands comprehensive field work, this third report situates situates report thisthird work, field comprehensive oncreating independent supervision an civilian and in acountry place is taking thissituation more, What’s manipulation social from habits many and media, own ments, as much as it faces problems stemming from from stemming problems faces it as much as ments, govern from and state the from pressure of problem ment of journalistic freedom in Turkey. freedom journalistic of ment that We hope infringe in the journalists and courts owners, media agencies, regulatory actors, political by played role the of analysis acritical offers and context historical media independence freedom and in Turkey within a a and reports earlier the Building upon area. research necessary... is also politics of domain the with parallel social ensuring that and bureaucracy and politics the to is foreign that law of anotion maintains is one of the main building blocks that will ensure will that building blocks main the of is one Yet a time, same competition. the at of ing rules choices. ideological and structures owncapital its triggering a discussion on the domain of media, which which media, of domain the on adiscussion triggering in contribution ameaningful offer will report the in media the of mentality in the transformation function actually as well as structure, ownership the in and framework legal achange in the this requires that and in place laws democratic put cannot still that sector. whole the of trait common the became censorship voluntary to freedom of expression and of media. media. of and expression of freedom - - -

9 10 The shortcomings of the regulatory framework to to framework regulatory the of shortcomings The The coup d’état in 1980 and the concomitant economic economic concomitant the and d’état coup in 1980 The Executive Summary Summary Executive government. and non-state actors who claimed to act in the name name in the act to claimed who actors non-state and state formation modernization, and state opponent economic crisis in 2001. Big media groups, which had had which groups, Big media in 2001. crisis economic encouraged big corporations to regard themselves as as themselves regard to big corporations encouraged dominated all fields of the media. The high concen high The media. the of fields all dominated disciplinary tool against the press in processes of of in processes press the against tool disciplinary cross-mergers, as well as the lack of measures that that measures of lack the as well as cross-mergers, of ‘state interests.’ Media ownership was restructured following the the following restructured was ownership Media Media policy in Turkey has shaped the media-state in Turkey media-state the shaped policy Media has promote press freedom and diversity in the media has has media in the diversity and freedom press promote media sector with the entry of new investors. Follow investors. new of entry the with sector media possible due to the inadequacy of legal barriers to to barriers legal of inadequacy the to due possible regulations were often employed as an effective effective an as employed often were regulations While period. Ottoman late in the newspaper first the of establishment the since relationship legitimate political actors that can bargain with the the with bargain can that actors political legitimate liberalisation changed the ownership structure of the the of structure ownership the changed liberalisation investments in the financial and banking sectors, sectors, banking and financial in the investments ing in public tenders in other sectors of the economy. the of sectors in other tenders ing in public journalists have constantly been suppressed by state state by suppressed been have constantly journalists ing in the 1990s, big conglomerates expanding expanding big conglomerates ing 1990s, in the broadcast on monopoly state of ing abolishment the were particularly affected by the crisis; some being being crisis; some the by affected particularly were would prevent from media participat conglomerates trated market structure in the media was made made was media in the structure market trated mergers horizontal and havethrough vertical - - - - ‘opponent’ or ‘proponent’ to the government. The lack of a strong pro-democracy social movement; social of a strong pro-democracy lack The lack the and unionization to obstacles structural The Justice and Development Party ( Justice Development and Party government – future and governments –powerful too and freedom of the press waiting to be executed by by executed be to waiting press the of freedom and on media process accession freedom, there dozens are and activist groups started to watch the media in media the watch to started groups activist and stream media was reconfigured ideologically as either either as ideologically reconfigured was media stream social monitoring of the media. In the absence of a of absence In the media. the of monitoring social discrimination, racism and hate speech. speech. hate and racism discrimination, of ECtHR judgments regarding freedom of expression expression of freedom regarding judgments ECtHR of of democracy within political parties render the parties within political of democracy ethics. exploita labour to lead profession in the solidarity of order to expand the culture of diversity and to reduce reduce to and diversity cultureof the expand to order completely wiped out of the market, while others others while market, the of out wiped completely vis-à-vis the owners and political power are particu are power political and owners the vis-à-vis vis-à-vis the society and the media. On a positive note, note, apositive On media. the and society the vis-à-vis Partisi- Notwithstanding the limited positive effects of the EU the of effects positive limited the Notwithstanding however, there is a growing awareness on the need for need the on however, awareness is agrowing there larly affected by the political polarisation in the media. media. in the polarisation political the by affected larly institutional weakness of the parliament; and the lack lack the and parliament; the of weakness institutional widely accepted and established self-regulatory self-regulatory established and widely accepted were seized by the state transferred. Shortly after the the after Shortly transferred. state the by seized were the Turkish state. Journalists who are powerless powerless are who Turkishthe Journalists state. the ideological conservatism of the judiciary; the the judiciary; the of conservatism ideological the media of violations and content quality tion, low framework, various nongovernmental various framework, organizations AK Parti ) came to power in 2002, the main the in 2002, power to ) came Adalet ve Kalkınma Kalkınma ve Adalet - - - 1. Introduction

1. Introduction Introduction 1. The media in Turkey has been in the limelight in recent in recent in Turkey media limelight in the The been has globalization and democratization produced various produced various democratization and globalization and social transition, and was acutely divided along acutely divided transition, social and was and the when atime at actor acritical be to proved again Turkish the of over media politicization extreme and affairs in interdependent the media relation its and affairs side various media organs chose to align with in this with align to chose organs media various side ship with the state cannot solely be explained by the the by explained be solely cannot state the ship with ideological and technological structural, significant liberalisation, economic of processes simultaneous understood with a due account of the historical historical the of account adue with understood developments of the past three decades. The political political The decades. three past the of developments conflict is not simply a matter of political preference; preference; political of simply amatter is not conflict political of process undergoing ahistoric was country origins of the media in Turkey. media the of origins the media, the of structure ownership and economy of state current hand, the other the On change itself. foroutcomes the media sector, undergone which has a years. Though historically the media has never been been never has media the historically Though years. vulnerability of journalists vis-à-vis their bosses and and bosses their vis-à-vis journalists of vulnerability Research on mediaResearch independence freedom of and political transition taking place in the country since since country in the place taking transition political more than an analysis of the regulatory framework. It framework. regulatory the of analysis an than more Turkey, particularly country, and in any requires press and explained be only can truth the of pursuit internal ideological polarization, the sharp divisions and power political of influence immune the to it is a reflection of the deep social, economic and and economic social, deep the of is areflection it is the political and ideological factors that lie behind behind lie that factors ideological and political is the the rift between the military and the government. The The government. the and military the between rift the once media The is unprecedented. decade last the the early 1980s. The consecutive and at times times at and consecutive The 1980s. early the the content and implementation of these laws that that laws these of implementation and content the than rather laws, repressive and anti-democratic the in media independent for an amotive of absence the - ‘mentality’ that shapes content regulation as a as regulation content shapes that ‘mentality’ The report aims to analyze and explain the actors and and actors the explain and analyze to aims report The This report is an attempt to understand the media the media understand to is attempt an report This Since the major problems facing the media in Turkey media the facing problems major Since the actors and values that affect the making of media media of making the affect that values and actors freedom and independence in independence Turkey and acritical through freedom significant obstacle to journalistic freedoms. The The freedoms. journalistic to obstacle significant the four discusses part system, legal the from stem implementation of and such policies; thesubstance owners and the political power is also the result of a of result the is also power political the and owners competition. In part three, the structure of the media media the of structure the three, In part competition. and regulation in shapingstructural corporations in speech hate and discrimination combat to efforts conditions for self-regulation ethical of journalists; working the media; the of structure ownership the understand to attempt is an report This country. an circumstances which under and why explain can analysis of the state-media relations. analysis relations. of the state-media vulnerable position of journalists vis-à-vis media position of journalists vulnerable processes of media policy making in Turkey; making policy the media of processes relations. state-media the of analysis for acritical lens historical market and the conducts of big players are examined examined are big players of conducts the and market big of role significant the highlighting policies, lack of horizontal solidarity in the profession. In part In part profession. in the solidarity horizontal of lack legal framework governing media content; the the governing content; media framework legal media on constraints economic and political legal, issues self-censorship; and the emerging and social toindependent emerge free and media in fails a given the media. Part two of this report focuses on the the on focuses thisreport of two Part media. the freedom and independencefreedom and in Turkey through a from the perspective of democracy and diversity. and of democracy from the perspective

13 14 The report is based on a review of the relevant relevant the of areview on is based report The Additionally, we conducted one-on-one interviews Additionally, interviews we one-on-one conducted 1 groups. access rate of television (98 per cent) long per and (98 television of rate access standards and practices are reviewed. Finally, part six Finally, reviewed. part are practices and standards opportunities created by campaigns of advocacy advocacy of campaigns by created opportunities thisclass of methodology teaching the and content of regulatory agencies and policy makers. makers. policy and agencies regulatory of main media actors in Turkey. actors media main workshops Six closed the discusses issue, this part ideological and political Taking media issues. that account serious into raise private media who are directly or indirectly concerned concerned indirectly or directly are who media private looks at media literacy in Turkey. literacy media at high the Considering looks literature, legal research and discussions with the the with discussions and research legal literature, a also but education, of amatter only is not literacy in primary education deserves close scrutiny. Both the the scrutiny. Both close deserves education in primary watching initiated education hours, the media literacy were organised as part of the fieldwork, bringing bringing fieldwork, the of part as organised were with media professionals, journalists, representatives media representatives with professionals,journalists, mediawith independence freedom and in Turkey. together a total of 41 individuals from public and and public from 41 of individuals atotal together five, the working conditions of journalists, journalistic journalistic journalists, of conditions working the five, ‘Media and regulatory high bodies: The status of legal and and legal of status The bodies: high regulatory and ‘Media media the in conditions working and relations ‘Labour Workshops organized: ‘Media and democratisation’ democratisation’ and ‘Media organized: Workshops governance regulations’ (Ankara, 18/10/ 2011). 18/10/ (Ankara, regulations’ governance competition relations in the media sector: The present present The sector: media the in relations competition and the future of the sector’ (Istanbul, 21/4/2011); and and 21/4/2011); (Istanbul, sector’ the of future the and structure and authority of the Radio and Television Television and Radio the of authority and structure the on legislation new ‘The 21/12/2010); (Ankara, sector’ (Istanbul, 8/10/2010); ‘Human resources problems and and problems resources ‘Human 8/10/2010); (Istanbul, Supreme Council’ (Istanbul, 11/3/2011); ‘Investment and and ‘Investment 11/3/2011); (Istanbul, Council’ Supreme the future of the media sector’ (Ankara, 18/12/2010); 18/12/2010); (Ankara, sector’ media the of future the 1

2. Media Policy Making in Turkey: Actors, Values, Processes

Actors, Values, Processes Values, Processes Actors, 2. Media Policy Making in Turkey: The legal chaos ensuing from the rapid deregulation of of deregulation rapid ensuing the from chaos legal The Turkey did not have a regulatory framework governing framework Turkey have didnot aregulatory Magic Box Magic 3 2 stations were launched one after another in blatant in blatant another after one launched were stations sector. Despite a constitutional ban on private private on ban aconstitutional sector. Despite media the enter to big corporations ship encouraged direct control over the media. In 1983, the coming to the In 1983, media. the over control direct economy, the of sectors in all state the of domination disregard of the constitution (Elmas and Kurban, 2010). 2010). Kurban, and (Elmas constitution the of disregard various other private broadcasters; radio and television television and radio broadcasters; private other various Partisi-ANAP Europe. This resulted in the entry into the market of of market the into entry in the resulted This Europe. new government’s entrepreneur for private support in Turkey’s aturning point marked economy. ANAP’s ( Party Motherland neoliberal the of power the to owing 1990s, mid the until content media rise to the need for a regulatory framework to govern govern to framework for aregulatory need the to rise broadcasting, Turkey’s first private television station, station, television Turkey’s private first broadcasting, broadcasting law, no. 3984, broadcasting liberalization and adopted free-market reforms. The The reforms. free-market adopted and liberalization economic of Turgut aprocess initiated leader Özal low number of actors which entered the sector’ gave sector’ the entered which actors of number low including the media. Until mid 1980s, the state had had state the 1980s, mid Until media. the including the market. the the to due ‘emergence the cartels of and media the the RadioTelevision and Supreme Council ( ‘Media and regulatory high bodies: The status of legal and and legal of status The bodies: high regulatory and ‘Media Radyo ve Televizyonların Kuruluş ve Yayınları Hakkında Hakkında Yayınları ve Kuruluş Televizyonların ve Radyo Bilgi Istanbul at economics of professor Katırcıoğlu, Erol on 15 February 2011. February 15 on governance regulations’, Ankara, 18/10/2011. Ankara, regulations’, governance Gazette no. 21911, 20 April 1994. The law was repealed repealed was law The 1994. April 20 21911, no. Gazette with the adoption of the new Broadcasting Law, no. 6112, 6112, Law, no. Broadcasting new the of adoption the with of topic the on workshop the of minutes University, Enterprises and their Broadcasts], no. 3984, Official Official 3984, no. Broadcasts], their and Enterprises Television and Radio of Establishment the on [Law Kanun , was launched in 1990 via satellite from from satellite via in 1990 launched , was 2 This resulted in the adoption of the first first the of adoption in the resulted This ) following the end of the military rule rule military the of end the ) following 3 and the establishment of of establishment the and Anavatan Anavatan Radyo ve ve Radyo - 4 The politically nationalist and culturally conservative conservative culturally and nationalist politically The The politically nationalist and culturally conservative conservative culturally and nationalist politically The Televizyon Üst Kurulu-RTÜK Üst Televizyon and the right to privacy. Where the inherent tension tension inherent the Where privacy. to right the and values endorsed in the legal framework have diffused into framework inhave the legal endorsed diffused values adoption of the law. the of adoption adoption of a new broadcasting law in accordance in accordance law broadcasting anew of adoption principal the decade, past In the regulations. and service to freedom of expression, freedom of the press press the of freedom expression, of freedom to service the media policy making process. making policy the media (hereon referred to as the Directive or the EU Direc the or Directive the as to referred (hereon values endorsed in legal theand endorsed constitutional values make a clear choice on the side of the protection of of protection the of side the on choice aclear make makers policy surface, to comes goals these between process. Relevant ministries, agencies and institu and agencies ministries, Relevant process. most recent example of this phenomenon was the the was thisphenomenon of example recent most EU’s the with acquis laws the harmonize to need rules with complied they sure that make to and nies was law the in adopting concern main policymakers’ needs of private broadcasters amidst rapid techno rapid amidst broadcasters private of needs logical improvements was also influential in the in the influential also was improvements logical inspecting of the radio and activities televisions.’ with the EU’s Audiovisual Media Services Directive Directive EU’s Services the Media with Audiovisual the family, nation and the state over the individual. individual. the over family, state the the and nation to these principles, while at the same time paying lip time same the at while principles, these to adhere strictly regulation for media responsible tions trigger behind policymaking in the media has been the the been has media in the policymaking behind trigger compa audio-visual private of content the control to tive) consideration The of inthe commercial 2011. framework have diffused into the media policy making making policy media the into have diffused framework Constitution Art. 133. 133. Art. Constitution ) for ‘regulating and and ) for ‘regulating . The . The 4 The The - - - -

17 18 As in all other areas, policy making in in making the media Turkey policy other in areas, all As priorities set by are the executive. is a centralized and bureaucratic process where values and and where values process bureaucratic and is acentralized Again, generally speaking, the parliament has a very avery has parliament the speaking, generally Again, As in all other areas, policy making in the media in Tur media in the making policy areas, other in all As 7 account their feedback. The reactive political culture political reactive The feedback. their account and inspect the activities and transactions of autono of transactions and activities the inspect and monitor to EU Affairs the of Ministry the authorizes agencies’ substantive issues takes place in the parliament and, parliament in the place takes issues substantive 5 dance with strict party discipline which dominates the the dominates which discipline party strict with dance decree adopted on 17 however, August 2011, decree adopted now criticism whereas the government intocriticism takes whereas rarely opinions through constructive than accusations rather of media regulation. media of change remain to be seen, the shift in authority ‘is ‘is in authority shift the seen, be to change remain vote in line with party politics. Little discussion on on discussion Little politics. party with in line vote values and priorities are set by the executive. Until Until executive. the by set are priorities and values political culture in Turkey, parliamentarians very often often culturein Turkey, very political parliamentarians partisan. Opposition parties often express Opposition often partisan. their parties mous regulatory agencies – including those in charge in charge those –including agencies regulatory mous of in charge organ executive principal the mid-2011, where process bureaucratic and key is acentralized perceived as an intervention to the autonomy of these these of autonomy the to intervention an as perceived limited role in policy making in the media. In accor media. in the making in policy role limited 6 to the extent that it does, it remains extremely extremely remains it does, it that extent the to the media was a Ministry of the State. An executive executive An State. the of aMinistry was media the the government.’the An official at a media regulatory agency, minutes of the the of minutes agency, regulatory amedia at official An Hakkında Görevleri ve Teşkilat Bakanlığının Birliği Avrupa Katırcıoğlu, ‘Media and regulatory high bodies: The The bodies: high regulatory and ‘Media Katırcıoğlu, Ankara, 18/10/2011. Ankara, and Laws Certain to and Affairs Union European of status of legal and governance regulations’ workshop. regulations’ governance and legal of status Concerning the Organization and Powers of the Ministry Ministry the of Powers and Organization the Concerning Law of Force with Decree the to Amendments Concerning no. 28028, 17 August 2011, Article 45. Article 2011, August 17 28028, no. workshop on the topic of ‘Media and regulatory high high regulatory and ‘Media of topic the on workshop Kanun Hükmünde Kararname [Decree with Force of Law Law of Force with [Decree Kararname Hükmünde Kanun Dair Yapılmasına Değişiklik Kararnamelerde Hükmünde Kanun ve Kanun Bazı ile Kararname Hükmünde Kanun Decrees Having the Force of Law] no. 649, Official Gazette, Gazette, Official 649, no. Law] of Force the Having Decrees bodies: The status of legal and governance regulations’ , regulations’ governance and legal of status The bodies: 6 and a ‘strategic policy change on the part of of part change the on policy a‘strategic and 7

5 While the implications of this of implications the While - - - Turkey: ‘The political branch replaces and reaffirms reaffirms and replaces branch Turkey: political ‘The of bureaucratic independenceThe impartiality and been has in lawmaking minimal role parliament’s The 9 11 10 and cable broadcasting; supervising broadcasting broadcasting supervising broadcasting; cable and allocating licences and for permits terrestrial, satellite have been autonomy and impartiality whose agency dance with the political priorities of the government, government, the of priorities political the with dance often not reflected in the policy output. policy in the reflected not often is collected input the does, it where and media, the on parlia the by enacted laws to opposed as cabinet, content; responding to and audience complaints; of lawmaking and the legislative workload caused by by caused workload legislative the and lawmaking of Party ( Party regulatory agencies have been contested all along in along all contested have been agencies regulatory mentioned above. During the policy making process, process, making policy the During above. mentioned no. 649 decree executive the of adoption is the media in the thisstrategy of example recent most The ment. by through the executive adopted ments decrees amend legislative make to strategy recent ment’s most fiercely contested is RTÜK. Tasked with is RTÜK. contested fiercely most needs arising from the rapidly changing media sector. media changing rapidly the from arising needs from timelyparliament responding to the unforeseen parliament. limited; they are tasked with preparing drafts in accor drafts preparing with tasked are they limited; 8 itself through these authorities.’ through these itself acquis communautaire EU’s the with acquis which then finalizes these before submission to the the to submission before these finalizes then which tory agencies’ role in policy making is also quite quite is also making in policy role agencies’ tory the government rarely consults civil society working working society civil consults rarely government the the need to harmonize the national legal framework framework legal national the harmonize to need the further restricted by the Justice and Development Development and Justice the by restricted further

Katırcıoğlu, ‘Media and regulatory high bodies: The The bodies: high regulatory and ‘Media Katırcıoğlu, An official from a media regulatory agency, minutes of the the of minutes agency, regulatory amedia from official An communications, of professor Cankaya, Özden An official from a media regulatory agency, ‘Media and and ‘Media agency, regulatory amedia from official An governance regulations’ workshop. workshop. regulations’ governance Istanbul, 11/03/2011. 11/03/2011. Istanbul, authority of the Radio and Television Supreme Council’ Council’ Supreme Television and Radio the of authority status of legal and governance regulations’ workshop. regulations’ governance and legal of status Television and Radio the of authority and structure Galatasaray University, minutes of the workshop on the the on workshop the of minutes University, Galatasaray regulatory high bodies: The status of legal and and legal of status The bodies: high regulatory Supreme Council’ Istanbul, 11/03/2011. Istanbul, Council’ Supreme the on legislation new ‘The of topic the on workshop topic of ‘The new legislation on the structure and and structure the on legislation new ‘The of topic AK Party Partisi- Kalkınma ve Adalet 10 11 Undoubtedly, the prevent the the prevent 9 The regula The ) govern ) - - - - 8 -

The agency has nine members elected by the parlia the by elected nine members has agency The Though both the law and the agency’s executive executive agency’s the and law the both Though Though defined in the constitution and its founding in its the and constitution defined Though 14 13 12 agency such powers. agency and freedoms and furthering public interest. A recent Arecent interest. public furthering and freedoms and actions against animals, against actions sions. The decisions of the agency are open to judicial judicial to open are agency the of decisions The sions. dates nominated by political parties. The number of of number The parties. political by nominated dates does RTÜK report, in the later detail indiscuss greater court on the ground that the law did not grant the the grant didnot law the that ground the on court example was RTÜK’s failed attempt to sanction sanction to attempt RTÜK’s failed was example rights protecting of name is in it the if even courts, by prevented be can norms new introduce to efforts RTÜK’s mandate extends to both radios and televi and radios both to extends RTÜK’s mandate RTÜK’s of conten a been matter independence has number of members it has at the parliament. parliament. the at has it members of number is dependent on the party nominees by each proposed candi of apool from six years of for aperiod ment approach rights-based asimilar adopt always not parliament and its powers are limited to sanctioning sanctioning to limited are powers its and parliament regulation prohibit broadcasts encouraging harmful prohibitregulation broadcasts animals. against violence displaying broadcasts power to regulate. review. law as an autonomous public legal entity, RTÜK lacks lacks entity, RTÜK legal public autonomous an as law imposing sanctions in cases of non-compliance, non-compliance, of in cases imposing sanctions when exercising powers. sanctioning its within the substantive boundaries drawn by the the by drawn boundaries substantive the within to impose against a broadcaster were stayed by a by stayed were abroadcaster against impose to tion for a long time due to its political composition. composition. political its to due time for along tion the media (as discussed in section 4.1.). The agency’s 4.1.). agency’s The in section (as media the discussed the mandate to develop its own principles and the the and principles own its develop to mandate the

An official from a media regulatory agency, ‘Media and and ‘Media agency, regulatory amedia from official An Yönetmelik Hakkında Esasları ve Usul Yayın Hizmeti An official from a media regulatory agency, ‘Media and and ‘Media agency, regulatory amedia from official An governance regulations’ workshop. governance regulations’ worskhop. worskhop. regulations’ governance regulatory high bodies: The status of legal and and legal of status The bodies: high regulatory regulatory high bodies: The status of legal and and legal of status The bodies: high regulatory November 2011, Art. 8(l). Art. 2011, November of Substance and Principles the on [Regulation Broadcasting Services], Official Gazette no. 28103, 2 28103, no. Gazette Official Services], Broadcasting 12 Instead, it is expected to operate operate to is expected it Instead, 14 On the other hand, as we hand, as other the On 13 the sanctions it attempted attempted it sanctions the - - - - Tasked with the centralized administration of The Competition Authority ( Authority Competition The Authority has been able to examine only 10 per cent of of cent per 10 only examine to able been has Authority Authority ( Authority Intelligence Agency, the Directorate General of the Information Communication and Technologies 15 Other relevant authoritative bodies include bodies the authoritative relevant Other Communication ( Presidency RTÜK’s independence has been a matter of for contention amatter been RTÜK’s has independence and the high number of complaints it receives from all all from receives it complaints of number high the and autonomous regulatory body tasked with enforcing with tasked body autonomous regulatory are appointed by the cabinet. The parliament also also parliament The cabinet. the by appointed are havein the not arole does parliament autonomy. The sectors create a heavy workload. As of April 2011, the the 2011, April of As workload. aheavy create sectors solely to the government. tothe Telecommunicationssolely The upon request, with the courts and prosecutors. prosecutors. and courts the with request, upon officials of the Authority, this situation confirms the the confirms thissituation Authority, the of officials economy, the of sectors in all rules competition of the internet. It enjoys administrative and financial financial and It administrative enjoys internet. the of a long time due to its political composition.a long time its political to due Police and the Gendarmerie Central Command. Central Police the and Gendarmerie required to share the information it gathers with the the with gathers it information the share to required need forneed developingfor rules competition the specific pursuant to a 2005 amendment in the Police Law Police in the amendment a2005 to pursuant Başkanlığı-TİB (seven) its of who members, selection the of process lacks powers to oversee the agency, which reports agency, the reports which oversee to powers lacks including the media. The authority’s broad mandate mandate broad authority’s The media. the including intelligence, the gendarmerie and the police and, which is tasked with the supervision and sanctioning sanctioning and supervision the with is tasked which the agency are the representatives of the National National the of representatives the are agency the telecommunications sector. Among theof members in the enforcement law of purpose specific the telecommunication wiretapping in Turkey, wiretapping telecommunication is TİB the applications it has received. According to the the to According received. has it applications the

Bazı Kanunlarda Değişiklik Yapılmasına Dair Kanun [Law [Law Kanun Dair Yapılmasına Değişiklik Kanunlarda Bazı on the Amendment of Certain Laws], no. 5397, 3 July 2005, 2005, 3July 5397, no. Laws], Certain of Amendment the on Official Gazette no. 25884, 23 July 2005, Art. 1. Art. 2005, July 23 25884, no. Gazette Official Bilgi Teknolojileri ve İletişim Kurumu-BTK İletişim ve Teknolojileri Bilgi ) is a part of BTK. It was founded founded It was BTK. of ) is apart Rekabet Kurumu Telekomünikasyon İletişim İletişim Telekomünikasyon ) is an ) is an 15 for for ), ),

19 20 The Directorate General of Press Advertisement ( of Press Advertisement General Directorate The media and more effective supervision supervision effective more and media 16 geographical diversity of society and the improvement improvement the and society of diversity geographical as a positive development in terms of the promotion promotion the of in terms development apositive as agreement with RTÜK on using the 3 per cent contri cent using on 3per the RTÜK with agreement due toa the state-dependent censorship effect advertisements and announcements to the print announcements and advertisements strengthen the local media. This has been evaluated evaluated been has This media. local the strengthen structure of the agency. Nevertheless, in recent years, years, in recent agency. the Nevertheless, of structure İlan Kurumu-BİK İlan of the quality of local journalism. journalism. local of quality the of of representation better the media, local the of of the agency have been contested issues ever since it it since ever issues contested have been agency the of BİK has allocated a significant portion of its activities activities its of portion asignificant allocated BİK has bution the latter collects from television channels to to channels television from collects latter the bution mechanisms. prohibit advertisements toit any publication deems prohibit advertisements media. The legitimacy, function, and lack of autonomy autonomy of lack and function, legitimacy, The media. was founded. The fact that BİK has the powers to to powers the BİK that has fact The founded. was to strengthening the local press. It has come to an an to come It has press. local the strengthening to create can asanction as ethics media haveto violated

An official from the Competition Authority, minutes of the the of minutes Authority, Competition the from official An of the sector’, Istanbul, 21/04/2011. Istanbul, sector’, the of relations in the media sector: The present and the future future the and present The sector: media the in relations workshop on the topic of ‘Investment and competition competition and ‘Investment of topic the on workshop 16 ) is tasked with allocating official official allocating with ) is tasked Basın Basın - 3. The Structure of Turkish Media Market

3. The3. Structure of Turkish Media Market The high concentrated market structure in the media media in the structure market concentrated high The This situation changed eco considerably the 2001 with 1960s, journalism in Turkey has been led by a small asmall in Turkeyby led journalism been has 1960s, Savings Deposit Insurance Fund ( Insurance Deposit Savings Since the launch of the first newspaper in the Otto in the newspaper first the of launch Since the Sigorta Fonu Sigorta among others. There are no barriers for preventing for preventing barriers no are There others. among group of journalists or journalist families who have who families journalist or journalists of group also had a leading role in the social and political political and social in the role aleading had also setting up cartels and engaging in promotion wars. wars. in promotion engaging and up cartels setting (Sönmez, 2003; Bek, 2004; Adaklı, 2006). Almost all all Almost 2006). Adaklı, 2004; Bek, (Sönmez, 2003; non-media for their groups the by aweapon as used cross-mergers, as well as the investments of the the of investments the as well as cross-mergers, either. Consequently, while public interest is sacrificed is sacrificed either. interest Consequently, public while dominated by a few which conglomerates, increased completely wiped out while others were seized by the the by seized were others while out wiped completely casting, the Turkish media market started to be be to Turkish the started market media casting, entry of other actors into the sector and changed the the changed and sector the into actors other of entry big media groups have investments in the energy, energy, in the have investments groups big media Today, sectors. in other owners ‘mediamedia that is to barriers legal of inadequacy the to due been has particularly affected by the crisis; some of them were were them of crisis; some the by affected particularly had which groups media sector. Those banking the of regulation ensuing the state and crisis nomic by mergers, pursuedstrategies and competition man Empire to the industrialisation of the press in the in the press the of industrialisation Empirethe to man profile of investors (owners) of the media. In the 1990s, (owners) 1990s, In the media. investors the of of profile the catalyzed 1980s in the liberalisation The republic. the of foundation change during of the processes investments’ is opinion a widely accepted investments’ in Turkey investments in the financial and banking sectors were were sectors banking and financial in the investments with the termination of state monopoly over broad over monopoly state of termination the with these groups from participating to public tenders tenders public to participating from groups these telecommunications, sectors or construction financial their economic power through vertical and horizontal horizontal and their economic power through vertical - TMSF ) established by the government. the by ) established Tasarruf Mevduatı Mevduatı Tasarruf - - - Almost all biggroups have media all Almost investments in various There are no legal restrictions on ownership of the the of ownership on restrictions legal no are There 3.1 government than rather power profit, and for political allocations were scheduled to begin in 1997. At the begin to scheduled were allocations 8 after enterprises radio from and 1995 April 28 after any accepting be not would it that announced agency such frequencies, however, never completed been has 26 Article to pursuant licensingrequirement to subject sectors of the economy. There are no barriers for preventing of the economy. no barriers are sectors There these groups from participating to public tenders. groups to these participating from or finite resources, i.e. frequencies. The allocation of of allocation The frequencies. i.e. resources, finite or scarce use they that grounds the on constitution the of office of the local Chief Prosecutor. Chief local the of office During the National Security Council meeting on 28 28 on meeting Council Security National the During Partisi December 1995 (Atabek, 1999). 1995 December Tenders for frequency hand, are other the on companies, Broadcasting Press Law, whereby the outlet is required to provide provide to is required Law, outlet the Press whereby new licence applications from television enterprises from enterprises television applications new licence The first. planning frequency developing of name basic information about its printing facilities to the the to facilities printing its about information basic the 7of Article by prescribed procedure registration in Turkey. a to only press is subject sector print The perform its watchdog function. function. watchdog its perform in Turkey. In 1995, RTÜK halted the process in the in the in process Turkey. the halted RTÜK In 1995, the military and the Islamist Welfare Party ( Party Welfare Islamist the and military the between conflict escalating the to owing turbulence Turkeytime, political goingamajor through was for business interests, the media competes with the the with competes media the interests, for business framework political and M ), the junior partner of the coalition government. government. coalition the of junior partner ), the edia ownership : T legalhe Refah

23 24 The predicament regarding the allocation of frequencies of frequencies the allocation regarding predicament The broadcasting media. media. broadcasting major obstacle to diversity and pluralism in pluralism and diversity the major to obstacle the market,a to creating entry to abarrier created has Telecommunications ( Authority The predicament regarding the allocation of frequencies frequencies of regarding predicament allocation the The Among these measures was the requirement for media for media requirement the was measures these Among In 2001, RTÜK decided to resume the tenders, starting starting tenders, the resume to decided RTÜK In 2001, 18 17 State ( State diversity and pluralism in the broadcasting media. media. broadcasting in the pluralism and diversity Kurumu clearance security get anational to executives and owners Partially to solve this problem, the new Broadcasting Broadcasting new the this problem, solve to Partially February 1997, the generals forced the government to to government the forced 1997, generals the February meantime, in 2002, a new law was adopted (no. adopted 4756), was law anew in 2002, meantime, has created a barrier by increasing the cost of entry to to entry of cost the increasing by abarrier created has regional and 212 local television channels broadcasting broadcasting television channels local regional 212 and to In addition process. planning the completed not has resign. Soon after, extreme ‘security measures’ were were measures’ ‘security after, extreme Soon resign. halted the frequency planning process. process. planning frequency the halted introduced against Islamist organizations and media. and organizations Islamist against introduced with national television enterprises, yet the Council of of Council the yet enterprises, television national with with temporary licences currently in Turkey. currently licences temporary with the market. This, in turn, has been a major obstacle to to obstacle amajor been This,in turn, has market. the transferring the task of frequency planning to the the to planning frequency of task the transferring the public broadcaster TRT, there are 23 national, 16 TRT,16 national, 23 are there broadcaster public the the ensuing bureaucratic chaos, the Prime Ministry Ministry Prime the chaos, ensuingthe bureaucratic of aresult 2005). As (Önderoğlu, broadcasts tionary’

The lawsuit filed on the grounds that this certificate, certificate, this that grounds the on filed lawsuit The This period has since been commonly referred to as ‘the ‘the as to referred commonly been since has period This grounds of national security, national interests, public public interests, national security, national of grounds not find an infringement upon freedom of the media. the of freedom upon infringement an find not media, was decided by the 13 the by decided was media, State in 2005. The court upheld the amendment on on amendment the upheld court The 2005. in State February 28 February interest and rectification of legal shortcomings, and did did and shortcomings, legal of rectification and interest issued by the Prime Ministry, hinders freedom of the the of freedom hinders Ministry, Prime the by issued Danıştay ) (Kılıç, 2002). However, agency ) (Kılıç, the thisdate, to 18 in order to prevent ‘separatist and reac and ‘separatist prevent to in order th process.’ ) issued a decision to stay. to adecision In the ) issued th Chamber of the Council of of Council the of Chamber Telekomünikasyon Telekomünikasyon - 17

share share the on focused had restrictions ownership 3984), At a time when the parliament was discussing amend was parliament the when At atime Supreme Council to bid in the tender can participate in participate can tender in the bid to Council Supreme 19 ground for legal action based on the principle of of principle the on based action for legal ground as radio and television broadcasting companies and and companies broadcasting television and radio as a shareholder in any given station could not hold more more hold not could station given in any a shareholder service provider enterprises that have been established established have that been enterprises provider service shares could not exceed 20 per cent. The law also had had also law The cent. per 20 exceed not could shares his/her of ratio total the stations, in several shares equality guaranteed under the constitution. guaranteed equality only one radio and only one television station; and (ii) and station; television only one and radio only one various ways. In the past, RTÜK has experimented experimented has RTÜK past, In the ways. various RTÜK aims to protect the interests of the old players in players old the of interests the protect to aims RTÜK planning frequency of (no.Law task the 6112) reassigned Diversity and competition are also safeguarded by safeguarded also are competition and Diversity result, along with the 2002 amendments (law no. 4756) (law amendments 2002 the with along result, lobbying against media effective companies conducted big the in 2002, regulation broadcasting the to ments prerequisites specified in the tender specifications and and prerequisites in the tender specifications specified year, one the fulfil that least for at broadcasting television and radio of field in the have operated ‘Media enterprises: television and radio for private held prevention of undue concentration can be achieved in achieved be can concentration undue of prevention The market. Turkish in the players broadcasting the behaviour that influence of frameworks regulatory broadcasting sectors. sectors. broadcasting in the broadcasting law, ratios share the broadcasting in the limited cross-ownership between the newspaper and and the newspaper limited cross-ownership between limits these ownership restrictions (Bek, 2003: 262). a As 2003: (Bek, restrictions ownership these treatment of broadcasting companies could be a be could companies broadcasting of treatment discriminate the that out point sector. Experts the priority of tender.’ amatter as that sorting the It is clear from the certificate that have a qualification obtained be to (4) 26 tender asorting requires Article RTÜK. to two different methods: In the first regulation (law no. (law regulation first In the methods: different two than 20 per cent of the shares and if he/she owned he/she if owned and shares the of cent per 20 than

An official from a media regulatory agency, minutes of the the of minutes agency, regulatory amedia from official An structure and authority of the Radio and Television Television and Radio the of authority and structure Supreme Council’ Istanbul, 11/03/2011. 11/03/2011. Istanbul, Council’ Supreme the on legislation new ‘The of topic the on workshop , whereby (i) a company was allowed to establish establish to allowed (i) was , whereby acompany were introduced introduced were 19

- Turkish broadcasting market and violated Article 167 167 Article violated and market Turkish broadcasting The current state of affairs concerning media owner media concerning affairs of state current The Accordingly, if the average annual viewing or listening listening or Accordingly, viewing annual average the if 20 amendment also removed the restrictions on cross- removed the restrictions amendment also and 30 (medium sized) national stations at the same same the at (medium 30 stations and national sized) ownership. on for restrictions measure new the as adoption of the amendments. The court cancelled the cancelled court The of the amendments. adoption as well as Articles 26 and 28 guaranteeing respec guaranteeing 28 and 26 Articles as well as markets,’ in the cartels and monopolies of agreement, granted to corporations only; political parties, trade trade parties, political only; corporations to granted stock market. Eventually, there remained no legal Eventually, legal no remained market. there stock sioned by RTÜK showed that the 2002 amendments amendments 2002 the that showed RTÜK by sioned ship regulations was introduced by the recent recent the by introduced was ship regulations unions,- professional organizations, associa co-ops, ownership and participation in the public and tenders ownership participation and or a capital group in an enterprise should not exceed 50 50 exceed not should enterprise in an group acapital or enabled a media company to own 244 local and regional regional and local 244 own to company amedia enabled of the constitution which tasks the state with the the with state the tasks which constitution the of in the monopolisation caused they that ground the on the after soon framework thislegislative changed own radio or televisionown radio stations. However, by Court the Constitutional intervention an restrictions on media ownership.restrictions commis A research per cent, indicating that the legal limit was too difficult difficult too was limit legal the that indicating cent, per 16 was time the at recorded ratio highest The cent. per person legal or areal of share capital the then percent, 20 exceeded enterprise aradio or atelevision of ratio prevention of ‘the formation, in practice or by by or in practice formation, ‘the of prevention broadcasting law (no. 6112) in 2011. Article 19 regulates regulates 19 (no. law Article 6112) in 2011. broadcasting to reach for any broadcasting company. new The broadcasting for any reach to time (Cankaya and Yamaner, and (Cankaya 240). time 2006: two clauses of Article 29 governing media ownership governing ownership 29 media Article of clauses two tively freedom of expression and freedom of press. of freedom and expression of freedom tively tions and local administrations are not allowed to to allowed not are administrations local and tions is stations television and radio establish to right the television under organizations. the previous As law, and radio of ratios share and establishment the

This obstacle, which still exists in the new law, also law, also new the in exists still which obstacle, This of communication prevents news making, education and and education making, news prevents communication of specialized broadcasting (İLAD, 2010). (İLAD, broadcasting specialized receives criticism that the broadcasting ban on faculties faculties on ban broadcasting the that criticism receives 20 However, the - - - Turkey. This provision had created a significant Turkey. asignificant created had provision This Article 19 paragraph (f) of the new law raised the cap cap the raised law new the of (f) paragraph 19 Article Introducing another major change, law no. 6112 no. change, 6112 law major another Introducing 21 another provision differing from the former law. former the from differing provision another sponsorships are regarded as criteria for protecting for protecting criteria as regarded are sponsorships Unlike the previous law, the share of commercial law, commercial of share previous Unlike the the cent commercial of all communication revenues in the preventing and competition in monopolisation the communication, revenues advertising other and licences. broadcasting terrestrial on based ownership exchange, stock the at traded be and public to opened been has broadcasting’ television and engage in radio of media service provider enterprises that foreign provider enterprises of media service number the and percent 50 to share capital foreign on obstacle to the foreign capital that started to show show to started that capital foreign the to obstacle in enterprise one than in more shares hold not could various methods were used to circumvent this ban. thisban. circumvent to used were methods various Paragraph (d) introduces a limitation on media media on alimitation (d) introduces Paragraph provision of the former law stating that ‘the produc ‘the that stating law former the of provision market. per 30 than more getting from organization media a prevent to seeks arrangement This market. media be to allowed are organizations television and radio private 19, (ç) Article of paragraph With repealed. percent of the shares of a broadcasting enterprise and and enterprise abroadcasting of shares the of percent law, a foreign investor could not own more than 25 than more own not could law, investor aforeign investors could of shareholders to two. become investors interest in the Turkish in the interest sector, anyhow media and in radio and television enterprises. Under the previousin television and enterprises. radio shareholding foreign of ratio the on cap the increased tion, investment, export, import, marketing and and marketing import, export, tion, investment, finance organizations shall not be permitted to to permitted be not shall organizations finance

‘The new legislation on the structure and authority of the the of authority and structure the on legislation new ‘The The law does not state how this share is to be calculated. calculated. be to is share this how state not does law The 11/03/2011. A RTÜK official expressed that the 3 per cent share given given share cent 3per the that expressed official A RTÜK regular metering. Minutes of the workshop on the topic of of topic the on workshop the of Minutes metering. regular monthly through limit cent per 30 the of measurement Radio and Television Supreme Council’ Istanbul, Istanbul, Council’ Supreme Television and Radio turnovers will be taken as a basis, hence allowing allowing hence abasis, as taken be will turnovers their from enterprises television and radio by RTÜK to 21 -

25 26 The advertising pie the entirely isThe divided almost between Editorial independence was never factored in the merger never factored was independence Editorial frequently led to layoffs. to led frequently big media groups in all of the subsectors (exceptbig groups of in media the subsectors all for cinema and outdoors)and of the media. and acquisition process and, as a result, the media sales aresult, sales and, the media acquisitionand as process ‘Milliyet was sold like a refrigerator factory’ (Cemal, factory’ like arefrigerator sold was ‘Milliyet 3.2. C 3.2. 35 international national 30 mergers and purchase and 2011). After the transfer of Star TV, one the biggest TV, biggest the Star one of transfer the 2011). After As a result of the liberalisation of the legal regime regime legal the of liberalisation the of aresult As Advertising revenues have demonstrated a significant significant a demonstrated have revenues Advertising Group to Doğuş Group), about 15 journalists were let go. let were Group),journalists 15 about Doğuş to Group governing media ownership, between 2002 and 2008, 2008, and 2002 governing ownership, between media gaining revenues from advertising. Not only does does only Not advertising. from gaining revenues advertising provide the main source of income for income of source main the provide advertising analysis of advertising expenditures and their their and expenditures advertising of analysis sale of the daily Milliyet, daily the of sale (Sinclair, 2006). Hence it is not possible to understand understand to possible is not it (Sinclair, Hence 2006). upward trend since 2002. According to the Association Association the to According since2002. trend upward distribution based on the subsectors and outlets that that outlets and subsectors the on based distribution commercial target that advertisers want to reach reach to want advertisers that target commercial the also are who audience, the to offered content for investors attractive sector media the makes What national television channels in Turkey channels (fromDoğan television national in the neverEditorial factored independence was reporter of the paper commented on this reality: commented of the paper on this reality: reporter media sales frequently led to layoffs. Following the the Following layoffs. to led frequently sales media the aresult, and,as process acquisition and merger media owners, but it also gives the commercial gives media media owners, but it also media owners invest in. invest owners media its characteristic look and sound, the and look orients and characteristic its and opinion public media’sis the influence to power transactions peaked in 2005 and 2006 (Sözeri, 2009). 2006 and in 2005 peaked transactions sector. These media in the place took transactions the ecosystem of the media in Turkey media the of an without ecosystem the in mediaompetition market a senior columnist and and columnist asenior The new Broadcasting Law (no. Law 6112) share the regards Broadcasting new The Association of Turkey (Reklamverenler Derneği) Turkey of Derneği) (Reklamverenler Association In order to comply this with new requirement under 22 groups in all of the subsectors (except and for cinema subsectors the of in all groups and other sponsorships as a criterion for other sponsorshipsand a criterion protecting as share of ‘others’ decreased from 23% to 20%. It is 20%. to 23% from decreased ‘others’ of share sold its second biggest television channel Star TV to to TV Star channel television biggest second its sold clear that, especially in some sectors, access to to access sectors, in some especially that, clear in Table 1, thishando forecasts the from seen be can of Advertising Agencies (Reklamcılar Derneği), they they Derneği), (Reklamcılar Agencies Advertising of commercial communication revenues in the market. all of cent per 30 than more getting from organization preventing and competition in monopolization the of commercial communication, revenues advertising outdoors) of the media. cent, it is clear that advertising revenues have the revenues advertising that is clear it cent, to increase will revenues advertising the that expects ver was insufficient to increase competition in the in the competition increase to insufficient ver was Doğuş Group (Hakan, 2012). On the other hand, as it it hand, as other 2012). the On (Hakan, Group Doğuş Broadcasters and the Competition Authority foresee Authority the Competition and Broadcasters players to increase their advertising revenues. advertising their increase to players reached about 2.5 billion USD in 2011. The Advertisers’ Advertisers’ The USD in 2011. 2.5 billion about reached provision. this of implementation in the problems potential amedia prevents provision This markets. media big media the between divided entirely is almost pie potential to increase further. However, further. same the at increase to potential 2012). Considering (Pura, 2015 USD by 5billion nearly large enough. As indicated in Table 1, the advertising in Table indicated advertising 1, the As enough. large information is controlled by the big media groups and and groups big media the by is controlled information this structure does not the enable independent does this structure for the forecast sector. The broadcasting television the new law, the biggest media group (Doğan Group) (Doğan group media law, new the biggest the time the media advertising pie is also far from being being from far is also pie advertising media the time per 0.3 around remains –0.4 GDP to ratio their that

Notes of the workshop on the topic of ‘Investment and and ‘Investment of topic the on workshop the of Notes competition relations in the media sector: The present present The sector: media the in relations competition and the future of the sector,’ Istanbul, 21/04/2011. 21/04/2011. Istanbul, sector,’ the of future the and 22 - Treaty of Rome. In other words, the Competition Law Law Competition words,Treaty the In Rome. other of 2008 and 2010. One of these decisions concerned the the concerned decisions these of One 2010. and 2008 One should note that, Law on the Protection of of Protection the on Law that, note should One Competition (no. 4054) has been in effect in Turkey in effect (no. been has 4054) Competition acquisition cent) per (33 privatization’ and constituted since 1994, and it is in compliance with the EU’s the with is in it compliance and 1994, since sector (Pekman, 2002). (Pekman, sector Under Law no. 4054, in examining applications in examining applications no. 4054, Law Under competition rules set out in Articles 81-82 of the the of 81-82 in Articles out set rules competition of competition in the media markets. ‘The infringe ‘The markets. media in the competition of concerning is the media, Authority the Competition However, was Authority the Competition until 2000, Doğan Group. On 5 April 2011, the authority sentenced sentenced authority the 2011, 5April Group.On Doğan ments of competition’ (50ments cent) per ‘merger- and issueddecisions several has concerning the protection Authority Competition abused. The been position has dominant such so, and, if whether created, been has market in the position adominant violated, have been competition of rules basic whether assess to required inactive regarding cases concerning the Turkish the concerning media cases regarding inactive was enacted as part of the EU harmonization process. process. EU harmonization the of part as enacted was Source: Mindshare, 2010, 2012(f) 2010, Mindshare, Source: the group’s companies to a fine of approximately 6 approximately of afine to group’sthe companies between issued decisions the of grounds major the

Table 1: Shares of Media Groups in Advertising Revenues (%) 2011 and Forecasts for 2012 for (%) Revenues Forecasts and Advertising in 2011 Groups Media of Table Shares 1: Turkuvaz MedyaGroup Çukurova Group Other Ciner Group Forecast for2012 Forecast for2012 Forecast for2012 Forecast for2012 Forecast for2012 Forecast for2012 Doğan Group Doğuş Group TV 36 20 20 23 27 19 12 19 12 8 2 2 - Newspaper It is important to add that the executive decree no. decree executive the that add to It is important 649 of 17 August 2011 put an end to the independence independence the to end an put 2011 August 17 of 649 23 agreements with media with planning agencies. agreements through media in the position dominant its abused and independentand playersthereby and endanger- plural structure ofsector, the newspaper structure such infringements offering discounts in advertising sales and making making and sales in advertising discounts offering of competition rules can be a fatal risk for the small small for the risk afatal be can rules competition of market concentrated high the particularly ering of the Competition Authority by subjecting it to the the to it subjecting by Authority Competition the of media company to a fine of 444 thousand TL (186 TL thousand 444 of afine to company media subsidiary (2,5 TL EUR)million another million and power of the executive. the of power ism in the media. media. ism in the thousand EUR) pecuniary fine on the grounds that it it that grounds the on fine EUR) pecuniary thousand 24 58 58 24 14 14 3 3 1 1

The decision is available at http://www.rekabet.gov.tr/ at available is decision The 2011). dosyalar/tefhim/tefhim67.pdf (date accessed 6 December 6 December accessed (date dosyalar/tefhim/tefhim67.pdf Magazine 30 39 30 39 18 18 4 4 6 3 3 6 Radio 75 76 9 6 9 8 6 2 8

1 23 Internet Consid 20 66 20 66 4 4 7 2 2 7 1 1 -

27 28 The competition in the broadcasting sector was revived was sector competition in the broadcasting The with Law no. on the ratio 6112, the of cap which increased foreign shareholding in television radioand enterprises. Turkish broadcasting sector because he already owns owns already he because sector Turkish broadcasting second the of owner -the Group Turkish Çalık market, was sector broadcasting in the competition The Turkish broadcasting media need to contact the the contact to need media Turkish broadcasting media the among imbalance is abig dispersal There 209 local television enterprises on air. on However, enterprises the television local 209 government directly (Sözeri and Güney 2011). Güney (Sözeri and directly government would he Murdoch, by ATV-Sabah of acquisition reason important most The television. the to goes another TV channel (Fox TV) (Semerci, 2012). the On TV) (Fox channel TV another shares. advertising of distribution balanced amore prevent and revenuesadvertising other media acrossall outlets sion enterprises. After the entry of Al Jazeera into the the into Jazeera Al of entry the After enterprises. sion such that the biggest share (more share 50%) than always biggest the that such (Sabah) on sale in January 2012. In addition to other other to In addition 2012. in(Sabah) January sale on companies and shortly after met with Prime Minister Minister Prime with met after shortly and companies other hand, considering that the ATV-Sabah is run by by is run ATV-Sabah the that hand, considering other Broadcasting Recep Tayyip Erdoğan in March 2012. In the case of of case In the 2012. TayyipRecep in March Erdoğan in bidding for these interest an showed Murdoch Murdoch and Erdoğan reinforced the growing growing the reinforced Erdoğan and Murdoch and regional 15 national, 24 currently are there RTÜK, become the biggest or the second biggest group in the in the group biggest second the or biggest the become in Turkey- group media biggest its biggest put on cap the increased no. which 6112, Law with revived perception that investors who wish to invest in the in the invest to wish who investors that perception between competition the ads, television of share high in Turkey opinion the public and ratings high to due lots of television channels limit the growth of of growth the limit channels television of lots from data to According advertising. of costs low television channel newspaper biggest (ATV) and televi and in radio shareholding foreign of ratio the the Prime Minister’s son-in-law, the meeting between between meeting the son-in-law, Minister’s Prime the foreign investors, the owner of News Corp. Rupert Rupert Corp. News of owner the investors, foreign for this is that television has a strong influence on on influence astrong has television for thisis that - The most important factor in the distribution of of distribution in the factor important most The The climate of deep political polarization in general in general polarization political deep of climate The The second largest share in advertising revenues goes goes revenues in advertising share largest second The Television Viewing Research Committee (TİAK) (TİAK) Committee Television Research Viewing 2.4%. At the national level, the competition in this competition the level, national At the 2.4%. According to TURKSTAT’s Print Media Statistics, there there TURKSTAT’s to According Statistics, Media Print generate revenues optimal advertising therefore and and Vatan) of Doğan Group by Demirören Group Group Demirören by Group Vatan)and Doğan of (Milliyet newspapers significant two of acquisition advertising shares and thus competition in the in the competition thus and shares advertising a new contract with TNS/Kantarmedya in May 2012 in May 2012 TNS/Kantarmedya with contract a new affected by this compared to other subsectors. A subsectors. other to thiscompared by affected have revenues.advertising Newspapers more been in the reflected is also in particular media in the and sector takes place over advertising revenues rather rather revenues advertising over place takes sector (TIAK, 2012). (TIAK, couldn’t decrease the share of the duo. the of share the decrease couldn’t two the revenues; advertising the to only limited that high is so concentration The red. in the operate papers local by followed is 80%, over consumption of ratings through paying covert remuneration to to remuneration paying covert through ratings of Press Moreover, as it can be seen in Table seen be the Moreover, 1, even can it as magazine distribution sector excluding subscriptions. subscriptions. excluding sector distribution magazine and newspaper entire the control groups media cannot newspapers most market, the of nature Turkey. in newspaper published pers National broadcasting sector are the ratings. Lately, the sector Lately, sector the ratings. the are sector broadcasting respondents. Upon these developments, the developments, Turkish Upon these respondents. unlaw of charges on companies production of number has measured ratings in Turkey signed ratings and since1989, measured has with 15.3% and regional newspapers with a share of of ashare with newspapers regional and 15.3% with were 163 national, 73 regional and 2368 local newspa local 2368 and regional 73 national, 163 were was struck with a major inquiry on the rating prac rating the on inquiry amajor with struck was the market by over 80 per cent. This duopoly is not is not duopoly This cent. per 80 over by market the Turkuvaz) and (Doğan dominate groups media two However, concentrated highly the to due sales. than to the print media and subsectorally to newspapers. newspapers. to subsectorally and media print the to tices. A criminal investigation was launched against a against launched was investigation Acriminal tices. terminated its contract with AGB, the company which which AGB, company the with contract its terminated telling example of this phenomenon is daily Taraf is daily thisphenomenon of example telling ful disclosure of television viewers and the fabrication fabrication the and viewers television of disclosure ful , an , an - - - ‘proponent’ pointed newspapers, out that the The formerThe chief editor of Star The big capital groups, including big media groups, groups, big including media groups, big capital The Internet 2012). On the other hand, the big media groups that that groups big media hand, the 2012). other the On The climate of deep political polarization in polarization political deep of climate The Internet publishing in Turkey. Internet journalism was was Turkey. in publishing journalism Internet Internet 24 government in the early 2000s. During its first two two first its During 2000s. early in the government ated with a newspaper deemed radical and militant by by militant and radical deemed anewspaper with ated also started by the big media groups carrying their their carrying groups big media the by started also army, the government, the opposition and the the and army, opposition the government, the the media is also reflected in the advertising reflected isthe also media (Cemal, 2012). difficulty due to its inability to get advertising from from get advertising to inability its to due difficulty quently, news sites operating only on the Internet coverage of the military’s attempts to overthrow the the overthrow to attempts military’s the of coverage revenues. Newspapers more have been could no longer pursue balancing acts between the the between acts balancing longer pursue no could (Özvarış, companies on pressure political exerting years, the newspaper operated under financial great years, operated the newspaper affected by this. affected reputation. advertising giving shy from companies some present nearly 3.5 million USD in February 2012. USD in February million 3.5 nearly achieved and public to %shares 16.6 its opened has operation, for Taraf its problems generate and capital have emerged (Çevikel,have Today, 2004). emerged all almost Subse 1996. after Internet the to over newspapers monopolized political power of AK Party government power Party of AK monopolized political the vis-à-vis weak too also are world business pro-government newspapers are getting ads through through ads getting are newspapers pro-government independent newspaper renowned for its critical independent critical for renowned newspaper its were the first to make substantial investments in investments substantial make to first the were to the paper for fear of damage to their commercial commercial their to damage of for fear paper the to Taraf While establishment. the associ be to reluctant sector, was which private the

Interview with Markar Esayan, Vice Chief Editor, daily daily Editor, Chief Vice Esayan, Markar with Interview Taraf , by Ceren Sözeri, Istanbul, 12/07/2011. Istanbul, Sözeri, Ceren , by 24 In order to overcome financial its , considered among the managed to survive, at at survive, to managed - -

Telecommunications The blurring of the boundaries between the media, media, the between boundaries the of blurring The 70 % of young people between ages 15-34 years are are years 15-34 ages between young %of 70 people As a result, the advertising revenues that feed the the feed that revenues advertising the aresult, As The advertising revenues that feed the online news that advertising feed revenues The Including the big media groups that dominate the the dominate that groups big media Including the Internet Measurement Survey (Yaşayan, 2011) about 2011) about (Yaşayan, Survey Measurement Internet On the other hand, recent surveys show that internet internet that show surveys hand, recent other the On accentuates the essential nature relationship the of essential the accentuates according to the IAB Europe Adex Report (2012). in Report As Adex Europe IAB the to according in Turkey revenues USD million 408 advertising were internet In 2011, model. business based advertising and Görgülü,and 2012). structure for all distribution networks, all telephone telephone all for distribution networks, all structure companies (Barr, 2006). Türk Telekom (Barr, 2006). companies erated contents in addition to contents independent weberated create a self-sufficient and independent and onlinecreate a media self-sufficient to insufficient still are organisations news online and independentand online media. organisations are still insufficient to create a self-sufficient self-sufficient a create to insufficient still are organisations between the media organstelecommunication and between many other countries, the big share goes to interna to goes big share the countries, other many internet. via pers national news outlets have their own websites that that websites have own their outlets news national prevalence of copy-and-paste practices online (Tunç online practices copy-and-paste of prevalence information of sources new these However portals. mainstream media. mainstream information technologies and telecommunicationinformation and technologies internet, most players in this new forum have applied have forum in applied thisnew players most internet, is shifting media consumption. According to IAB IAB to According consumption. media is shifting include news, columns, user-gen and commentaries watching TV, listening to radio and reading newspa reading and radio TV, to watching listening which could offer an alternative to the concentrated concentrated the to alternative an offer could which telephone operator in Turkey operator telephone which owns- the infra fixed single the and company telecommunication tional giants such as Google, Facebook, Yahoo, Facebook, MSN. Google, as such giants tional fail to provide diversity of viewpoints because of the the of because viewpoints of diversity provide to fail , the largest largest , the - - -

29 30 Türk Telekom has transformed itself into one of the transformed Telekom has Türk biggest players sector, of the media biggest adversely affecting competition and diversity of content. of diversity and competition The ways in which state advertisings are allocated and and allocated are advertisings state waysin which The 3.3 In Turkey there are no direct subsidies for commercial In Turkey for commercial subsidies direct no are there 25 Türk Telekom Türk Telekom and announcements distributed by BİK are important BİK by important are distributed announcements and authority point out that their sanctioning powers are are powers sanctioning their that out point authority of the agenda Authority. of the Competition Officials sources of revenue for small, independent local and support is needed for pushing the development of of for pushing development the is needed support Union ( Union of the biggest advertisers for TV operators. for TV advertisers biggest the of advantages sector, the media the and,considering of exchanges and transmission channels, has moved into into moved has channels, transmission and exchanges existing media market structure. structure. market media existing on the other hand, indicate that they cannot criticize criticize cannot they that hand, indicate other the on Problems caused by the competitive advantages of of advantages competitive the by caused Problems have recently become a topic of public debate when when debate public of atopic become have recently has transformed itself into one of the biggest players players biggest the of one into itself transformed has press, which are economically vulnerable vis-à-vis the the vis-à-vis vulnerable economically are which press, advertisements official companies. The broadcasting more effective competition regulations. Members of Members regulations. competition more effective limited under the existing legislation, and that social social that and legislation, existing the under limited its implications for state intervention in the media media in the intervention for state implications its it has, this situation has adverse effects for competi effects adverse has thissituation has, it tion and diversity of content in the Turkish in the content of media. diversity and tion to a web TV service and IPTV platform. Türk Telekom platform. IPTV and service awebTV to in addition music portals and games has company the At present, years. in recent content media of area the the Radio and Television Broadcasters Professional Professional Television and Radio Broadcasters the

Minutes of the workshop on the topic of ‘Investment and and ‘Investment of topic the on workshop the of Minutes competition relations in the media sector: The present present The sector: media the in relations competition and the future of the sector,’ Istanbul, 21/04/ 2011. 2011. 21/04/ Istanbul, sector,’ the of future the and advertisements S media tate intervention in the Radyo ve Televizyon Yayıncıları Meslek Birliği Meslek Yayıncıları Televizyon ve Radyo have occasionally been carried to the the to carried been have occasionally ’s position in the market because it is one is one it because ’s market in the position : S ubsidies

, official 25 ), ), -

’ (Karaca, 2011). At a workshop organized for this organized 2011). At aworkshop ’ (Karaca, decision hoc ad an was meetings these of outcome The 2011). (Turkish Press, newspapers six minority to TL 250,000 27 26 Greek Orthodox, Armenian and Jewish and Armenian Greek communities. Orthodox, a minimum of eight pages and a circulation of 5 of acirculation and pages a minimum eight of newspa regulations, these to Pursuant advertising. assembly, which lays out the conditions for state sales revenues. sales stemming from the decision no. 67 of its general general no. 67 its of decision the from stemming unable to fulfil. While BİK promised to revisit the the revisit to BİK While promised fulfil. to unable difficulties, the decision fell short of meeting the the meeting of short fell decision the difficulties, of BİK meeting with Vasiliadis and subsequently with with subsequently and Vasiliadis BİKwith of meeting community, announced his decision to downthe close on a daily basis, employ at least seven staff, and have and staff, seven least at employ basis, adaily on commitment of state advertising. In explaining why it it why In explaining advertising. state of commitment for aformal newspapers minority of expectations by BİK to allocate a one-time payment of a total of of atotal of payment aone-time BİKby allocate to to belonging newspapers other all of representatives President in the resulted reaction his paper. public The of difficulties financial in the afactor as newspapers minority to advertising state give to refusal ment’s govern the noted Vasiliadis Mihail conference, public paper due to the sharp decline in its advertising and and advertising in its decline sharp the to due paper media, the agency was concerned that the softening of of softening the that concerned was agency the media, to developregulations a for solution the minority published be to had advertising for state eligible pers nepotism plays a great role in the hiring of individuals individuals hiring of in the role agreat plays nepotism where ‘newspapers’ are advertising state of recipients ahigh by echoed was thissentiment project, research level BİK official, who pointed out that among among that out pointed who BİKlevel official, without journalismwithout simply they background because “newspapers” for ‘one-page support state claim would obstacles legal so, do the to BİK cited able not was the owner of Apoyevmatini of owner the the rules would lead to abuse by individuals who who individuals by abuse to lead would rules the were newspapers thousand, which criteria minority

The principal reason for the decline was the economic economic the was decline the for reason principal The These publications are: Apoyevmatini are: publications These of the Jewish community, Jamanak community, Jewish the of crisis in Greece, prior to which the newspaper was was newspaper the which to prior Greece, in crisis and Agos and (daily) of the Greek orthodox community, Şalom community, orthodox Greek the (daily) of receiving financial support from Greek companies. Greek from support financial receiving 27 While a significant relief for their financial financial for their relief asignificant While (weekly) of the Armenian community. Armenian the of (weekly) 26 In making this announcement at a at thisannouncement In making , a weekly of the Greek Greek the of , aweekly (daily), Marmara (weekly) and İho and (weekly) (weekly) (weekly) (daily) -

- According to a February 2012 regulation, aFebruary to According Today, decision- highest is the Board Administrative the Television the and Radio (no.2954) Law The centralized service public sole is the in 1964, TRT, established 3.4 Accordingly, published newspapers by communities 30 28 29 an end to the autonomy TRT had enjoyed since its its since enjoyed had TRT autonomy the to end an are familyare or members friends of the owner. state (Karaca, 2012). The restriction of the amend the of 2012).restriction The (Karaca, state upon written application, provided that they have paid have they paid that provided application, written upon organisations from the TRT board (Cankaya, 2008). 2008). (Cankaya, board TRT the from organisations body, the of removing structure organisational Constitution of the 1982 133 Article establishment. certing, however, since it suggests that other groups groups other that however, suggests it since certing, receive advertisement official upon certain newspapers nowminority are eligible to conditions. Lausanne are eligible to receive official advertisement advertisement official receive to eligible are Lausanne ments to the three non-Muslim communities regarded regarded communities non-Muslim three the to ments representatives of academia, NGOs and professional and NGOs of academia, representatives body. corporate public impartial an as TRT restructured put no. 1568 law to amendment A1971 channels. radio in Turkey. (five broadcaster television It 15 owns international, nine national, one regional) and nine and regional) one nine national, international, will not be able to benefit from the new regulation. new the from benefit to able be not will which have ‘minority’ status under the Treaty the under of status havewhich ‘minority’ to have minority status under Lausanne under status have minority to their taxes and social security contributions to the the to contributions security social and taxes their theless, BİK amended its regulation in February 2012. 2012. in February regulation its BİK amended theless,

‘patience’ in the Syriac language, is a monthly bilingual bilingual amonthly is language, Syriac the in ‘patience’ media the of future the and problems resources ‘Human The Syriac community in Turkey launched its first first its Turkey in launched community Syriac The status minority grants Lausanne of Treaty 1923 the While of topic the on workshop the of notes BİK, at official An 1925 has unlawfully restricted the scope of the Treaty to to Treaty the of scope the restricted unlawfully has 1925 and Jews. Jews. and sector’, Ankara, 18/12/ 2010. 18/12/ Ankara, sector’, paper published in Turkish and the Syriac language. language. Syriac the and Turkish in published paper Sabro Titled 2012. March in newspaper to all to the following three groups: Armenians, Greek Orthodox Orthodox Greek Armenians, groups: three following the P ublic S non-Muslim communities in Turkey, the state since since Turkey, in state the communities non-Muslim ervice B roadcasting , which means means , which 29 is discon is 28 Never - - 30 -

TRT is funded by a combination of public and commer and public of acombination by is funded TRT These competitive moves by TRT have been criticized criticized have been TRT by moves competitive These TRT’s financing system and revenues have been have revenues and been system financing TRT’s 50 per cent. A few years later, years Afew 87,1 cent. per 50 advertis of cent per Cabinet appoints two members of the Administrative Administrative the of members two appoints Cabinet among three candidates nominated by RTÜK. The The RTÜK. by nominated candidates three among from Cabinet the by for afour-year term appointed agency (Cankaya, 2008). On the other hand, the hand, the other the On 2008). (Cankaya, agency and a share allocated from the national budget. budget. national the from allocated ashare and adopted a new ratings measurement system applied applied system measurement ratings anew adopted service philosophy and the social function of the the of function social the and philosophy service (adopted by Erdemir, 2011). TRT also found itself in a Erdemir,(adopted by found itself also 2011). TRT commercialisation of the broadcasting environment commercialisation of the broadcasting on the grounds of being in contradiction with public public with in being contradiction of grounds the on cial revenues. The major sources of funding are: a funding of are: sources major The revenues. cial questioned because of its endorsement of official ideology. official of endorsement its of because questioned Board from among the vice directors, and the remain the and directors, vice the among from Board General, Director The afour-year term. serve Members Following the abolishment of its monopoly with the the with monopoly its of abolishment the Following business administration or economics, arts and culture. and arts economics, or administration business corporation. the of organ management and making revealed consumer dissatisfaction with TRT’s services. TRT’s services. with dissatisfaction consumer revealed revenues and its advertising income decreased about about income advertising revenues decreased its and commercial hadto with compete has broadcaster of sale the from (licence) generated fee broadcasting by TNS/Kantarmedia in May 2012. in May 2012. TNS/Kantarmedia by (Today’s TRT 2010); inZaman, 2010 regulations’ competition ‘violating of latter AGB accusing the by run system rating the from channels its withdrew had it Even though, rivals. commercial its with race ratings launch of private broadcasting in 1993, the public public the in 1993, broadcasting private of launch ing four from candidates nominated by RTÜK from from RTÜK by nominated ing candidates four from ing revenues was held by private broadcasters broadcasters private by held was ing revenues who is also the Head of Administrative Board, is Board, Administrative of Head the is also who televisions and radio channels for the advertising advertising for the channels radio and televisions consumer; by paid each bills cent per of electricity two VTRs; and music sets receivers, radio and television fields of electronics or mass communication, law, communication, mass or electronics of fields - - -

31 32 Turkish policy makers strived to develop a text in atext develop to strived Turkish makers policy The impact of the EU integration on media policy policy media on EU integration the of impact The Turkey’s media regulations with those of the EU. As EU. the of As those Turkey’s with regulations media The media policies in Turkey policies media The have significant undergone 3.5 Although it provided a mixed programming with an an with amixed programming provided it Although 31 appears to be in harmony with the EU Directive in EU Directive the with in harmony be to appears and communication technologies and the need to align align to need the and technologies communication and stated earlier, one of the early harmonization efforts efforts harmonization early earlier, the of one stated subject ... and careful avoidance from any engagement engagement any from avoidance ...careful and subject (law no.3984) and also covers new technology technology new covers no.3984) also (law and used to regulate public service broadcasting now focus focus now broadcasting service public regulate to used communication. However, the law also requires radio radio requires However, also communication. law the change as a result of the liberalization of the media and and media the of liberalization the of aresult change as competition and preventing and competition monopolization. Behind protecting publishing, commercial regulating on distinctly paternalistic and elitist approach and and approach elitist and paternalistic distinctly enactment of Law no. 6112. In preparing the draft, draft, the In preparing no. 6112. Law of enactment censorship (Çatalbaş, 2003). As a result, TRT’s aresult, As 2003). (Çatalbaş, censorship to amounted sometimes that codes strict observed a maintained TRT entertainment, on emphasis broadcasting to be in compliance with Article 133 of of 133 Article with in compliance be to broadcasting providers), (such service on-demand as broadcasters harmony with the EU Directive. Indeed, the new law, new the Indeed, EU Directive. the with harmony making was perhaps most visible in the recent recent in the visible most perhaps was making position of the state and/or government on almost any any and/oralmost on government state the of position of the official endorsement permanent of ‘its because was made in the Competition Law (no. Law 4504). Competition in the made was which is much more comprehensive thanthe former with controversial issues’ (Barış, 2005: 296). 2005: (Barış, issues’ controversial with this change lie the rapid improvements in information in information improvements rapid the this change lie the constitution. ofterms commercial of scope, regulation access, foreign investors’ entry into the market. Laws which which Laws market. the into entry investors’ foreign financing system and revenues and havefinancing system questioned been

This expansive scope of the law and the effort to regulate regulate to effort the and law the of scope expansive This structure and authority of the Radio and Television Television and Radio the of authority and structure regulations are points of criticism. Minutes of the the of Minutes criticism. of points are regulations focused television primarily with broadcasting radio Supreme Council’, Istanbul, 11/03/2011. Istanbul, Council’, Supreme the on legislation new ‘The of topic the on workshop in media policy making T impacthe EU of integration 31 Furthermore, the law goes beyond beyond goes law the Furthermore, The greatest criticism to the new law is that it focuses focuses it is that law new the to criticism greatest The Neither the consultative drafting process nor process drafting Neither the consultative 32 EU Directive are sufficient to render Law render no. to EU Directive sufficient are 6112 a democratic piece of legislation. of piece democratic a 6112 Critics point out that neither the consultative drafting drafting consultative the neither that out point Critics the that fact the law with is in the compliance draft law was presented to the public on RTÜK’s on public the to presented was law draft ensuring the freedom and diversity of the media. media. the of diversity and freedom ensuring the expression (Sümer and Adaklı, 2011). When preparing preparing 2011). When (Sümer Adaklı, and expression contain. not does latter the restrictions ownership piece of legislation. of piece with is in compliance law the that fact the nor process than rather only commercialregulates broadcasting law the that and text, eventual in the reflected not were views their that stated organizations mental broadcasting organizations were gathered, and the the and gathered, were organizations broadcasting of freedom limit to loopholes potential provide ing out ambiguous with wording laid principles website. However, non-govern and some academics the Directive are sufficient to render it a democratic sufficient are the Directive the new law, the opinions of professional radio and TV TV and radio law, new professional the of opinions the broadcast excessively-detailed the EU Directive, the Unlike in media. the dimensionof service public the muchtoo on commercial communication ignores and by introducingthe Directive additional content and

Ankara University, Faculty of Communication, Opinionon Communication, of Faculty University, Ankara on the topic of ‘The new legislation on the structure and and structure the on legislation new ‘The of topic the on Istanbul, 11/03/2011. authority of the Radio and Television Supreme Council’, Council’, Supreme Television and Radio the of authority the Draft Broadcasting Law. Also Broadcasting Draft the 32

minutes of the workshop workshop the of , minutes - - 4. Media Content: The Regulatory Framework and Court Decisions

4. Media4. Content: The Regulatory The constitution entrusts the state with the duty to to duty the with state the entrusts constitution The Article 25 ofArticle the constitution freedom guarantees of 33 Framework and Court Decisions Court and Framework all kinds of abuse and violence. Article 58 allots the the allots 58 Article violence. and abuse of kinds all the tasks and Turkish the of ‘foundation the society’ as state with taking measures to protect ‘the peace and and peace ‘the protect to measures taking with state state interference. interference. state requisite the undertake to obligation apositive state disseminate opinions individually and or collectively over individual rights. The exerciseover The individualof fundamental rights. the supreme emerge looming as values conservatism however, façade, is a thisliberal beyond lies What constitution guarantees the right to declare or or declare to right the guarantees constitution state from individuals protects and expression make sure that citizens act and think in accordance think in accordance and act citizens sure that make national security, national unity and state secrets. state and unity national security, national measures to ensure the exercise of this freedom. The The thisfreedom. of exercise ensure the to measures the on imposes and press the of freedom protects interference on expression of their opinions. Article 28 28 Article opinions. their of expression on interference welfare of the family’ and to protect children against against children protect to and family’ the of welfare and nation the of values the Atatürk, of ideals the with the morals of the family. Article 41 identifies the family family the 41 identifies family. the of Article morals the to access and share and informationto access opinions and without freedoms is subject to compliance with; inter with; compliance to alia is subject freedoms cultural and statism nationalism, where framework

The restrictions on the press are laid out in constitution constitution in out laid are press the on restrictions The enforced through rigorous measures, including the the including measures, rigorous through enforced Art. 26: ‘The exercise of these freedoms may be restricted restricted be may freedoms these of exercise ‘The 26: Art. order and public safety, the basic characteristics of the the of characteristics basic the safety, public and order confiscation of the print media. Art. 28. 28. Art. media. print the of confiscation and reputation the protecting secret, astate as classified proper functioning of the judiciary.’ These restrictions are are restrictions These judiciary.’ the of functioning proper the ensuring law, or by prescribed as secrets professional protecting or others, of life family and private and rights duly information withholding offenders, punishing State with its territory and nation, preventing crime, crime, preventing nation, and territory its with State Republic and safeguarding the indivisible integrity of the the of integrity indivisible the safeguarding and Republic for the purposes of protecting national security, public public security, national protecting of purposes the for , 33

4.1 M The laws governing media content are drafted in the in the drafted are governing content media laws The Atatürk. 34 What beyond façade, however, lies this liberal is a Commissioner for Human Rights pointed out the the out pointed Rights for Human Commissioner gambling to the state, and as well as the responsibility responsibility the as well as and state, the to gambling and ‘bad habits’ such as alcoholism, drugs and and drugs alcoholism, as such habits’ ‘bad and framework where nationalism, statism cultural and same spirit em same of nationalism conservatism and individual rights. individual duty to protect the youth against abuse, exploitation exploitation abuse, against youth the protect to duty obstacle to the effective protection of pluralism and and pluralism of protection effective the to obstacle (CoE) Europe of approach,’Council the centrist conservatism emerge as the supreme values looming over the supreme values as emerge conservatism present Turkishpresent a represent major Constitution the of spirit and letter the ‘that recognition pervasive this‘state- of note Making Atatürk.’ of revolutions national security, and the reforms and principles of of principles and reforms the and security, national unity, national of principles on based restrictions contain laws media EU process, the through proved in im the relatively constitution. Despite braced latter are secondary to the protection of the state and and state the of protection the to secondary are latter its founding principles. principles. founding its to raise young people in accordance ‘the principles and and principles ‘the in accordance young people raise to freedom of expression’ (Hammarberg, 2011: para. 11). para. 2011: (Hammarberg, expression’ of freedom freedom of the press and freedom of expression, the the expression, of freedom and press the of freedom

Examples of such interdictions in laws governing media media governing laws in interdictions such of Examples Art. 8); ‘national security’ and ‘territorial integrity’ (Press (Press integrity’ ‘territorial and security’ 8); ‘national Art. content: ‘the existence and independence of the Turkish Turkish the of independence and existence ‘the content: Law, Art. 3); ‘crimes against Atatürk’ (Internet Law, Art. 8). Law, Art. (Internet Atatürk’ against 3); ‘crimes Law, Art. State, the of integrity national and territorial the Republic, the reforms and principles of Atatürk’ (Broadcasting Law, (Broadcasting Atatürk’ of principles and reforms the edia specific laws 34 While these laws do pay lip service to to pay service do lip laws these While - -

35 36 Atatürk. Despite relatively improved media the through EU process, laws contain restrictions based on principles of national national of principles on based restrictions laws contain unity, principles and national of the security, and reforms ‘include a strong public interest for the protection of of protection for the interest public astrong ‘include ‘the protection of the family,’ the of and national ‘the protection and ‘the The amorphous concepts such as ‘general such as concepts amorphous The morality,’ The new Broadcasting Law (no. Law 6112) only ‘brings Broadcasting new The The Press Law protects freedom of the press, the right right the press, the of freedom protects Law Press The 35 37 36 grounds of ‘national security,’ integrity’ ‘territorial and ‘state secrets.’ Article 11 attributes criminal criminal attributes 11 Article secrets.’ ‘state and grounds for content restriction, the law restricts restricts law the restriction, for content grounds and freedom of the press. the of freedom and same time, the law restricts these freedoms on on freedoms these restricts law the time, same (European Commission, 2011: 27). It comprises a wide 27). awide It Commission, 2011: comprises (European untruthful news. While the law guarantees journalists’ journalists’ guarantees law the While news. untruthful cases where the author is abroad or unidentified. unidentified. or is abroad author the where cases criticized as an infringement an criticized as of freedom of expression is values own its develop to media the enabling orientation as a ground of discrimination. as orientation in the endorsed values the of nature conservative catalogue of restrictions, going well beyond the EU the going beyond well restrictions, of catalogue content on grounds of, inter alia only the as speech hate of prevention and children Broadcasting Law, evident in the exclusion of sexual sexual of Law, exclusion in the evident Broadcasting Directive which the law claims to be in compliance in compliance be to claims law the which Directive partial improvement’ in improvement’ expanding mediapartial freedom protection of the family.’ the and morality general society, of values moral not does it sources, news their protect to right broadcasting principles in punitive laws rather than than rather laws in punitive principles broadcasting liability to editors and translators of written work in work written of translators and editors to liability journalists’ (Hammarberg, 2011: para. 30). At the para. 2011: (Hammarberg, journalists’ with. While the directive cites the protection of of protection the cites directive the While with. to information, and the right of reply to defamatory or or defamatory to reply of right the and information, to

Minutes of the workshop on the topic of ‘The new new ‘The of topic the on workshop the of Minutes 8. (no. Art. 6112), Law Broadcasting Ibid 11/03/2011. Istanbul, Council’, Supreme Television legislation on the structure and authority of the Radio and and Radio the of authority and structure the on legislation . 35 36 That the state defines defines state the That A further criticism is the is the criticism Afurther , ‘the national and and national , ‘the 37

‘the national and moral values of society’ ‘the of society’ national moral values and 41 40 42 The amorphous concepts such as ‘general such as concepts amorphous The 39 38 generated widespread public debate. During the first first the During debate. public widespread generated and minority media. minority and administrative sanctions, suspensions and revocation revocation and suspensions sanctions, administrative against television stations on grounds of disrespect of of disrespect of grounds on stations television against that years in recent stations television on aired public wider of limelight the of out remained large and sanction the media with warnings, monetary and and monetary warnings, with media the sanction (Söylemez, 2011a). morality,’ ‘the of protection the family,’ and of ‘poor Turkish and slang’ and the use of alcohol alcohol of use the and ‘poor Turkishof slang’ and channels (Gülcan, 2012).The sanctions received mixed (Gülcan, 2012).The received channels sanctions of licences. of opinion. It was sanctions against popular TV series series TV popular against sanctions Itopinion. was leave RTÜK with awide margin of manoeuvre.leave RTÜK RTÜK had imposed heavy sanctions against dissident dissident against sanctions heavy imposed had RTÜK restrictive version of the Broadcasting Law (no.3984), Law Broadcasting the of version restrictive notification against 20 radio stations and 480 TV TV 480 and stations radio 20 against notification homosexual scenes (Gazeteciler.com,homosexual scenes 2011), margin of manoeuvre. The agency has the powers to to powers the has agency The manoeuvre. of margin awide with RTÜK leave principles broadcasting as embraces law the that society’ of values moral historical characters (Önderoğlu, 2011), (Önderoğlu, characters historical fines imposed and warnings issued RTÜK 2011, of half fines, 383 warnings, 27 program suspensions and one one and suspensions program 27 warnings, 383 fines,

RTÜK issued a warning to SHOW TV for having portrayed portrayed having for TV SHOW to awarning issued RTÜK local, of broadcasting the suspended RTÜK example, For 33. and 32 Art. 6112, no. Law In March 2011, RTÜK initiated proceedings against against proceedings initiated RTÜK 2011, March In RTÜK issued a warning to STAR TV because of the use of of use the of because STARTV to awarning issued RTÜK 2001. On 8 February 2002 alone, the agency suspended suspended agency the alone, 2002 8February On 2001. of ‘national and moral value and Turkish family structure.’ structure.’ family Turkish and value moral and ‘national of Magnificent Century. Magnificent series the in alcohol and series on children and youth. youth. and children on series Ç Behzat series the in alcohol and slang City 2 City regional and national operators for a total of 3,132 days in in days 3,132 of atotal for operators national and regional the broadcasting of 18 national and local media operators operators media local and national 18 of broadcasting the the Ottoman Sultan Suleyman as a man fond of women women of fond aman as Suleyman Sultan Ottoman the Digiturk, a cable television company, for having having for company, television acable Digiturk, Sex and the the and Sex movie the in scene marriage agay broadcasted for a total of 128 days. days. 128 of atotal for issued because of the alleged negative influence of the the of influence negative alleged the of because issued . The agency based the proceedings on the violation violation the on proceedings the based agency . The 38 In the past, under the previous more more previous the under past, In the 42 In 2011, RTÜK issued 89 monetary monetary 89 issued RTÜK In 2011, 39 However, these sanctions by by However, sanctions these . The warning was was warning . The 40 broadcasting broadcasting

41 the use use the “threatening” and “bordering and “threatening” (Altan, on fascism” 2012). ‘inciting people to revenge and hatred.’ The sanction sanction hatred.’ revenge to The and people ‘inciting 43 There were also rare occasions where RTÜK resorted resorted RTÜK where occasions rare also were There ATV, a national television station, on grounds of of grounds on ATV, station, television anational and that “it is out of the question to suspend or or suspend to question the of is out “it that and the President of television broadcasters, against groups protested RTÜK for discrimination against against discrimination for RTÜK protested groups an earthquake in October 2011, for seeking rescue from from rescue for seeking 2011, in October earthquake an agency received 74,911 complaints about the series on on series the about complaints 74,911 received agency audience, political the government conservative and series such as relations between opposite sex, incest incest sex, opposite between relations as such series speech he delivered on 24 April 2012, on the occasion occasion the on 2012, April 24 on delivered he speech (Turkish media, 24 April 2012). At the same meeting, in meeting, 2012). same At the April (Turkish 24 media, during mass demonstrations (Ertürk, 2011). (Ertürk, demonstrations during mass during that period (Önderoğlu, 2011). The criticisms criticisms 2011). The (Önderoğlu, period during that expressed by Bülent Arınç, the Deputy Prime Minister Minister Prime Deputy the Arınç, Bülent by expressed of the 18 the of the from pressure social the was hand, it other campaigns via social media, social via campaigns various nationalist and Islamist parties further further parties Islamist and nationalist various RTÜK said that the agency is “not a censorship body” is “not body” acensorship agency the that said RTÜK Deputy Prime Minister Arınç reopened the discussion discussion the reopened Arınç Minister Prime Deputy LGBT individuals (Amargi, 2011; Belge, 2011). On the the 2011). Belge, On 2011; (Amargi, LGBT individuals minorities. The agency suspended agency a The minorities. women’s show on ments were protested by journalists for being for being journalists by protested were ments 2012). state Arınç’s (RTÜK, complaints” receives enough’ ‘tough is not RTÜK that criticisms to response by stating that the “marginal issues addressed in TV in TV addressed issues “marginal the that stating by parties that mobilized RTÜK in the first place. The The place. first in the RTÜK mobilized that parties reactions. On one hand, the fans of TV series initiated initiated series TV of fans hand, the one On reactions. impose sanctions against every program which which program every against sanctions impose increased the pressure on RTÜK (Üstündağ, 2011). In a (Üstündağ, RTÜK on pressure the increased and TRT, Agency press, the of in charge Anatolian the was imposed after the host of the program criticized criticized program the of host the after imposed was within family are testing the tolerance of society” society” of tolerance the testing are family within which amounted to 93 per cent of all complaints filed filed complaints all of cent per 93 to amounted which to its powers to sanction discrimination against against discrimination sanction to powers its to the same police that they ‘had thrown stones at’ at’ stones thrown ‘had they that police same the by hit Van, badly of aprovince Kurdishthe population the Ottoman Sultan Süleyman in only three weeks, weeks, in three only Süleyman Sultan Ottoman the

“trends” in Turkey.’ 2011). in (Gülcan, “trends” Behzat Ç. Behzat of followers example, For on Twitter, which ‘rocketed to first place in the section of of section the in place first to ‘rocketed Twitter, which on th anniversary of the founding of RTÜK, founding RTÜK, the of of anniversary 43 while human rights rights human while initiated a campaign acampaign initiated - 44 45 46 The Internet Law (no. 5651) of 2007 regulates content content (no. regulates Law Internet 2007 5651) of The and children, and respect for the peace and welfare of of welfare and peace for the respect children, and and procedural (no. appertain The Atatürk 5816). against Committed Crimes on Law in the defined against crimes and for gambling; facility or aplace arranging approval of a judge of acourt. or approval all content included under that name, and that in that and name, that under included content all suicide; of abuse children; and exploitation sexual content concerns of abuse children sexual or obscenity. content provider is of Turkey outside or where the the where TİB by or phase) (at prosecution court the collective usage providers. collective of the physical, mental and moral development of youth youth of development moral and mental physical, the of enumerated in Article 8 incitement committed: are to enumerated in Article domain name, and as a consequence, block access to to access block aconsequence, as and name, domain cases where the content provider or domain provider cases Domestic experts point out that the legal grounds for grounds legal the that out point experts Domestic be blocked by ajudge by a phase), (at blocked be investigation the providers, domain providers, access providers and and providers, domainproviders providers, access human dignity and fundamental rights, the protection protection the rights, fundamental and dignity human the on publications that principles forth sets regulation reasons for a ‘suspicion’ that the following crimes crimes for a‘suspicion’ following the that reasons sufficient are there where websites to access banning of blocking orders are usually issued on the basis of of basis the on issued usually are orders blocking that ambiguous; are internet the to access blocking internet must adhere to, in addition to respect for respect to to, in adhere addition must internet is abroad, TİB orders can be executed without the the without executed be can orders TİB is abroad, the family. the facilitating the usefacilitating of drugs; prostitution; obscenity;

30 November 2007, Art. 4(1). Art. 2007, November 30 İnternet Ortamında Yapılan Yayınların Düzenlenmesi ve ve Düzenlenmesi Yayınların Yapılan Ortamında İnternet İnternet Ortamında Yapılan Yayınların Düzenlenmesine Düzenlenmesine Yayınların Yapılan Ortamında İnternet 5651 Sayılı Kanun Çerçevesinde Erişim Engelleme Kararları Kararları Engelleme Erişim Çerçevesinde Kanun Sayılı 5651 5651], available at: http://www.internethukuk.com/index. at: available 5651], accessed 21 December 2011). December 21 accessed Gazette, no. 26530, 23 May 2007. May 23 26530, no. Gazette, php?option=com_content&view=article&id=77:5651-sayl- Hakkında Kanun [Law on the Regulation of Broadcasts on on Broadcasts of Regulation the on [Law Kanun Hakkında [Decisions of Access Bans within the Framework of Law no. no. Law of Framework the within Bans Access of [Decisions Official 2007, 4May 5651, no. Internet], the through Committed Crimes Combatting on and Internet the Edilmesi Mücadele Suçlarla İşlenen Yoluyla Yayınlar Bu Broadcasts on the Internet], Official Gazette, No. 26716, 26716, No. Gazette, Official Internet], the on Broadcasts of Regulation the of Substance and Procedures the on [Regulation Yönetmelik Hakkında Esaslar ve Usul Dair kararlar&catid=34:genel-kategori&Itemid=50 (date kanun-cercevesinde-eriim-engelleme- 45 According to the Internet Law, access can Law, can Internet access the to According 44 The law authorizes the the authorizes law The 46 International experts experts International

37 38 While of the preparing government is in the process possible have the public. disclosed to not changes yet been amendments to the Internet Law, the Internet to amendments of the the content 48 47 The ECtHR joined the applications concerning ECtHR joined GoogleThe applications the The issue was eventually taken to the ECtHR. As of of As ECtHR. the to taken eventually was issue The 2011). According to a source which keeps track of of track keeps which asource 2011). to According 18,345 websites are blocked in Turkey blocked are websites 18,345

Internet Law. The official statistics on internet on internet statistics Law.Internet official The access have been issued by TİB, five per cent by a by cent per five TİB, by issued have been access such as the Kurdish question, LGBT websites and and LGBT websites Kurdish the question, as such (engelliweb.com, 2011). Among the blocked sites are are (engelliweb.com, sites blocked the 2011). Among and Last.fm. and disclosed to the public. the to disclosed challenging the bans on Youtube, on bans the challenging content, such as child pornography and hate speech speech hate and pornography child as such content, court and around and fourcourt cent per by a prosecutor. ban to decisions the of cent per 84 May 2012, of end havebeen yet changes not possible the of content Law, Internet the the to amendments preparing of orders have also been based on the Anti-Terror the on based been have also orders enumerated under crimes While the catalogue March 2012,March there were pending five petitions Both the TİB and the courts do not hesitate from from hesitate not do courts the and TİB the Both Law, other provisions of the Turkish the Law, of provisions Code, other Penal hate speech inciting to violence’ (Hammarberg, 2011a). 2011a). (Hammarberg, violence’ to inciting speech hate remove to is legitimate it if ‘[E]ven that out point news websites reporting on sensitive political issues onnews websites sensitive reporting political blocked websites, as of 26 April 2012, a total of of atotal 2012, April 26 of as websites, blocked (Akdeniz, public the to disclosed not are blockings the under powers sanctioning their to resorting blocking access to the internet, in practice blocking blocking in practice internet, the to access blocking internet sites often results in the blocking of content content of blocking in the results often sites internet blocking the internet, the from violence to inciting which has nothing to do with child pornography or or pornography child with do to nothing has which websites on sexuality (Akdeniz, 2011: 166). As of the the of As 166). (Akdeniz, 2011: sexuality on websites the Internet Law are the only legal grounds for grounds legal only the are Law Internet the

Information received from Yaman Akdeniz, 6 March 2012. 2012. 6March Akdeniz, Yaman from received Information For current statistics, visit http://engelliweb.com/ visit statistics, current For istatistikler/ 47 While the government is in the process process is in the government the While (last accessed 28 May 2012). May 28 accessed (last Google Last.fm and 48 some

of of . ‘Countries under surveillance’ (Reporters without without (Reporters ‘Countries under surveillance’ ‘safe usage of the Internet,’ requiring service providers providers Internet,’‘safe the service requiring of usage 49 The decision was perceived as yet another attempt to to attempt another yet as perceived was decision The 2011). According to the OSCE, if enforced, the filtering filtering the enforced, OSCE,if the to According In February 2011, BTK released a decision titled the the titled adecision released BTK 2011, In February OSCE region’ (Akdeniz, 2011: 26). (Akdeniz, region’ 2011: OSCE Visibly concerned, particularly with the international international the with particularly concerned, Visibly Cyber-Censorship on 12 March 2010, Reporters onReporters 12 2010, March Cyber-Censorship about internet censorship internet about in Turkey. Some point out ( State of Council the to applied and making internet filters optional and applicable applicable and optional filters internet making and the within system filtering mandatory maintained and standard package and domestic package (BTK, 2011). such as Article 301, and intellectual property rights rights property intellectual and 301, Article as such system ‘will lead to the first government controlled controlled government first the to lead ‘will system (Hammarberg, 2011: para.62). upon demand (BTK, 2011a). Following a three months months athree Following 2011a). (BTK, demand upon decision failed to put an end to the heated debate debate heated the to end an put to failed decision decision in August 2011, reducing the number of of number the reducing 2011, in August decision on 22 November 2011. BTK’s revision of its earlier earlier BTK’s its of revision 2011. November 22 on Day against World the of occasion the On execution. constitute filtering because consumers filteringconstitute were because provided DPI [deep monitoring packetinspection]-based and 2011). Turkey in 2011. Borders, list in the remained media held a public protest against the measure, measure, the against protest apublic held media blocking system’ (Kırlı system’ blocking restrict civil liberties and to render and ‘censorship liberties civil restrict packages to two (family package and child package) didnot measure the that argued BTK reaction, without Borders (RSF) included Turkey (RSF) Borders without among the while Communication the Foundation widespread and systematic’ (Altıparmak and Akdeniz, and (Altıparmak systematic’ and widespread with a choice (Altıparmak and Akdeniz, 2011a). Yet, Akdeniz, 2011a). and (Altıparmak achoice with that ‘the introduction of this system … will lead to a to lead …will thissystem of introduction ‘the that effect into came system filtering new the period, trial their customers: family package, children package, package, children package, family customers: their to four packages of one use to option the propose to faced with growing criticism, the agency revised its its revised agency the criticism, growing with faced

An example of this was the independent media website website media independent the was this of example An of the Penal Code. Code. Penal the of www.istanbul.indymedia.org, which was blocked in 2008 2008 in blocked was which www.istanbul.indymedia.org, for having insulted Turkishness in violation of Article 301 301 Article of violation in Turkishness insulted having for

50,000 individuals organized through the social social the through organized individuals 50,000 doğ, 2011). doğ, 49 Danıştay and Bianet Bianet and ) for a stay of of ) for astay The principal reason for the strong public reaction reaction public strong for the reason principal The 2008). 2008). Act in 2004, public agencies often resist providing providing resist often agencies public in 2004, Act What was striking about the terms of the aboutthe terms striking What was give information, and a high number of public public of number a high and information, give authorities are disputing are authorities Council decisions, to resistance is still ‘there courts, administrative against BTK was the fact that the measure was was measure the that fact the was BTK against such as ‘animal’ as well as words deemed deemed words as well ‘animal’ as as such services to these websites. websites. these to services public debate was the mismatch between the the mismatch between public was debate debate was the mismatch between the discourse of of discourse the between mismatch the was debate disregard decisions their of obligations. Despite deemed todeemed indicate illegal content from domain cized the filtering system as an infringement on on infringement an as system filtering the cized public the of terms the about striking was What eksisozluk.com either by ignoring them, or by appealing to adminis to appealing by them,or ignoring by either internet informed had TİB 2011, In April outrage. arbitrary and strong excessively where country While Turkey has adopted a Right to Information Information to aRight TurkeyWhile adopted has discourse of the protestors and the BTK. the and BTK. of the protestors discourse Hayat ( Hayat basis of moral values and the protection of children. children. of protection the and values moral of basis by the Right to Information Review Council and and Council Review Information to Right the by ( website dictionary a popular of providers hosting the ordered and hands own in its matters the took after, agency the Soon sanctions. punitive in result could comply to failure the that out pointed names. The list included words used in daily life, in daily used words included list The names. words 138 banning of the of companies hosting public causing been had access internet to barriers in a censorship of effort another yet as perceived latter sought to legitimize the measure on the the on measure the legitimize to sought latter information to citizens and civil society, in blatant in blatant society, civil and citizens to information ‘gay.’ agency, the by as such inappropriate TİB the protestors and the BTK. While the former criti former the While BTK. the and protestors the trative courts to challenge such decisions’ courts (Akdeniz,trative freedom of communication and privacy rights, the the rights, privacy and communication of freedom http://pembehayat.org/ and the LGBT association Pembe Pembe LGBT association the ) and ) to stop providing providing stop ) to www. - - 4.2 P 4.2 The principal obstacles to freedom of press and and press of freedom to obstacles principal The 216); and publishing or broadcasting obscene material material obscene publishing broadcasting or and 216); Anti-Terror Law are ‘at the origin of the vast majority majority Anti-Terror vast the of ‘at are origin Law the The principal obstacles to freedom of press and freedom of freedom and of press freedom to principal obstacles The government or the courts (Article 301); (Article government incitement to or the courts sentenced to a total of 21 years and nine months of of nine months and years 21 of atotal to sentenced 50 (Article 226). (Article 215);(Article incitement to hatred (Article or animosity defenders: defamation (Article 125);defenders: (Article defamation up setting crime (Article 214); praising a crime or criminals criminals or crime a 214); praising (Article crime 314); orderconstitutional (Article encouraging military the of overthrow for the organisations criminal Turkey against brought cases expression of freedom of the and Code Penal The system. legal criminal violation of freedom of expression (see section 4.4. for 4.4. (see section expression of freedom of violation expression in Turkey stem from the criminal legal system. expression system. in the from legal criminal Turkey stem High level officials, including the Prime Minister, Prime the including officials, level High Penal Code provide the legal basis for cases against against for cases basis legal the provide Code Penal brought defamation cases against journalists criticis journalists against cases brought defamation more details on this judgment). Prosecutors are are thisjudgment). on Prosecutors details more personnel to disobey the law (Article 319); discourag (Article law the disobey to personnel the under offences following para.15). The 2011: berg, imprisonment and 48,000 TL (around 20,000 Euros) (around TL 20,000 in 48,000 and imprisonment were journalists 24 In 2011, ing government. the insulting the Turkish nation, state, parliament, insulting Turkish the parliament, state, nation, 318); (Article service military from ing individuals the ECtHR gave its first ruling on this issue, finding a thisissue, finding on ruling first gave its ECtHR the 2012, (Gülcan, 2012). TL In February 50,000 of atotal to the media organs, journalists and human rights rights human and journalists organs, media the (Hammar Rights’ Human of Court European the to fines in defamation cases. Two newspapers were fined Two fined were newspapers cases. in defamation fines freedom of expression in Turkey expression the of from freedom stem

While the law was drafted anew in the name of of name the in anew drafted was law the While offences it merely re-numbered and re-worded provisions provisions re-worded and re-numbered merely it offences Articles 215, 216, 301 and 318 of the new Penal Code Code Penal new the of 318 and 301 216, 215, Articles contained in the previous penal code. For example, example, For code. penal previous the in contained regulate the same offences as Article 312, 159 and 155 of of 155 and 159 312, Article as offences same the regulate the previous law. previous the harmonizing national laws with the EU’s acquis, the with laws national harmonizing lawsenal 50

for some some for - - -

39 40 High level officials, includingthe Prime Minister,High level officials, brought defamation cases against journalists criticising the journalists against defamation cases government. government. The most widely debated and criticised provision of the the of provision criticised and debated widely most The 2007, due to a steep increase in cases brought against against brought in cases increase 2007, asteep to due 2011: 26), has not yet been taken up for review by the the by up for review taken been yet not 26), has 2011: Another provision that the prosecutors refer to for to refer prosecutors the that provision Another academic conferenceacademic on the genocide Armenian of 1915. submitted by the Ministry of Justice for an amendment amendment for an Justice of Ministry the by submitted simply on who conscientious reporting objectors Ergenekon 51 under Article 285 (breaching the confidentiality of (breaching 285 the confidentiality under Article committed crimes against the state. These two two These state. the against crimes committed having of accused are officers military where cases censor the media by penalising them on for reporting of the Penal Code, including Articles 285 and 288 (EC, (EC, 288 and 285 Articles including Code, Penal the of objection a criminal offence and the publication of of publication the and offence acriminal objection the makes which 318, is Article press the censoring Nobel laureate Orhan Pamuk. Five reputable colum reputable Five Pamuk. Orhan laureate Nobel European Commission noted that there were more more were there that noted Commission European nists of the national media were also prosecuted under under prosecuted also were media national the of nists profile cases brought against intellectuals such as the the as such intellectuals against brought cases profile high the to due largely 301, Article been has code penal provisions ‘have come to particular prominence since prominence particular ‘have to come provisions brought are Recently, cases criminal officers. military decisively to Code Penal the of use increasing making parliament. Neither has it been disclosed to the public. public. the to disclosed been it has Neither parliament. refuse to serve in the army. in the serve to refuse for journalists of conviction the caused has provision non-violent expression on of views conscientiousnon-violent journalists in connection with their writings on the the on writings their with in connection journalists influence the courts) against journalists who cover cover who journalists against courts) the influence unduly (attempting to 288 Article investigations) and ranking high against cases criminal as such issues this provision for having criticized the banning of an an banning of the for having criticized this provision these two provisions (EC, 2010: 20). The draft law law 20). draft The 2010: (EC, provisions two these of basis the on ongoing investigations 4,000 than these views in the media an aggravating factor. The The factor. aggravating an media in the views these

These were Erol Katırcıoğlu, Haluk Şahin, Hasan Cemal, Cemal, Hasan Şahin, Haluk Katırcıoğlu, Erol were These İsmet Berkan and Murat Belge. Murat and Berkan İsmet case’ (Hammarberg, 2011: para.20). The The para.20). 2011: (Hammarberg, case’ - 51

that the article is in violation of the the of is in violation v. article the that Turkey Akçam 4.3 N The article also imposes liability to the owners and and owners the to liability imposes also article The The Anti-Terror Law (no. 3713), as amended in 2006, Anti-TerrorThe in 2006, (no. Law amended as 3713), The track record of Turkish high courts in cases in cases Turkish of record courts high track The Article 301 since May 2008. Amidst growing interna growing Amidst sinceMay 2008. 301 Article Journalist TemelJournalist Demirer is being under prosecuted against intellectuals and public personalities. In personalities. public and intellectuals against in ruling by law case ECtHR established the against abolish, the provision such that prosecution in each in each prosecution that such provision the abolish, suspension of periodicals for a period of 15 days 15 up of to for aperiod periodicals of suspension under this provision, it has still been found inadequate foundinadequate been still has it thisprovision, under concerned. concerned. organs media and press the of editors-in-chief a in favour of propaganda disseminate to offence in cases prosecutor the or order court by month one equiva fine ajudicial with charged also are question owners and editors-in-chief of the media organ in organ media the of editors-in-chief and owners the media, the or press the through committed European Convention (see 4.2). section Nobel laureate Orhan Pamuk to pay around a 2,500 a2,500 pay to around Pamuk Orhan laureate Nobel sentenced Appeals of Court High the 2011, March by the human rights community. The ECtHR put an end end an put ECtHR community. The rights human the by ment. Under Article 6(4),ment. Under Article is where such offence organisa- of terrorist or leaflets publish declarations or print to 6(2) offence an it makes Article press. the of freedom curtailing provisions restrictive has lent of up to ten thousand days. Article 6(5) allows the 6(5) the allows days. Article thousand ten up to of lent imprisonment. is Where such committed offence indeed decreased the number of proceedings launched launched proceedings of number the decreased indeed of authorisation prior to subject is now case individual is extremely poor. In civil cases, high courts tend to go to tend courts high poor. cases, In civil is extremely media of freedom and expression of involving freedom where delay is detrimental. Article 7(2) an it makes Article is detrimental. delay where through the media, the sentence is increased by half. by is increased sentence the media, the through of years five to one to subject organisation, terrorist to the debates on Article 301, finding in the case of of case in the finding 301, Article on debates the to has thisamendment While Justice. of Minister the tional pressure, the government amended, but did not tions, punishable by one to three years of imprison of years three to one by punishable tions, favour of plaintiffs who bring defamation cases cases defamation bring who plaintiffs favour of ational courts - - - Turkey’s official narrative on the Kurdish question and and Kurdish the question on Turkey’s narrative official The judgment raised deep concerns judgmentThe that it raised would open Armenians.’ million one Kurds and 30,000 Turks ‘killed In criminal cases, too, high courts are heavy-handed heavy-handed are courts too, high cases, In criminal ganda, regarding instead ‘media outlets reporting reporting ‘media outlets instead regarding ganda, army and the PKK (Hammarberg, 2011: para.20). They They para.20). 2011: (Hammarberg, PKK the and army who individuals in convicting Code Penal the and for merely convicted are who individuals against additional 30 media employees were imprisoned. Of Of imprisoned. were employees media 30 additional of publishing organs the ... as issues sensitive about and any others who express opinions contradicting contradicting opinions express who others any and be ‘against state interests.’be ‘against state show an extreme reluctance to draw a distinction adistinction draw to reluctance extreme an show exercise to appear ‘prosecutors While interests.’ state High courts are heavy-handed against against heavy-handed are High courts individuals who for convicted merely are unmeritorious cases’ (Hammarberg, 2011: para.50), 2011: (Hammarberg, unmeritorious cases’ decisions. Courts loosely interpret the interpret Anti-Terror loosely decisions. Courts Law express non-violent opinions on the situation of the the of situation the on opinions non-violent express expressing dissenting non-violent opinions and/or and/or reporting on political issues deemed to to and/or deemed issues on political reporting expressing non-violent dissenting opinions Kurdish media. All but one of the 104 journalists and and journalists 104 the of one but All Kurdish media. the between conflict armed the or Kurdish minority Euro fine for having ‘violated the personalities’ of of personalities’ the for havingEuro ‘violated fine performed their duties to provide the public with with public the provide to duties their performed propa- on terrorism terrorist and reporting between buthave merit readily issue admissibility sufficient ‘against be to deemed issues political on reporting plaintiffs for having stated in an interview that the the that interview in an for having stated plaintiffs little restraint in filing criminal cases, including clearly clearly including cases, criminal filing in restraint little journalists are routinely prosecuted on charges of of charges on prosecuted routinely are journalists cases whether scrutinize sufficiently not judges do information. As of the end of 2011, 104 journalists and and journalists 104 2011, of end the of As information. illegal organizations’ (OSCE, 2011). Consequently, these 64 and 29 respectively, are members of the the of members are respectively, 29 and 64 these simply for having ‘terrorists’ as treated and terrorism the genocide. Armenian the gate to a flood of defamation cases against Pamuk Pamuk against cases defamation of aflood to gate the The Turkish Constitutional Court’s case law on on law case Court’s TurkishThe Constitutional 30 media employees are on trial for terrorism related related for terrorism trial on are employees media 30 Article 6(5) Anti-Terror the of compatible Article be to Law Journalists are routinely prosecuted on charges of terrorism on charges routinely are prosecuted Journalists grounds that the suspension of the future publications publications future the of suspension the that grounds accordance with the ECHR standards, on the other other the on standards, ECHR the with accordance annulment (Constitutional 2009). Where the Court, and fourand months for weeklies. upon infringed aperiodical of distribution and restrictive review to declined has Court The atic. and Altan, 2012). Altan, and such lengthy periods that detention time turns into into turns time detention that periods lengthy such their duties to provide the public with information. information. with public provide the to duties their 52 cases. Once this decision enters into force in July 2012, in force July 2012, into enters thisdecision Once cases. Court Constitutional the 2May 2011, On changes. criminal laws, even when the head of the executive executive the of head the when even laws, criminal of imprisoned journalists had decreased to 101 (Kaya (Kaya 101 to decreased had journalists imprisoned of number the 2012, April 26 of (Gülcan, 2012). As charges and treated as ‘terrorists’ simply ‘terrorists’ for having as performed treated and Pre-trial detention is very long in long Turkey. is very detention Journalists, Pre-trial restraints if they want to file a case about apublica about acase file to want they if restraints time certain to bound longer no be will prosecutors such overturned hand, Court the Constitutional in reforms legal progressive adopted parliament multiple offences with extremely heavy sentences, sentences, heavy extremely with offences multiple for convicted often are Journalists punishment. by brought so.In do acase to it on called has branch like other defendants, are detained on remand for remand on detained are defendants, like other invalidated Article 26 of the Press Law, Press the imposes of which 26 Article invalidated with the constitution and rejected the request for request the rejected and constitution the with time limits on prosecutors for launching criminal criminal launching for prosecutors on limits time tion in a periodical. Currently, the maximum period for period Currently, maximum the in aperiodical. tion the former President on Sezer the AhmetNecdet facing parole. life without sentences for dailies publication after months is two acase filing foundfreedom of the press, Court the Constitutional freedom of the press and expression is also problem is also expression and press the of freedom

The detention on remand and the conviction of journalists journalists of conviction the and remand on detention The are not new phenomena in Turkey. In the 1990s, scores of of scores Turkey. in 1990s, the In phenomena new not are 52 In 2010, 33 33 In 2010, - -

41 42 The editor-in-chief ofThe the Kurdish-language daily Azadiya Welat was sentenced to 166 years of imprisonment. 166years to Welat sentenced was These sanctions were imposed notwithstanding a notwithstanding imposed were sanctions These attention to the gap between the ECtHR case law and and law case ECtHR the between gap the to attention and if so, whether the public has a legitimate interest interest alegitimate has public the so, if whether and imprisonment. of years 166 to sentenced was Welat and Ahmet Şık on charges of ‘incitement to hatred and and hatred to ‘incitement of Şık charges on Ahmet and sioner for Human Rights stated that ‘there is no is no ‘there that stated Rights for Human sioner 53 (Hammarberg, 2011: para.37). interest)’ public and truth of defences (the so-called Azadiya Azadiya daily Kurdish-language the of editor-in-chief detention in March 2011 of journalists Nedim Şener Şener Nedim journalists of 2011 in March detention ECtHR judgment which found the suspending of suspending of foundthe which judgment ECtHR Dozens of journalists have been convicted under this under convicted have been journalists Dozens of Perhaps no other criminal case launched against against launched case criminal other no Perhaps remained to be seen, to be in violation of the Euro the of in violation be to seen, be to remained revise Article 6(5) Anti-Terror the of Article Law.revise Drawing to government the upon called and Convention pean law, sentencing whose decisions on are appeal. journalists has resulted in as strong a reaction as the the as areaction strong in as resulted has journalists imprisonment under the Anti-Terror Law (BIA, 2010: 1). Anti-Terror the under 2010: imprisonment (BIA, Law of years 365 of atotal to sentenced were individuals in and a right to obtain the information in question in question information the obtain to aright in and when deciding courts, onindication that domestic whether the content of journalistic reporting is true, is true, reporting journalistic of content the whether the judgments of national courts, the CoE Commis CoE the courts, national of judgments the future publications of periodicals, whose content whose periodicals, of future publications freedom of expression cases, systematically assess assess systematically cases, expression of freedom

‘1990s phenomenon’ was reminded to the authors by Erol Erol by authors the to reminded was phenomenon’ ‘1990s Among these are Cengiz Kapmaz, Hakan Tahmaz, İlkem İlkem Tahmaz, Hakan Kapmaz, Cengiz are these Among Özgür Gündem Özgür daily pro-Kurdish of editor the Yurtçu, of Yurtçu. Yurtçu. of changes aiming at enhancing media freedom. One One freedom. media enhancing at aiming changes to tried government, current the like extent certain as conditional amnesty laws rather than structural structural than rather laws amnesty conditional as such solutions temporary through ‘problem’ the alleviate a to 1990s, the of Governments work. journalistic and Önderoğlu, who also brought to their attention the case case the attention their to brought also who Önderoğlu, wing dissident media, were imprisoned for their writings writings their for imprisoned were media, dissident wing Sebati Karakurt. Contribution of Erol Önderoğlu. Önderoğlu. Erol of Contribution Karakurt. Sebati Ezgi Aşam, İrfan Aktan, Merve Erol, Ragıp Zarakolu and and Zarakolu Ragıp Erol, Merve Aktan, İrfan Aşam, Ezgi journalist who was released in such way was Ocak Işık Işık Ocak was way such in released was who journalist journalists, particularly from the pro-Kurdish and left left and pro-Kurdish the from particularly journalists, 53 The The . The . The - - The cases brought against journalists drew fierce fierce drew journalists against brought cases The 2012. The case against them continues and dozens of and continues them against case The 2012. Commissioner for Human Rights expressed deep deep expressed Rights for Human Commissioner and two other journalists were released on 12 March March 12 on released were journalists other two and Şener Şık, Nedim Ahmet campaigns, international and a criminal case involving the media in Turkey. media involvingthe case a criminal The animosity’ subsequent confiscation by the police of the unpub the of police the by confiscation subsequent Ergenekon in the public’s faith the shattered 57 56 55 54 criticism from the international community. Various different segments of the media and society, but also also but society, and media the of segments different expression, of the press and of publication’ (Hammar publication’ of and press the of expression, manuscript, unpublished an of copies seize to courts concern ‘about the decision and of the prosecutors European of Journalists Federation Kurdish and revolutionary left movements had been been had movements left revolutionary Kurdish and berg, 2011: para.49). As a result of intense national national intense of aresult As para.49). 2011: berg, media led to an unprecedented public debate around around debate public unprecedented an to led media renowned two these of detention the prosecuted, journalists remain in on detention journalists remand. lished manuscripts of Ahmet Şık’s book Ahmet of manuscripts lished international organizations such as the Organization Organization the organizations such as international journalists working in media associated with the the with associated in media working journalists intensified the debate on media freedom. The CoE CoE The freedom. media on debate the intensified incident has not only given rise to protests by by protests to rise onlygiven not has incident mainstream for the working journalists investigative which has serious chilling effects on freedom of of freedom on effects chilling serious has which tion.’ While, prior to this incident, hundreds of of hundreds thisincident, to tion.’ prior While, for Security and Co-operation in(OSCE), Europe Co-operation and for Security Titled Titled

The European Federation for Journalists launched a launched Journalists for Federation European The On 4 April 2011, the OSCE Representative on Freedom of of Freedom on Representative OSCE the 2011, 4April On two the Currently, dropped. subsequently was charge This Annex, 2011). Annex, contained the names of 57 imprisoned journalists (OSCE journalists imprisoned 57 of names the contained campaign titled ‘Set Turkish Journalists Free,’ available Free,’ available Journalists Turkish ‘Set titled campaign at: http://europe.ifj.org/fr/pages/turkey-campaign-set- about the alleged links between the Fethullah Gülen Gülen Fethullah the between links alleged the about authorities to bring the regulations governing journalism journalism governing regulations the bring to authorities (OSCE, Statement, 2011). The annex of the statement statement the of annex The 2011). Statement, (OSCE, movement and the police in Turkey. in police the and movement Ergenekon terrorist organization.’ the Media made a written statement, calling upon Turkish Turkish upon calling statement, awritten made Media the in line with the OSCE’s standards on media freedom freedom media on standards OSCE’s the with line in journalists-free (date accessed 21 November 2011). November 21 accessed (date journalists-free journalists are solely charged with ‘membership to the the to ‘membership with charged solely are journalists (The Army of the İmam), the book is is book the İmam), the of Army (The Ordusu İmamın 54 and ‘membership and organiza- of a terrorist 57 and the CoE CoE the and 55 has further further has case. The The case. 56

the the - , - ‘because of their relations with terrorist organizations, organizations, terrorist with relations their of ‘because ‘the deterioration in freedom of the press, about certain certain about press, the of in freedom deterioration ‘the The judgment provoked such a strong public reaction reaction public astrong such provoked judgment The The cases brought against journalists drew journalists brought against cases The In addition to prosecuting journalists, courts routinely In addition to prosecuting courts journalists, Talk and their attempts to topple the government.’ the Prime topple to attempts their and acts of censorship growing about and self-censorship acts against the pro-Kurdish daily Özgür daily Gündem pro-Kurdish the against fierce criticism from the international international the from criticism fierce stating that the imprisoned journalists were behind the the behind were journalists imprisoned the that stating single journalist imprisoned for journalism and that that and journalism for imprisoned journalist single situation and called on the government to take the the take to government the on called and situation (European Parliament, 2011: para.8). The Turkish The Prime para.8). 2011: Parliament, (European (Hammarberg, 2011) pointed out the gravity of the the of gravity the out 2011) pointed (Hammarberg, countries, as part of a campaign “run by calling police police “run calling by acampaign of part as countries, Azadiya Welat Azadiya daily or judicial harassment’ and expressing and concern about or judicial harassment’ community. community. Freedom Index, which ranked Turkey ranked Index, which Freedom 148 RSF’s Press World protested similarly Erdoğan Minister subjective, and biased as report the rebuked Minister March 2011, naming cases against journalists as ‘police as journalists against naming cases 2011, March on 9 report critical issuedEuropean a Parliament very ECtHR rulings. In 2010 alone, the Kurdish language Kurdish the language alone, In 2010 rulings. ECtHR bars not because of their journalistic activities but but activities journalistic their of because not bars murder and robbery” (Söylemez, 2012).murder robbery” and acoup of supporters and molesters sexual murderers, requisite measures to ensure press freedom. The The freedom. ensure press to measures requisite made the propaganda of the terrorist organization. organization. terrorist the of propaganda the made suspension issued a one-month court penal order ahigh 2012, March 24 On time. each periods month ly make such attempts to discredit imprisoned imprisoned discredit to attempts such ly make journalists” (BİA, 2012). Government officials frequent officials 2012). Government (BİA, journalists” Hard Hard with recently, Most interview in an journalists. later. later. in Charge of EU Affairs, claimed that there is not exist a exist is not there that claimed EU Affairs, of in Charge issue criminal sanctions against newspapers, despite despite newspapers, against sanctions criminal issue within the Turkish media, including on the Internet’ Turkish the within Internet’ the on including media, those in prison were charged with crimes such as “rape, “rape, as such crimes with charged were in prison those that the same court reversed its decision a few days afew decision its reversed court same the that broadcasted on BBC, Egemen Bağış, the Minister Minister the Egemen Bağış, BBC, on broadcasted was suspended thrice for one for one thrice suspended was th among 179 179 among for having - 4.4 T 4.4 Turkey The obstacles to media freedom stemming from the the from stemming freedom media to obstacles The The vast majority of cases on media freedom and and freedom media on cases of majority vast The The ECtHR found that the warnings and license license and warnings the foundthat ECtHR The In October 2010, the ECtHR found such a sanction to to asanction foundsuch ECtHR the 2010, In October Court stated that the statements at issue did not didnot issue at statements the that stated Court general interest that had already been published by by published been already had that interest general sanctioning broadcasters, on the basis of which RTÜK RTÜK which of basis the on broadcasters, sanctioning scrutinised Article 6(5) Anti-Terror the of Article Law,scrutinised suspensions imposed by RTÜK violated Article 10. The The 10. Article violated RTÜK by imposed suspensions 59 58 decisions based on the Penal Code and the Anti-Terror the and Code Penal the on based decisions less or more maintains law earlier, new the discussed fine the making and instead, fines ducing monetary did not prevent RTÜK from issuing similar sanctions. sanctions. issuing from similar RTÜK prevent did not continues to operate. continues to operate. other media without being prosecuted. This judgment judgment This prosecuted. being without media other of entire newspapers, whose content was yet un yet was content whose newspapers, entire of publication future the banning of the that concluding Broadcasting Law (no. 3984) were raised for the first first for the (no. Law raised were 3984) Broadcasting Law. In the case of Ürper of andLaw. Others case In the (no. legal Law the 6112) increased Broadcasting Recently, have some had ECtHR’s the judgments proportional to the size of the company. size the the of to However, as proportional new The regulation. content media on impact positive be arbitrary and in violation of freedom of the press. the of freedom of in violation and arbitrary be known, had a chilling effect on applicants, dissuading applicants, on effect achilling had known, incite violence or hatred but covered questions of of questions covered but hatred or violence incite 60 Özgür Radyo Özgür of case in the ECtHR the before time the same subjective, unclear and open grounds for grounds open and unclear subjective, same the intro broadcasting, of suspension the for threshold thus constituted censorship. The ECtHR issued a issued ECtHR The censorship. constituted thus and future, in the news publishing similar from them freedom of expression brought to the ECtHR are are ECtHR the to brought expression of freedom

ECtHR, ECtHR, ECtHR, 15022/07, 15737/07, 36137/07, 47245/07, 50371/07, 50372/07 (no. 64178/00, 64179/00, 64181/00, 64181/00, 64179/00, (no. v. 64178/00, A.Ş. Turkey Tanıtım 54637/07), 20 October 2009. October 20 54637/07), and (no. 42284/05) 64183/00, 64184/00), 30 June 2006. June 30 64184/00), 64183/00, EChe (nos. 14526/07, 14747/07, 14526/07, (nos. v. Turkey Others and Ürper v. A.Ş. Turkey Yayıncılığı Televizyon ve Radyo Nur Özgür Radyo-Ses Radyo Televizyon Yayın Yapım ve Televizyon Radyo Radyo-Ses Özgür t 12 October 2010. October , 12 media on HR freedom in , the Court Court , the 60

- . 58

- 59

43 44 Two recent ECtHR decisions caused embarrassment for embarrassment Two caused ECtHR decisions recent version of Article 301 would prevent arbitrary prosecutions prosecutions arbitrary prevent would 301 Article of version for non-violent opinions. opinions. non-violent for the government, that the amended which had argued The ECtHR also took note of the fact that the Consti the that fact the of note took also ECtHR The Two recent ECtHR decisions in particular caused caused Two in particular decisions ECtHR recent Article 301, requiring prior written authorization by requiringauthorization 301, written prior Article Turkey Akçam v. Akçam of case in the 2011, 25 October On Strasbourg. a violation of Article 10 on account of Hrant Dink’s Hrant of account on 10 Article of a violation amendment, too, failed to prevent further defeat in defeat further prevent to too, failed amendment, Turgay and Others and Turgay of case in the judgment similar organisations and their members violated Article 10 of of 10 Article violated members their and organisations embarrassment for the Turkishembarrassment government, which conviction for ‘insulting Turkishness’ in his article article his in Turkishness’ ‘insulting for conviction v. found Dink of Court Turkey,the case In the opinions. enemy of the Turks and turned into an object of hatred hatred of object an Turks into the of turned enemy and Dink created such a strong protest that the govern the that protest astrong such created Dink media freedom. Concerning paragraph 2 of Article 6, Article 2of paragraph Concerning freedom. media had argued that the amended version of Article 301 301 Article of version amended the that argued had published in the Armenian-Turkish weekly Agos Armenian-Turkish weekly the in published place by the legislator to prevent the abusive applica abusive the prevent to legislator the by place ment was compelled to amend (but not abolish) not (but amend to compelled was ment and his of conviction account on media national the by 63 62 would prevent arbitrary prosecutions for non-violent would prevent arbitrary 61 was an Armenian journalist who was portrayed as an an as portrayed was who journalist Armenian an was who was subsequently assassinated. The murder of of murder The assassinated. subsequently was who the Convention.the illegal of statements for havingtion published convic criminal applicants’ the that held ECtHR the the Ürperthe and Others Turkey of account into taken Court not had tutional tion of Article 301 by the judiciary do not provide a provide not do judiciary the by 301 Article of tion the Minister of Justice for the launch of a case. This This acase. of launch for the Justice of Minister the

31098/05), 6 July 2010. 6July 31098/05), ECtHR, ECtHR, ECtHR, 7072/09 and 7124/09), 14 September 2010. September 14 7124/09), and 7072/09 and 8366/08), 15 June 2010. June 15 8366/08), and , the ECtHR held that ‘the safeguards put in put safeguards ‘the that held ECtHR , the (no. 43453/04 and and (no. v. 43453/04 Özer Turkey and Gözel (no. 2668/07, 6102/08, 30079/08, 30079/08, 6102/08, (no. v. 2668/07, Dink Turkey Turgay and Others v. Turkey 62

judgment jurisprudence in its on (no. 8306/08, 8340/08 8340/08 (no. 8306/08, . 63 . Dink Dink 61 -

- - - “was obliged to display a greater degree of “was display obligedto degree agreater According to the ECtHR, journalistic freedom freedom the ECtHR, to journalistic According Akçam, The ECtHR also addressed the defamation cases cases defamation the addressed also ECtHR The Gözel and Özer and in Gözel ECtHR’sThe judgments Court also pointed out the significant amount of of amount significant the out pointed also Court attitudes of the Ministry of Justice and open the way the open and Justice of Ministry the of attitudes acceptable criticism are broader as regards to to regards as broader are criticism acceptable attacked Prime Minister Tayyip Minister Prime Erdoğan’s personal attacked tolerance.” (around 2,000 Euros)(around for having 2,000 in compensation of being directly affected by the provision because any any because provision the by affected directly being of officials.” pay, to ordered was applicant the that compensation The tolerance.” of degree agreater display to obliged “was Minister Prime the and provocation” even also extends to “a to of exaggeration, degree or extends also even provocation” the and Prime Minister Tuşalp v. Tuşalp of Turkey case in the 2012 February European Convention. held that the sentencing of a journalist to pay 5,000 TL TL pay to 5,000 ajournalist of sentencing the that held 21 dated judgment In its journalists. against brought political change in time might affect the interpretative interpretative the affect might change in time political risk the remove or guarantee continuous and reliable politicians. According to the ECtHR, journalistic journalistic ECtHR, the to According politicians. function essential an fulfils press “the that reiterated Minister, Prime the Court the against attack personal rights violated Article 10 of the Convention. the of 10 Article violated rights in a democratic society” and that the parameters of of parameters the that and society” in ademocratic 65 64 which “could from others criticising deter public the article itself to have violated Article 10 of the the of 10 Article have to violated itself article the also but 301, Article under prosecution applicant’s the the amended version of the Penal Code (in and 2005) Code Penal the of version amended the for arbitrary prosecutions.’ for arbitrary freedom also extends to “a degree of exaggeration, or or exaggeration, “a of to degree extends also freedom a constitute didnot criticisms the that finding

ECtHR, ECtHR, 2011, para. 94. para. 2011, February 2012. February which concerned criminal convictions based on which criminal concerned based convictions (no. 32131/08 and 41617/08), 21 21 41617/08), and (no. v. 32131/08 Turkey Tuşalp October 25 (no. v. 27520/07), Turkey Akçam Taner 64 The Court found not only only foundnot Court The , Dink , the Court Court , the 65 In In and and ‘prosecutors and courts in Turkey often perceive in Turkey perceive courts often and ‘prosecutors The persistence of the Turkish judiciary to disregard disregard to Turkish the of judiciary persistence The 2011). Pointing out that the ECtHR found violations in found violations ECtHR the 2011). that Pointing out Judge Işıl Karakaş stated that Turkey has the worst Turkey that worst the stated has Karakaş Judge Işıl abolishment of Article 301. 301. Article of abolishment the of in violation as Code Penal the of 301 Article and 6(2) (5) and Article to Anti-Terror the of attention Law stem from anti-democratic laws, but also from the the from also but laws, anti-democratic from stem stemming from the laws but also from judges who judges who from also but laws the from stemming judiciary,’ the of approach adjudicative in the shift et al et (Kurban, entrenched understandings of judgesentrenched understandings prosecu and dissidence and criticism, as well as the expression of of expression the as well as criticism, and dissidence expression among all members of the CoE (Karaca, (Karaca, CoE the of members all among expression Turkish to press, interview In an embarrassment. voiced on many occasions by the domestic and and domestic the by occasions many on voiced ECtHR judge, and the Turkish judge, the ECtHR and no judgebench the on European for Convention the explicitly and called Karakaş of the ECtHR, who emphasized that long long that emphasized who ECtHR, the of Karakaş adrastic of absence in ‘the that stated Rights Human more than 200 cases against Turkey, against 10 to opposed cases as 200 than more of freedom and press the of freedom on record recently, unconventionally an criticism bold by an texts former the of contents ‘have the kept reforms periods of pre-trial detention was not just a problem aproblem just not was detention pre-trial of periods Judge by made also was point para.39). Asimilar 2011: (Hammarberg, press of freedom of protection the to athreat as primarily identities, minority less, caused the government major diplomatic diplomatic major government the caused less, para.15). More 2011: (Hammarberg, intact’ largely legal reforms will not be sufficient to ensure the ensure the to sufficient be not will reforms legal in the case of France, Judge Karakaş particularly drew drew particularly Judge Karakaş France, of case in the the that community rights human international integrity of the state,’ the CoE Commissioner for Commissioner CoE state,’ the the of integrity 66 tors. the ECHR standards and the ECtHR’s case law law ECtHR’s the case and standards ECHR the the Anti-Terror Law (in 2006), validated the concern concern the Anti-Terrorthe validated (in Law 2006), freedom of press and expression in Turkey expression and only not do press of freedom

A research study based on in depth interviews with judges judges with interviews depth in on based study A research and prosecutors of first degree courts reveals how how reveals courts degree first of prosecutors and prevalent the statist mentality can be among members of of members among be can mentality statist the prevalent the legal profession (Sancar and Ümit, 2009). 2009). Ümit, and (Sancar profession legal the 66 Making reference to his observation that that his to observation reference Making ., 2008) shows that the infringement of of infringement the that ., shows 2008) - The persistence of the Turkish judiciary to disregard the disregard to of the Turkish judiciary persistence The ECHR standards shows that the infringement standards of freedom ECHR decide on the continuation of detentions ‘on the basis of cliché’ remarks which do not provide sufficient sufficient provide not do which remarks cliché’ of of press and expression also stem from the entrenched the from entrenched stem expression and of also press understandings of prosecutors. judgesand understandings reasoning 2011). (Karaca,

45 46 5. The Journalistic Profession

- each and every coup of 1960, 1971 and 1980 was was 1980 and 1971 1960, of coup every and - each The deregulation of the media markets in the 1990s 1990s in the markets media the of deregulation The The true shift in the journalistic profession came at at came profession journalistic in the shift true The 5. The5. Journalistic Profession 1950, the conflict between the ‘opponent’ (Istanbul) (Istanbul) ‘opponent’ the between conflict the 1950, and ‘proponent’ (Ankara) press emanated from from emanated (Ankara) press ‘proponent’ and state/government repression or pressure (Elmas and and (Elmas pressure or repression state/government Ottoman the of modernization in the role significant structure. Traditionalstructure. media ownership family-owned freedom. for media repercussions significant different approaches to the political regime. While While regime. political the to approaches different opponent journalists were by prosecuted the Indeopponent journalists of the press (Bek, 2004). 2004). (Bek, press the of commercialization of the media an ended with Kurban, 2011). During the early years of the republic, republic, the of years early the 2011). During Kurban, press The Republic. the of foundation the Empire and a played Turkish journalists beginning, the From pendence Courts ( pendence Courts has also consistently been the potential target of of target potential the been consistently also has resulted in relation the development of ‘clientalist’ the d’état climate, post-coup authoritarian politically the to due Also operations. media their to mentality’ (no. Law Labour 5953) in favour the of to ment with ended soon honeymoon the regime, multiparty the of years first during the adopted law press journalists – and despite the protests of press owners owners press of protests the despite –and journalists aliberal via rights social some obtained journalists increase in the sensationalisation and tabloidization tabloidization and in sensationalisation the increase of owners economy. new the of The industries in other was replaced by new investors who already operated operated already who investors new by replaced was them were exiled. During the single party regime until until regime party single the During exiled. were them the Turkish press gradually carried the ‘corporate ‘corporate the carried Turkishthe gradually press ownership new the through 1980s the of beginning the d’état coup first the Although government. the of policies censorship the followed by a period of military rule, which had had which rule, military of aperiod by followed İstiklâl Mahkemeleri provided a truly liberal amend a provided truly liberal ) and most of of most ) and - - - ‘state interest.’ interest.’ ‘state Turkey’s military establishment, published fictitious fictitious published establishment, Turkey’s military thisnew of consequence political important most The While media owners competed with each other withfinancially, each While owners competed media 5.1 and Mehmet Ali Birand, two renowned journalists journalists renowned Mehmet AliBirand,and two ships between media patrons and the state, whereby whereby state, the and patrons media ships between they by and large shared a common mindset which rested which rested mindset they acommon by largeshared and using their media outlets (Christensen, 2007: 185). At 2007: (Christensen, using outlets media their command of the chief of staff, allegedly quoted from from quoted allegedly staff, of chief the of command of 28 February 1997, which many consider to be the the be to 1997, consider many which February 28 of Kurdistan- PKK of payroll the on were they that alleged which staff of common mindset which rested on protecting the the protecting on rested which mindset common a shared large and by financially, they other each on protecting the ‘stateon protecting interest.’ Mainstream media organisations, prompted by by prompted organisations, media Mainstream mainstream media, who did not feel the need to verify verify to need the feel didnot who media, mainstream the by agents’ ‘PKK as labelled were journalists both in second the then Bir, was Çevik by who general the news/content on the rise of Islamism. Cengiz Çandar Çandar Cengiz Islamism. of rise the on news/content coup’ military ‘post-modern the was structure media maximize their profits in their other activity areas areas activity other in their profits their maximize working for a mainstream media organ, also became became also organ, media for amainstream working the testimony of a PKK militant turned- informant, informant, turned- militant aPKK of testimony the the Kurdistan Workers’ Party ( Party Workers’ Kurdistan the chief army the by leaked news fictitious the of targets the former began to exert pressure on politicians to to politicians on pressure exert to began former the the same time, while media owners competed with with competed owners media while time, same the fourth instance of military intervention in Turkey. intervention military of instance fourth and P pressure olitical

self ). Based on false documents fabricated fabricated documents false on ). Based - censorship Partiya Kerkerên , patronage

49 50 The patronage relationship, or the “vicious triangle” triangle” “vicious the or relationship, patronage The The collaborative attempts of a group of political elites elites political of agroup of attempts collaborative The 2002 national elections (Alpay, the elections After national 2010). 2002 10 February 2008, the amendment constitutional 2008, February 10 agent survived an assassination attempt (Elmas and and (Elmas attempt assassination an survived agent and some years later Çandar were fired from the the from fired were Çandar later years some and and the media. The fall out was particularly visible in visible particularly was out fall The media. the and power Party’s AK to end an bring to owners media and adopted by the parliament to legalize the headscarf at at headscarf the legalize to parliament the by adopted system were transferred to TMSF and in time sold sold in time and TMSF to transferred were system second electoral victory in the local elections of 2004. 2004. of elections local in the victory electoral second sectors to withdraw from the market, groups manag groups market, the from withdraw to sectors (Alpay, 2010) of media and politicians conglomerates, universities was covered by Hürriyet by covered was universities enterprises belonging to those wiped out of the the of out wiped those to belonging enterprises owners initially supported the new government. This This government. new the supported initially owners media the in 2002, power to came Party AK When example of using the media for business gains and and gains usingfor business of media the example eight television and radio stations and two newspa two and stations radio and television eight caused irreversible conflicts between the government between irreversiblecaused conflicts Kurban, 2011). Kurban, businessmen positive atmosphere largely eroded after AK Party’s Party’s AK after eroded largely atmosphere positive national daily Sabah daily national political interest was the case of Cem Uzan, one of the the of Uzan, one Cem of case the was interest political flagrant most the 1990s, sector. In late banking pers to support his nationalist Youth Party during the during the Youth his Party nationalist support to pers leading human rights activist also branded as a PKK aPKK as branded also activist rights human leading leading media owners at the time. Uzan mobilized his mobilized Uzan time. the at owners media leading ing to remain in the media sector got stronger while while got stronger sector media in the ing remain to 67 through tenders. the information leaked from the military. First Birand Birand First military. the from leaked information the that had investments in both the financial and media media and financial the in both investments had that the government reform packages. Most strikingly, on Most packages. reform government the to Group) group’s media opposition (Doğan largest the financial crisis through widespread corruptions in the the in corruptions widespread through crisis financial financial crisisfinancial which forced some of the corporations

The information recently revealed by the criminal criminal the by revealed recently information The Alpay refers to and has engaged in ‘rampant corruptions’ corruptions’ ‘rampant in engaged has and to refers Alpay that the military was also a part of the coalition that that coalition the of apart also was military the that investigations into the February 28 February the into investigations in the period running up to the 2001 financial crisis. crisis. financial 2001 the to up running period the in 67 also laid the ground for the 2001 2001 for the ground the laid also by their media owners, while a while owners, media their by th process indicates indicates process , the biggest biggest , the - - ‘pro-government’ is an inevitable outcome of the 2001 2001 the of outcome inevitable is an ‘pro-government’ Turkish ‘411 daily, headline the with to rose hands 2011). To illustrate this change, Duran refers to the the to refers 2011). To thischange, Duran illustrate As experienced journalist Ragıp Duran suggested, the the suggested, Duran Ragıp journalist experienced As AKP comparison. Others, however, the that Others, believe comparison. AKP In response, the AK Party government In response,Party the AK group was bought by Çalık Holding, which has close close has which Holding, Çalık by bought was group demon inmass favour opinion of public generating stream media. In 2007, the second largest media media largest In 2007, second media. the stream against secularism protecting of name in the strations sector from the media and the entry of new capital to to capital new of entry the and media the from sector developed a dual strategy to eliminate media opposi media eliminate to strategy adual developed disproportionately heavy fines for tax fraud. On the the On fraud. for tax fines heavy disproportionately downsize by introducing media investments its companies to ‘reconfigured’ or ‘proponent’ media com main the reconfigured government hand, the other chaos,’ referring to the number of parliamentarians crisis, which resulted in the withdrawal of the financial financial the of withdrawal in the resulted crisis, which as is named media most where situation current developed a dual strategy to eliminate media media eliminate to strategy developed a dual opposition. nized by groups involving retired high rank military military rank high involvingretired groups nized by needs to be analyzed in accordance with a pre and post post and apre with in accordance analyzed be to needs in Turkey, media for the amilestone was power which coming AKP’s to that argue analysts Some panies. henceforth became ‘green,’ apro-mili from became shifting henceforth media which formerly wore the (invisible) ‘epaulette’ meeting the Prime Minister convened in October 2011 2011 in October convened Minister Prime the meeting leaders. In response, the AK Party government government Party AK the In response, leaders. was also instrumental in instrumental also favour. in was Hürriyet voted who 68 the power shifted from opponent mainstream media media mainstream opponent from shifted power the Minister. Prime the of Thus, son-in-law is the this group of board the of chairman The banks. public major two by provided credits to thanks government, the to ties to Group Doğan the forced hand, it one On tion. the government,- which werefound later toco-orga be tary to a pro-Islamist government position (Duran, (Duran, position government apro-Islamist to tary fill the gap. the fill

Minutes of the workshop on the topic of ‘Media and and ‘Media of topic the on workshop the of Minutes democratisation’, Istanbul, 08/10/2010. 68

- - - - - Turkey presents an obstacle to media diversity and and diversity media to obstacle Turkey an presents ownership the only not influenced power shifting The These concerns also apply to the coverage of econom of coverage the to apply also concerns These Agency (AA), Turkish News Agency (AHT), Ankara Ankara (AA), Turkish (AHT), Agency Agency News The shifting power influenced not only the power influenced shifting The 70 and İhlas News Agency (İHA) announced in ajoint announced (İHA) Agency News İhlas and age of ‘terrorism and violence incidents.’ The day after day after The incidents.’ violence and ‘terrorism of age about social and environmental and or affairs.’ world social about self-censorship. Thereby, increased and pointed as statement that they were going were “comply they to the that with statement statement against both the government and the the and government the both against statement domestically, attention issued RSF a critical sufficient such a monopoly that it does not cover any news news any cover not does it that amonopoly such policies editorial also indirectly albeit but structure, (Söylemez, 2011b). While the incident did not receive receive didnot incident the 2011b). While (Söylemez, undertaking by the leading news agencies to toe the the toe to agencies news leading the by undertaking united stand of the media patrons: “We had hoped hoped had “We patrons: media the of stand united official line now poses a serious threat to freedom of of freedom to threat aserious poses now line official out by a journalist, the media ownership structure in structure ownership media the ajournalist, by out coverage regarding the biggest 10 companies inTurkey companies 10 biggest the regarding coverage and increased self-censorship. increased and News Agency (ANKA), Cihan News Agency (CİHAN) (CİHAN) Agency News Cihan (ANKA), Agency News ownership structure, but also editorial policies policies editorial ownership but also structure, publication bans of the competent authorities”’ media how to cover the most sensitive subjects was was subjects sensitive most the cover to how media morning, I see two groups. The media has established established has media The groups. two Isee morning, in the newspapers the at Ilook ‘When pluralism: long over in Turkey. The very vaguely formulated in over Turkey.long formulated vaguely very The information.” ic news. It is not possible to read any negative negative any read to It possible is not news. ic with the owners and executives of media organiza media of executives and owners the with 69 that the era of government directives telling the the telling directives government of era the that this meeting, the five biggest news agencies ‘Anadolu agencies news biggest five the this meeting, ‘sensible’ cover in be their to them beseech to tions

Minutes of the workshop on the topic of ‘Media and and ‘Media of topic the on workshop the of Minutes http://en.rsf.org/turkey-journalists-under-pressure- democratisation’, Istanbul, 08/10/2010. as-26-10-2011,41282.html. 69

70 -

- - – particularly on the Kurdish question- as evidence of of evidence as Kurdish the question- on – particularly The media owners’ preoccupation with good keeping owners’ preoccupation media The 71 On the other hand, the media owners’ preoccupation preoccupation owners’ media hand, the other the On Güven, one of the most respected and reliable reliable and respected most the of Güven, one government issued a press statement. By that time, time, By that statement. apress issued government argued that this was rather the consequence of of consequence the rather thiswas that argued shattered the reliability of the mass mediain the the mediain mass the of reliability the shattered Twitter. incident This in particular media, social stream media did not cover the massacre in the first 18 18 first in the massacre the cover didnot media stream sector. financial in the non-unionization or strikes journalists. journalists. (Duran, 2012). The advertising pressure prevents the the prevents pressure advertising 2012). The (Duran, dissemination of news. Similarly,the discharge of Banu Similarly,the Banu news. of of discharge dissemination salient most The journalists. facing threats direct demonstrated that self-censorship from arose demonstrated the of 34 Kurdish civilians who were bombed by military military by bombed were who Kurdish civilians 34 of of thisexample the death phenomenon emerged after coverage of government policies on the Kurdish the issue on policies government of coverage relations with the state has been more decisive been in self- with has therelations state villagers engaged in cross-border smuggling who were were who smuggling in cross-border engaged villagers censorship in comparison with direct threats facing in with threats comparison direct censorship Hakkari province at the end of 2011. The victims were were victims The 2011. of end the at province Hakkari hours and released their first coverage only after the the after only coverage first their released and hours main The militants. PKK as mistaken reportedly more decisive in self-censorship in comparison with media on corruptions, from reporting dismissals, ruling party (Tekerek, 2011). The dismissal in 2012 of a of in (Tekerek, 2012 dismissal 2011). The party ruling the from pressure than rather policies owners’ media journalists on television,journalists following her critical incident through the Kurdish news sources and the the and sources Kurdish the news through incident increasing government pressure on the media, others others media, the on pressure government increasing with keeping good relations with the state has been been has state the with relations keeping good with the public opinion was already informed about the the about informed already was opinion public the the discharge of names critical of government policies policies government of critical names of discharge the perceived some While issue. the on discussions the fighter jets in the Uludere / Roboski village of the the of village /Roboski Uludere in the jets fighter few other journalists and columnists and journalists other few

Among these were Ece Temelkuran, Nuray Mert and Ruşen Ruşen and Mert Nuray Temelkuran, Ece were these Among Çakır. 71 further elevated -

51 52 The practice of accreditation could also be regarded as as beregarded also could of accreditation practice The state censorship. state Arguably, it is the government’s pressure on media media on pressure Arguably, government’s is the it A recent survey shows that a very high percentage of of percentage high avery that shows survey A recent 72 Görmüş and self-censorshipand in the media. Respondents fines tax disproportionate the as such groups, government. pressure to them leads in turn which government, always worked under intense legal and political political and legal intense under worked always self-censorship on the part of media owners. Others of media Others owners. self-censorship on the part sectors of the economy that makes them susceptible susceptible them makes that economy the of sectors to Erdoğan’s plea Minister Prime The self-censorship. (Arsan, 2011). On the other hand, journalists have hand, journalists other the 2011). On (Arsan, express the fear that ‘they might be taken to court for court to taken be might ‘they that fear the express such of instance is another economy- the de-stabilise coverage press negative their for columnists dismiss of weekly Nokta of the government’s fiscal policies –on the grounds grounds the –on policies fiscal government’s the of pressure from the government and media patrons patrons media and government the from pressure pointed out that the discharge of dissident journalists journalists dissident of discharge the that out pointed pressure in Turkey. As seasoned journalist Alper Alper in Turkey. journalist pressure seasoned As However, 2010). (Duran, today,pressure past, in the as media to keep owners under control or otherwise journalists in Turkey is censorship there that journalists believe journalists to refrain from negative coverage of the the of coverage negative from refrain to journalists is an established phenomenon in Turkey,is established an criticizing it is the involvement of the media patrons in other in other patrons media the of involvement is the it such causes that Group Media Doğan the on imposed the content of their articles’ and feel intimidated by by intimidated feel and articles’ their of content the that their distorted portrayals would serve to to serve would portrayals distorted their that media popular when only issue the of coverage the to such pressure and financially reliant on the the on reliant financially and pressure such to figures are targeted. targeted. are figures

Alper Görmüş prepared a series on editorial independence independence editorial on aseries prepared Görmüş Alper alper-gormus/makale-lafla-editoryal-bagimsizlik-gemisi- yurumez-1.htm (date accessed 11 November 2011). November 11 accessed (date yurumez-1.htm in the media in Turkey including debates among among debates Turkey in including media the in journalists. journalists. 72 reminded with respect to its owner’s closure to its reminded respect with Taraf after the initiation of a criminal case case acriminal of initiation the after , available at: http://www.taraf.com.tr/ at: , available “war”’ (Bek, 2004). The ideological polarizations and and polarizations ideological The 2004). (Bek, “war”’ ‘privileged’ economic and political position afforded to ‘privileged’ position afforded economic political and Akit The tabloidization of news and violations of profes of violations and news of tabloidization The The practice of accreditation, namely the restriction of of restriction the namely accreditation, of practice The Afghanistan ( 74 73 Information of the Office of the Prime Ministry also also Ministry Prime the of Office the of Information 5.2 5.2 Ülke TV and TV 7, TV, Kanaltürk TV, Kanal Bugün and journalists’ associations prevent them from associations journalists’ and at military courts, military at also constitutes firsthand censorship. firsthand Indeed, constitutes the also access to official press meetings to select media media select to meetings press official to access sional rules of ethics through inconsistent and even even and inconsistent through ethics of rules sional ship results not from government pressure but from from but pressure government from not ship results denied accreditation by the military to cover the denied by the military accreditation of ‘the industry’s fierce competition in the ratings ratings in the competition fierce industry’s ‘the of has faced about 300 criminal cases cases criminal 300 about faced has Taraf daily constitutes a form of accreditation. In many countries, countries, In many accreditation. of aform constitutes and Press of General Directorate the by card press of of July 2011. July of organs and journalists reporting on sensitive political on sensitive reporting political journalists organs and media against launched cases hand, criminal other the On incomes. high and careers their risk to editors organs, could also be regarded as state censorship. censorship. state as regarded be also could organs, Taraf, Zaman, Bugün, Yeni recently,the Most Bugün, Taraf, Zaman, dailies political divisions within and among various media media various among and within divisions political launched against its owner, editors and journalists as as journalists owner, and its editors against launched issues not only cause the media to censor itself, but but itself, censor to media the cause only not issues trades unions, trades professional and associations. associations, by industry this is process undertaken television channels Samanyolutelevision channels TV, Samanyolu Haber the unwillingness of media executives, columnists and and columnists executives, media of unwillingness the self-censor Görmüş, to According media. the by them fictitious news in the Turkish media are the outcomes Turkish in the news outcomes the are media fictitious funeral ceremony for 12 soldiers who had died in died had who soldiers for 12 ceremony funeral

Interview with Markar Esayan,Vice Chief Editor of daily daily of Editor Chief Esayan,Vice Markar with Interview Nokta of closure the to leading incidents the on more For , by Ceren Sözeri, Istanbul, 12/07/2011. Istanbul, Sözeri, Ceren ,by Taraf see Elmas and Kurban, 47- 48. 47- Kurban, and Elmas see and Birgün and M regulation edia ethics self and 74

Agos and the the and Cihan agency news , the 73 , 2012). The selective dissemination dissemination selective , 2012). The journalists are afraid to lose the the lose to afraid are journalists - were were - , - Responsibilities and Rights of Declaration 1998 The The first print news ombudsman of Turkey of ombudsman news print was first The 2011 to keep Oktay Ekşi as its chairman. What has has What chairman. its as Ekşi Oktay keep to 2011 1986, is supported by media owners as well. It well. as owners media by is supported 1986, The ideological polarizations and political political and polarizations ideological The January of the same year. Currently, the Press Council ‘accounts to very few few very to ‘accounts Currently, Council Press the group of journalists who parted their way with the the way with their parted who journalists of group amended in 2003. From the independence the outset, inamended 2003. among the media community’ (Zlatev, 2011: 36). Most Most 36). 2011: (Zlatev, community’ media the among self-regulation. The Press Council The self-regulation. ( source on ethical codes for journalism. Recently, for journalism. a codes ethical on source self-regulation. self-regulation. (official news agency of Turkey) of agency news the from (official withdrew ( ( developed its owncharter, recentlydeveloped its most which was of rules develop to efforts in collaborative engaging developed by the Journalists Association of Turkey of Association Journalists the by developed during a three-day Media Ethics Workshop held in held Workshop Ethics Media during athree-day of this body from the state and official ideology has has ideology official and state the from thisbody of council following a in vote of confidence November dismissed following his refusal to bow down to the the to down bow to his refusal following dismissed developed was which for journalists, ethics of code critical piece about the fabrication of facts in the in the facts of fabrication the about piece critical was ombudsman the when in a‘car crash’ ended divisions within prevent the media collaborative efforts to develop rules of develop to rules collaborative efforts Press Council established the Media Association Association Media the established Council Press recently, a number of key representatives including including recently, key representatives of anumber respect significant enjoy not does and newspapers profession. the of members by contested highly been made Ekşi’s endorsement controversial was the fact fact the was controversial Ekşi’s endorsement made management’s pressure to refrain from publishing a from refrain to pressure management’s initiated in 1999 by the daily Milliyet daily the by in 1999 initiated which was established by a group of journalists in journalists of agroup by established was which those from TRT and the Anatolian News Agency Agency News Anatolian the and TRT from those the general elections as an MP candidate. candidate. MP an as elections general the in run to thispost from resigned recently had he that the media. In 2011, the association announced a new anew announced association the In 2011, media. the Medya Derneği Medya Türkiye Gazeteciler Cemiyeti Gazeteciler Türkiye ) to support and raise the standards of of standards the raise and support ) to ) is the most referred referred most ) is the Basın Konseyi Basın . The initiative initiative . The ), ), ‘internet needs freedom, not press cards’ campaign, campaign, cards’ press not freedom, needs ‘internet The new technologies offer new opportunities to to opportunities new offer technologies new The The government’s recent attempts to extend the Press Press the extend to attempts recent government’s The Alternative Informatics Association launched the the launched Association Informatics Alternative as the EU Media Fund and the Swedish International Swedish the International Fund and EU Media the as access alternative sources of information beyond the the beyond information of sources alternative access seen as a potentially important monitoring force for force monitoring important apotentially as seen ombudsmen monitor who(self) the compliance of censorship and control of the media (Alternatif Bilişim Bilişim (Alternatif media the of control and censorship of attempt an as initiative government’s the criticizing The press. the of freedom regarding concerns media. mainstream the or agencies news from content ‘copy-paste’ online release news media outlets however, examples, the of many successful other of ahandful and BİA Besides exchange programs. organizes conferences, forums international and examples of suchexamples sources is the Independent Commu RTÜK introduced a voluntary ombudsman mechanism mechanism ombudsman voluntary a introduced RTÜK Law to the online media and to issue press cards for cards press issue to and media online the to Law Derneği, 2011). Derneği, journalism; peace on handbooks publishes NGOs; (SIDA), Agency gives BİA Cooperation Development men’s mandate. While the ombudsman institution is institution ombudsman the men’s While mandate. broadcasts radio programs for the local media; media; local for the programs radio broadcasts media promoting freedom and independent journal- ( Network nication mainstream media. One of the most significant significant most the of One media. mainstream ( newspapers Turkish Currently, three 96). (Baydar, 2011: newspaper journalists working for online media raised serious serious raised media for online working journalists ism in Turkey. Funded by European institutions such website. RTÜK’s on is listed information contact whose which does not tolerate criticism. In September 2006, 2006, In September criticism. tolerate not does which was established in 1997 for monitoring and covering covering and for monitoring in 1997 established was television channels havetelevision channels ‘audience representatives,’ ombuds the from exempt are editions website the However, ethics. journalistic of codes with paper their the media, many doubt its effectiveness in aculture effectiveness its doubt many media, the training to journalists, communication students and and students communication journalists, to training for broadcasters. Currently, 34 national and local local and Currently, national 34 for broadcasters. Sabah Bağımsız İletişim Ağı- BİA Ağı- İletişim Bağımsız , Star and Milliyet and ) have active ) have active ), which ), which - -

53 54 The vulnerable position vulnerable vis-à-visThe of journalists their patrons horizontal solidarity in the solidarity media. horizontal or the state is at theor same time the state of of the result absence The experience of Ahmet Şık, who was arrested as part of of part as arrested was Şık, who Ahmet of experience The It cannot be denied that the vulnerable position of of position vulnerable the that denied be It cannot 5.3 attended a workshop organized as part of this research is thisresearch of part as organized aworkshop attended hire to not companies media among agreement’ activities cannot find a job in the sector. Journalists lack lack sector. Journalists in the ajob find cannot activities their employers out about find unionizedas employees, solidarity in the media. At the beginning of the 1990s, the the 1990s, the of beginning At the media. in the solidarity horizontal of absence the of result the time same (Söylemez, 2011) working in media groups that had had that groups in media 2011) working (Söylemez, which 2001, of crisis financial The dismissals. unlawful unioniza to obstacles the on Commenting 2000). (Tılıç, one of the most well known examples of thisphenom of examples known well most the of one effective strategies to combat wage exploitation and and exploitation wage combat to strategies effective under and provisionsemployed security of social without However, despite the special rights granted to journal to granted rights However, special the despite since1952. Turkish in the Profession Industry Media Employee-Employer Relations in the Journalism of ‘212’ because (commonly as no. 5953 known Law by regulated have media in been the relations Labour bated these fears. Few dare to bring a lawsuit against against alawsuit bring to dare Few fears. these bated resulted in the dismissal of about 5,000 journalists journalists 5,000 about of dismissal in the resulted union their to due dismissed were who members jobs their and union memberships labour their between achoice make to journalists forced owners media new number of amendments) on the Regulation of the the of Regulation the on amendments) of number journalists others have others is fired journalists widely commented on. a‘gentlemen’s of existence sector. The in the job journalists vis-à-vis their patrons or the state is at the isthe at state the or patrons their vis-à-vis journalists investments in the banking sector, has further exacer further sector, banking has in the investments have been thislaw, by journalists years for long ists the Ergenekon cases a couple of months after he he after months of acouple Ergenekon cases the their former employers for fear of not being able to find a find to able being not of for fear employers former their they pressure them to quit the union. He added that their their that added union. He quit the to them pressure they soon as that stated union representative tion, alabour no. 5953. Law the of instead Law Labour the J T ournalists W he C orking

onditions of - - - - Turkey ( Turkey Agency (AA) which the head of Turkish Journalists Union Union Turkish of head the (AA) which Journalists Agency According to the data of Social Security Institution of of Institution Security Social of data the to According 75 Security, the Turkish Journalists Union has 4,550 4,550 has Union Turkish the Security, Journalists Conducting research on labour relations in the Turkish in the relations labour on research Conducting after the recent non-unionization process in Anadolu in Anadolu process non-unionization recent the after and media companies are reluctant to pursue a pursue to reluctant are companies media and sector is 28.9 per cent. However, cent. is 28.9 saythat per to is hard it sector strikes at the daily Sabah and ATV television station station ATV television and Sabah daily the at strikes seniority of less than five years. five than less of seniority scarcity and inaccessibility of data. Research conduct Research of data. inaccessibility and scarcity (Cinmen 2011, Ergün, 2011; and Tılıç and (Cinmen Ergün, 2011; 2011). Today, 2011, accord ed in the strike were dismissed from their jobs and the the and jobs their from dismissed were strike in the ed participat who journalists ten the of Nine solidarity. of employers had told him to quit the union and threatened threatened union and him quit the to told had employers His time. for along sector in the job find not could belonging Day anewspaper -from Freedom Press World the -on having in 2005 dismissed being After enon. of the employees in the media sector have an average have average an sector media in the employees the of ed for this report shows that a very high number of of number high avery that shows for thisreport ed protested with a hunger strike (BİA, 2012a). (BİA, ahunger with strike protested be said that unionisation rate decreased further in 2012, in 2012, further decreased rate unionisation that said be (Tulgar, Moreover, active are can it 2006). memberships journalism in the unionization of rate the and members; resulting in high employee turnover rates in the sector; sector; in the rates turnover employee in high resulting benefits; security social lack employees media endeavour, to only is adifficult not owing sector media last one subsequently resigned to save his indemnity save his to indemnity resigned subsequently one last job elsewhere. Where journalists do go to court, cases cases go do court, to journalists Where elsewhere. job ing to the data of the Ministry of Labour and Social Social and Labour of Ministry the of data ing the to journalists are forced to frequently change jobs, frequently to forced are journalists these numbers are accurate since as not all of these these of all not as since accurate are numbers these take too long: ‘I file a case, it ends in six years!’ Recent Recent in six ends years!’ it acase, file long: ‘I too take a find not would and dismissed be would he not, if that, Şık for his union activities, group media Doğan the to failed due to suppressions of the employer and also lack lack also and employer the of suppressions to due failed transparent policy when it comes to labour relations. relations. labour to comes it when policy transparent the also but practices, employment of informality the

The data derived from SGK according to classifications classifications to according SGK from derived data The of economic activities in the EU countries. EU the in activities economic of Générale des Activités Economiques dans les Communautés Communautés les dans Economiques Activités des Générale Européennes), the system used for statistical classification classification statistical for used system the Européennes), included the media sector in the NACE (Nomenclature (Nomenclature NACE the in sector media the included Sosyal Güvenlik Kurumu- SGK Kurumu- Güvenlik Sosyal 75

), a large majority majority ), alarge - - - 40. In rare occasions, the government inspects inspects government the occasions, In rare 40. The sector-based findings of the 2009 Household Household 2009 the of findings sector-based The Source: TURKSTAT Household Labour Force Surveys (2009) Surveys Force Labour Household TURKSTAT Source: 77 76 groups in Turkey is five years. This drops down to one one to in down Turkey drops This groups years. is five average seniority of employees working in large media media in large working employees of seniority average social security insurance, as in the case of the inspec the of case in the as insurance, security social (TURKSTAT) confirm SGK data. SGK confirm (TURKSTAT) union activities- to be an effective mechanism, effective an be to union activities- employers who arbitrarily dismiss journalists for their their for journalists dismiss arbitrarily who employers of average for an work employees informal the of cent year for employees working without social security security social without working for employees year Labour Force Survey of Turkish Statistical Institute Institute Turkish of Statistical Survey Force Labour media company –in addition to the legal protection of of protection legal the to addition –in company media every to inspections regular find representatives media in the employed formally Journalists benefits. whether mediawhether companies hire employees without per 70 while aweek, hours 50 of average for an work the right to association and the penalization of of penalization the and association to right the union While in 2010. Group Media Doğan the of tion Chart 1:BreakdownofWagesinMediaGroups

Labour union representative, minutes of the workshop on on workshop the of minutes representative, union Labour In an attempt to collect data on working conditions in in conditions working on data collect to attempt an In (a total of 100 surveys). 100 of (a total results from companies employing 250 or more employees employees more or 250 employing companies from results the media sector’, Ankara, 18/12/2010. Ankara, sector’, media the of future the and problems resources ‘Human of topic the large media groups in Turkey, we analyzed the survey survey the Turkey, in analyzed we groups media large

Density 10 0 4 8 6 2 kernel =epanechnikov,bandwidth 311.9892 0 76 Accordingly, the 1000 77 others others 2000 - wages TURKSTAT survey also includes data on the wages wages the on data includes also TURKSTAT survey The average monthly salary among the formally formally the among salary monthly average The 79 78 earned by employees in the media sector. The highest highest sector. The media in the employees by earned employed is 1,250 TL (521 EUR). While 25 per cent of of EUR). cent 25 per (521 While TL is 1,250 employed out that even the public broadcaster TRT is engaged in is engaged TRT broadcaster public the even that out violate the labour law. labour the violate EUR), while 25 per cent of the respondents reported reported respondents the of EUR), cent 25 per while monthly salary declared is 35 thousand TL (15 thousand (15 TL thousand thousand is 35 declared salary monthly between the employees not only disrupts relations in relations onlydisrupts not employees the between point out that the selective nature of inspections, inspections, of nature selective the that out point less than 500 TL (208 EUR), the average monthly salary (208 salary TL EUR), monthly average the 500 than less impediment to the unionization of journalists, which in which journalists, of unionization the to impediment informal employment practices. which do not target pro-government media, also also media, pro-government target not do which they work for less than 1,000 TL (418 TL EUR) month. per 1,000 than for less work they turn further deteriorates working conditions. deteriorates turn further asignificant constitutes also but workplace, the of salary for amonthly work employed informally those for this group is 560 TL (233 EUR). The wage imbalance (233 imbalance TL EUR). wage is 560 The for thisgroup

An editor, minutes of the workshop on the topic of ‘Human ‘Human of topic the on workshop the of minutes editor, An ibid. Ankara, 18/12/2010. Ankara, resources problems and the future of the media sector’, sector’, media the of future the and problems resources 3000 4000 78 Union representatives point Union representatives 79

5000

55 56 Labour exploitation is a significant source of media subsidy exploitation of media Labour source is asignificant in Turkey; that this situation executive stated amedia owners. on the for cost-cutting pressure extraordinary an creates Turkey; a media executive stated that this situation thissituation that Turkey; stated executive amedia The disproportionate representation of the media representation and disproportionate The The root cause of the poor working conditions, conditions, working poor the of cause root The Another important factor that adversely affects the the affects adversely that factor important Another According to TURKSTAT statistics on print media, the the media, print on TURKSTAT to According statistics as well as the economic structure of the sector. Media sector. Media the of structure economic the as well as are forced to live in big cities. This affects not only the the only not affects This in big cities. live to forced are stay in the sector in order to maximize their profits in profits their maximize to in order sector in the stay to want who owners, their of resistance the on solely seek to participate in labour force in the media sector sector media in force the in labour participate to seek underdeveloped nature of the local media in Turkey. media local the of nature underdeveloped unable to employ qualified journalists, and those who who those and journalists, qualified employ to unable creates an extraordinary pressure for cost-cutting on on for cost-cutting pressure extraordinary an creates in subsidy media of source is asignificant exploitation conditions survive from rational far economically under work and profit no make that enterprises extremely high compared to the rest of the country. country. the of rest the to compared high extremely are costs living where in Istanbul, mostly and cities, content they produce, resulting in an Istanbul centric centric Istanbul in an resulting produce, they content between legal regulations and their and implementation, regulations legal between for the accounts also in Istanbul professionals media private and public media enterprises are located in big located are enterprises media public and private problems in organising and the imbalanced geograph imbalanced the and in organising problems 80 increasing the quality of journalists and improving improving and journalists of quality the increasing ical distribution in the media sector is the gap gap is the sector media in the distribution ical working and living conditions of journalists is that is that journalists of conditions living and working working conditions of journalists but also the media media the also but journalists of conditions working is media Local in 2009. cent per 18 as low as were the owners. the words, labour in. In other invest they sectors other the total circulation rates of local and regional media media regional and local of rates circulation total flow of news and information. information. and news of flow

Minutes of the workshop on the topic of ‘Media and and ‘Media of topic the on workshop the of Minutes democratisation’, Istanbul, 8/10/2010. 80 These conditions make issues such as as such issues make conditions These - aspect of the media.’ the of aspect company said the following on the lack of skilled skilled of lack the on following the said company hire young, individuals inexperienced, presentable in Turkey. to media quality high effort an make They journalists in the sector: ‘Nobody wants to invest in invest to wants ‘Nobody sector: in the journalists 81 82 informal employment practices which are detrimental which detrimental are informal employment practices who are unaware of and who do not care about ethical ethical about care not do who and of unaware are who their working conditions for journalists. An editor working for a broadcasting for abroadcasting working editor An for journalists.

Minutes of the workshop on the topic of ‘Human resources resources ‘Human of topic the on workshop the of Minutes Akşam daily at journalists 2012, May of as example, For 18/12/2010. owner of the newspaper (Karaca, 2012) 2012) (Karaca, newspaper the of owner problems and the future of the media sector’, Ankara, Ankara, sector’, media the of future the and problems three months on the grounds of financial problems of the the of problems financial of grounds the on months three have been made to work without salary for more than than more for salary without work to made been have 82 81 secondary, and result in result and secondary, 6. Media Literacy and Transparency Requirements

The first research conducted on the effects of media media of effects the on conducted research first The An average adult reads 0.1 newspaper every day, every 0.1 and reads newspaper adult average An in Turkey adult average an surveys, to According 0.02 weekly and 0.1 monthly newspapers and journals. journals. and 0.1 newspapers and monthly weekly 0.02 Requirements Requirements 6 6.8 hours for housewives and 2-2.5 hours for children. for children. hours 2-2.5 and for housewives hours 6.8 S/he listens to the radio for (Sözeri 2.3 aweek radio hours the to listens S/he authority and academics during the First Media Media First during the academics and authority access rate of television (98 per cent) long per and (98 television of rate access high the of In view 2006). Güney,and RTÜK, 2011; and the Ministry of National Education. A guideline Aguideline Education. National of Ministry the and schools was extensively debated by the regulatory regulatory the by debated extensively was schools should teach these classes has been prioritized over over prioritized been has classes these teach should of communica- not by and specialists science teachers (İnceoğlu, 2007). 2007). (İnceoğlu, on children and young adults and the concentrated concentrated the and young adults and children on Kurulu on children’ but warned of the ‘possibility of the the of ‘possibility the of warned but children’ on Literacy Conference in 2005. In 2006, elective media elective In 2006, Conference in 2005. Literacy in primary education literacy for media RTÜK’s project Board of Education and Discipline ( Discipline and Education of Board media literacy is consideredthe core element formedia as literacy for pluralism, allow not does that structure market how their content or methodology should be. The The be. should methodology or content their how social by taught are classes sincethe failure project’s literacy courses started to be taught to children in the in the children to taught be to started courses literacy literacy courses on teachers and students welcomed students and on teachers courses literacy watching hours, the effects of the media particularly particularly media the of effects the hours, watching aday. hours for 2.8 is number This television watches 6. Media Literacy and Transparency the expansion of democratic culturein Turkey democratic of expansion the tion.’ The research asserts that the question of who who of question the that asserts tion.’ research The effects positive several have will ‘which initiative the for teachers was prepared in collaboration with the the with in collaboration prepared was for teachers faculties in Turkey.faculties th , 7 th and 8 and ) and academics from communication various ) academics and th grades with the cooperation of RTÜK RTÜK of cooperation the with grades Talim Terbiye Terbiye Talim ‘teachers are not aware of the difference between between difference the of aware not are ‘teachers The courses are not designed from a pedagogical apedagogical from designed not are courses The Teachers are reported to feel inadequate to teach teach to inadequate feel to Teachers reported are On the other hand, RTÜK’s approach to media literacy literacy media to hand, RTÜK’s approach other the On On the other hand, considering that media literacy is literacy media that hand, considering other the On after attending the media literacy program attest that that attest program literacy media the attending after as the authoritarian and punitive nature of state state of nature punitive and authoritarian the as social monitoring of the media. The inability and and inability The media. the of monitoring social should teach this course’ (Yazıcı, 2011). Although 2011). Although (Yazıcı, thiscourse’ teach should unwillingness of the media to regulate itself, as well well as itself, regulate to media the of unwillingness (Ajans1, 2009). (Ajans1, lack individuals 2011), these Medya, (IV. Kuvvet children ‘are seen as the “most sensitive group” prone prone group” “most sensitive the as ‘arechildren seen critical perspective on the media (Bek, 2011). (Bek, media the on perspective critical evaluation and media criticism’ (İnceoğlu, 2007). 2007). (İnceoğlu, criticism’ media and evaluation Moreover, of children the comments the media about perspective on critical media literacy education. media literacy on critical perspective is it that ground the on criticism received also has RTÜK’s director also proposed these courses should should courses these proposed also RTÜK’s director movement (Hepkon and Aydın, 2005). In recent years, Aydın, and years, 2005).In (Hepkon recent movement and a political also but education, of amatter only not regulation mobilized civil society to monitor the the monitor to society civil mobilized regulation pedagogic formation and are thus unqualified to teach teach to unqualified thus are and formation pedagogic communication of faculties of graduates by taught be and Iknow what students the Itell area. professional my is not course the of subject ‘The literacy: media ideological issue a and component opposiideological of social whose consciousness on the media need to be raised. raised. be to need media the on consciousness whose what I think about the media. A media specialist specialist Amedia media. the Ithink about what to media effect’ and portrayed as ‘vulnerable receivers’ receivers’ ‘vulnerable as portrayed and effect’ media to this education introduces a conservative rather than a than rather aconservative introduces this education there has been a growing awareness on the need for need the on awareness agrowing been has there social anew as classified istion, sometimes it fuelled by a protective mentality. In the guide books, books, guide In the mentality. aprotective by fuelled -

59 60 The inability and unwillingness of the media to regulate unwillingness regulate and inability to of the media The state regulation mobilized civil mobilized monitor regulation the to state society itself, as well as the authoritarian and punitive and theof authoritarian nature as itself, well as media’s of with ethics. codes compliance After the assassination of the Armenian journalist and and journalist Armenian the of assassination the After and recently launched a campaign for the for the acampaign launched recently and examples 10 Social Change( Social Similarly, the Sexism in Media in Sexism and discrimination in the media against LGBT indi LGBT against media the in discrimination and and religiousand grounds through media monitoring. adoption of Turkey’s first anti-hate speech law. speech Turkey’s of anti-hate adoption first End to to End named abook published and Media’ sexist crimes and hate speech in the media became a became media in the speech hate and crimes diversity and to reduce and discrimination,diversity and racism Watch Group) combats racism and discrimination based on ethnic ethnic on based discrimination and racism combats viduals. viduals. pressing issue for civil society. The Association for Association The society. for civil issue pressing in Dink 2007, hate Hrant defender rights human public discussion at a conference titled ‘For a non- ‘For titled aconference at discussion public to issue the opened group The since2006. media hate speech. For example, MEDİZ (Woman’s Media (Woman’s Media MEDİZ example, For speech. hate Variousprofessional of ethics. codes nongovernmen and principles universal media’s with compliance Hate Crimes in National Press: 10 years, years, 10 Press: National in Crimes Hate entitled report 85 84 83 86 watch initiatives in order to expand the culture of culture of the expand to in order initiatives watch tal organizations and activist groups started media media started groups activist and organizations tal

KAOS GL [LGBTT’s News Portal], available at: http:// at: available Portal], News [LGBTT’s GL KAOS Sosyal Değişim Derneği [The Association for Social Social for Association [The Derneği Değişim Sosyal at: available Group], Watch Media [Women’s MEDIZ International Hrant Dink Foundation, Media watch on on watch Media Foundation, Dink Hrant International en/index.asp accessed 27 December 2011). December 27 accessed Change], available at: http://www.nefretme.org/ at: available Change], www.kaosgl.org/category.php?id=21-0 December 2011). December hakkinda/ http://www.mediz.org/Kategori/13/1/English.aspx hate speech, available at: http://www.nefretsoylemi.org/ at: available speech, hate (date accessed 27 December 2011). December 27 accessed (date International Hrant Dink Foundation Hrant International 83 (date accessed 27 December 2011). December 27 accessed (date has been monitoring sexism in the in the sexism monitoring been has . KAOS GL . KAOS Sosyal Değişim Derneği Değişim Sosyal 84 regularly watches sexism sexism watches regularly ) (date accessed 27 27 accessed (date 85 prepared a prepared , (date , (date - 86

-

Commission, newspapers, the Foundation 24 analyzed and Discriminatory Speech in the Press the in Speech Discriminatory and Platform ( Platform European the by funded project years atwo During I am not Racist but...: Racist but...: Racist Racist not Iam titled areport published published four monthly reports and organized organized and reports four monthly published 87 workshops for journalists. The Human Rights Joint Joint Rights Human The for journalists. workshops typical examples for discrimination in the media. in the for discrimination examples typical most the of is one ‘discrimination strategy’ that denial

http://www.ihop.org.tr/index.php?option=com_content& at: available Platform], Joint Rights [Human IHOP view=article&id=351&Itemid=46 December 2011). December İnsan Hakları Ortak Platformu- İHOP Platformu- Ortak Hakları İnsan (date accessed 27 27 accessed (date , which points out out points , which ) 87

7. Conclusion

7. Conclusion The economic liberalisation of the 1980s resulted in resulted 1980s the of liberalisation economic The An analysisAn of media independence freedom of and the governments. and modernization. The attempts by a minority to to aminority by attempts The modernization. and formation state of in processes tool effective an as the Toemergence, sinceits contrary, aspiration. the assessment for acritical calls also but structure, and suppressed by state and non-state actors who who actors non-state and state by suppressed used by successive governments to consolidate their did not change this fact; the press continued to be be to continued press the change thisfact; did not establish a truly independent freewere and press establish media the era, Ottoman in late newspaper first the of ahistorical from relationships media-state of claimed to act in the name of ‘state interests,’ evident evident interests,’ ‘state of name in the act to claimed Neither has the media ever had such a claim or or aclaim such had ever media the has Neither republic, the Turkish press was used by the founders founders the by used Turkish the republic, was press and power political of atool as designed was press of analysis in Turkey an of press amatter just is not rebuffed by the punishment of dissident media. Since media. dissident punishment of the by rebuffed establishment the since outset, From the perspective. resulting in substantial change in the ownership struc ownership change in the in substantial resulting civilian or regimes power, military it be political 1950s in the democracy amultiparty to regime party journalist families to companies which also had had also which companies to families journalist ideology to the masses. With the transition to the the to transition the With masses. the to ideology in Turkey never independent been has of the state. investments in other sectors. Independent newspa - in other sectors. investments ‘unknown’ by perpe dozens assassinations in the of tasked with the mission of spreading the official official the spreading of mission the with tasked governing framework media contentthe regulatory the late 19 late the ture. The profile of media patrons changed from from changed patrons media of profile The ture. sector, media the into investors new of entry the single- from transition authoritarian an The trators. th century, have opponent journalists been - - The economic crisis of 2000-2001 caused by the the by caused 2000-2001 of crisis economic The Since the establishment of the first newspaper in late ofSince the first the establishment actors that can bargain with the government government the with bargain can that actors political as themselves see to big corporations aged second wave of structural change in the sector; the the sector; change in the structural wave of second same time,same media dependent were owners extremely independent of the state. the of independent Ottoman era, the media in Turkey has never been era,innever the media Turkeybeen Ottoman has (Mahçupyan, 2011). These corporations competed competed corporations 2011). These (Mahçupyan, collapse of private banks resulted in a new wave of wave inof anew resulted banks private of collapse concentration in the media was made possible with with possible made was media in the concentration enabled them to acquire tenders to undertake them toenabled acquire to undertake tenders which state the with relations clientelist the on industry. and At the transportation construction, established democracies. democracies. established press freedom and diversity in the media has encour has media in the diversity and freedom press media conglomerates from participating into from publicmedia participating conglomerates power through vertical and horizontal mergers. horizontal and The power through vertical of ahandful only by dominated be to started media proliferation introduced of private broadcasters the the and 1990s in the broadcasting over monopoly endingstate of The magazines. and newspapers multiple owned that companies by replaced were pers prevented these companies from performing the the performing from companies these prevented has This public. the by financed projects massive large corporations, which increased their economic corporations,which large increased inadequacy of the regulatory framework to promote promote to framework regulatory the of inadequacy well as the lack of legal barriers that would prevent prevent would that barriers legal of lack the as well with the government for profit in sectors such as as such in sectors for profit government the with watchdog function expected from the media in media the from expected function watchdog tenders in other sectors they had investments in. The in. The investments had they sectors in other tenders the inadequacy of legal barriers to cross-mergers, as as cross-mergers, to barriers legal of inadequacy the -

63 64 The outcome of developments during the last three decades decades three of developments outcome the last during The which continues to be reshaped and redesigned. and bereshaped to which continues has been an extremely complex regulatory framework, regulatory complex extremely an been has The late 1990s and early 2000s also witnessed the the witnessed also 2000s early and 1990s late The and against the military which hitherto exercised exercised hitherto which military the against and of establishment the and owner media aprincipal as to led banks bankrupt these of some owned which ates an Islamist background and the levy of an extremely extremely an of levy the and background Islamist an in Party AK of re-election the government, the against acoup plotting of accused leaders military on-duty and sector was restructured with major changes in the in the changes major with restructured was sector entire the time, This media. change in the structural ownership structure. The collapse of media conglomer collapse The ownership structure. change in the media sector. In order to align its legal legal its align to sector. In media order change in the drastically changed their positions; so much so that that so much so positions; their changed drastically close ties to the AK Party government. As a result of of aresult As government. Party AK the to ties close prior no had which companies by bought were crisis changed media-government in relations Turkey. virtually all media has become pro-government. become media all has virtually Mainstream media organs which had backed the the backed had which organs media Mainstream pro-government and pro-military lines. The polariza along divided sharply was which media, in the reflected was military the and government the between government inthe favour of shifted power of balance and radios Newspapers, bodies. regulatory high state the of emergence the outcomes: major two had military’s psychological warfare against AK Party Party AK against warfare psychological military’s radically group media Doğan the against fire tax high inpresidential general2007. and elections the With launching of the Ergenekon cases against senior retired retired senior against Ergenekon cases the of launching initiation of the EU accession process, which served as as served which process, EU accession the of initiation ideological control over the media. Initially, the conflict Initially, media. the over conflict the control ideological sector, media had in the but experience or investment the most recent and powerful trigger of structural structural of trigger powerful and recent most the this reconfiguration of the mainstream media, the the media, mainstream the of this reconfiguration financial the after state the by over taken televisions crisis The state. the to companies broadcasting their of transfer the and sector the from withdrawal their the general elections, the election of a president fromthe generalthe election elections, the up to run in the peak its reached media in the tion - - generated a need for further structural reform to cope cope to reform structural for further aneed generated activity in the laws has caused hundreds of human human of hundreds caused has laws in the activity overand inclusive of terrorism terrorist definition and and rights human of protection the towards achieved also those concerning content. In the meantime, the the meantime, In the content. concerning those also and social developments during the last three three last during the developments social and also but investors, for foreign sector attractive an undertake substantial reforms in the sphere of human human of sphere in the reforms substantial undertake undertake major reforms not only in laws and and in only laws not reforms major undertake difficult. Thanks to a series of constitutional amend constitutional of aseries to Thanks difficult. decades has been an extremely complex regulatory complex regulatory extremely an been has decades of fundamental rights and freedoms. The amorphous amorphous freedoms. and The rights of fundamental back them of most rolled substantially it 2000s, early overhaul of Turkey’s frame legal and constitutional these Dozens Union. of the to for membership criteria economy and the prospect of stability offered by the the by offered stability of prospect the and economy Eager to join the EU, having join the to to Eager Turkey founditself also EU candidacy not only rendered the media in Turkey media the rendered only not EU candidacy prosecuted on remand for lawful political activities. activities. political for lawful remand on prosecuted be to politicians and journalists activists, rights in violation provisions authoritarian retains code penal marked been also has it but limited, been progress onlyhas hand, not other the On freedom. press was progress ‘reform packages,’ some and ments measuring Turkey’s progress in fulfilling the political political Turkey’s the in fulfilling measuring progress for benchmark effective an EU with the provided ECtHR of Hundreds freedom. media and rights processes of globalization, the advancements in advancements the globalization, of processes but media, the of ownership concerning regulations redesigned, causing tremendous uncertainty forredesigned, both causing tremendous uncertainty judgments pertained to freedom of expression and and expression of freedom to pertained judgments Turkish the by executed be to state waiting judgments in later years, particularly after 2005. Turkey 2005. continues after particularly years, in later in the reforms rights human significant introduced information technology, the growth of the Turkish the of growth the technology, information in the sector. The outcome of these political, economic economic political, these of outcome sector. The in the with regressions. While the AK Party government government Party AK the While regressions. with work was evident, the change proved to be very very be to change proved the evident, was work with the rapidly changing technological developments changing thedevelopments rapidly with technological to have an extremely restrictive anti-terror law and its its and law anti-terror restrictive have extremely to an the players and the wider public. wider the and players the freedom of the press. While the need for the complete complete for the need the While press. the of freedom framework with the EU’s the with acquis framework framework, which continues to be reshaped and and reshaped be to continues which framework, , Turkey to had - - The constitution and the laws governing the media are are governing media the laws the and constitution The In an environment where the media is dominated by by is dominated media the where environment In an Virtually all journalists, of the mainstream and and mainstream the of journalists, all Virtually among the workforce and the fear of unemployment unemployment of fear the and workforce the among seemingly liberal facade is a framework where where is aframework facade liberal seemingly solidarity among the journalists. The competition competition The among the journalists. solidarity denied that the vulnerable position of the journalists journalists the of position vulnerable the that denied left space marginal The restrictions. expansive to due dissident media alike, work harsh under extremely prosecutions. criminal by harassed are and difficulties expression, freedom of the press and freedom of of freedom and press the of freedom expression, of freedom to commitment is aformal there While expression and media freedom prohibitively difficult difficult prohibitively freedom media and expression of freedom of exercise the making spirit, conservative continue to face pressure, harassment and threats threats and harassment pressure, face to continue security, social of lack wages, low very of conditions which framework legal authoritarian an of existence The difficult. proves media independent an of and maximization driven profit with corporations The powers. sanctioning extensive with equipped nationalism, statism and cultural conservatism are are conservatism cultural and statism nationalism, prevent journalists from voicing their problems even even problems voicing their from journalists prevent be It cannot jobs. their and rights their between public access to truth face significant financial financial significant face truth to access public media coveragepenalizes critical of sensitive political survival and emergence the state, the with relations it, policing rather but media for the making policy not in Turkey agencies for these is designed role principal long work hours and lack of job security. Journalists Journalists security. job of lack and hours work long information in Turkey’s this information beyond lies what laws, in face of the media owners or the political power is at power political the or owners media the of in face is restricted freedoms these of exercise for the in laws independent media organs which try to provide theindependent media organs which try issues this accentuates challenge. handful The written with an authoritarian, paternalistic and and paternalistic authoritarian, an with written who dared to join labour unions have faced and and unions have faced join labour to dared who building adversarial from refrain therefore which which perform. they successfully the supreme values looming over individual rights. rights. individual over looming values supreme the through the media. media. the through horizontal of lack the of result the time same the from their employers and often have to choose have choose to often and employers their from are which agencies, regulatory media with further As a result, the prospects for media independence and and independence for media prospects the aresult, As The handful independent media organs which try to to which try independent organs handful media The In a sector driven by corporate interests, nepotism, driveninterests, byIn corporate asector clientelist among journalists due to ideological differences make make differences ideological to due journalists among an overhaul of institutions and a radical change in aradical and institutions of overhaul an as the authoritarian and punitive nature of state state of nature punitive and authoritarian the as society and the media. On a positive note, however, note, apositive On media. the and society movement, social the ideologi strong pro-democracy struggle, where real change will only be possible with with possible be only change will real where struggle, is along in particular media the and in general society provide news coverage. critical and truthful provide the public access to truth face significant financial financial significant face truth to provide the public access unified struggle against their employers. The lack of a of lack The employers. their against struggle unified unwillingness of the media to regulate itself, as well well as itself, regulate to media the of unwillingness driven by corporate interests, nepotism, interests, clientelist driven by corporate relations, the media owners the dorelations, media not have the incentive to cal conservatism of the judiciary, the institutional institutional judiciary, the the of conservatism cal change will not be quick or easy. What awaits the the awaits What easy. or quick be not change will political TurkeyWhile significant undergone has difficulties and are harassed by prosecutions. criminal harassed are and difficulties historical weakness of trade unions in Turkey, trade of weakness high the historical have incentive not do the owners media the relations, monitoring of the media. The inability and the the and inability The media. the of monitoring mindsets. mindsets. reforms in the past decade and will continue to do so, do to continue will and decade past in the reforms discrimina combat to and codes ethical professional monitor to society civil the mobilized has regulation, level of unemployment among journalists, the high high the journalists, among unemployment of level it very difficult for media employees to engage in a to employees for media difficult very it within political parties render the government –and parties within political democracy of lack the and parliament the of weakness to provide truthful and critical news coverage. The critical and to provide truthful turnover rate in the sector and the deep divisions divisions deep the and sector in the rate turnover there is a growing awareness on the need for social for social need the on awareness is agrowing there tion and hate speech in the media. media. in the speech hate and tion and principles universal media’sthe with compliance freedom in Turkey appear extremely weak. In a sector In asector weak. in Turkey extremely freedom appear future governments– too powerful vis-à-visfuture the governments– powerful too - -

65 66 ______(2008), ‘Freedom of Information in Turkey: Information A of (2008), ‘Freedom ______Akdeniz, Y. and K. Altıparmak (2011), ‘İnternet Filtresi Filtresi (2011), ‘İnternet Y.Akdeniz, Altıparmak K. and Akdeniz, Y. (2011), ‘OSCE Report on Freedom of Expres of Y.Akdeniz, Freedom on (2011), Report ‘OSCE Ajans1 (2009), ‘İÜ, medya okur-yazarlığı öğretmeni öğretmeni okur-yazarlığı ‘İÜ, (2009), medya Ajans1 Agos (2012), ‘Akreditasyon yasağı devam ediyor’, ediyor’, devam yasağı (2012),Agos ‘Akreditasyon Türkiye’de Medya Endüstrisi /Neoliber Endüstrisi Medya Türkiye’de (2006), G. Adaklı, http://www.ajansbir.com/haber-25007---IU_me Bibliography R eferences 2003’, available at: http://www.bilgiedinmehakki. at: 2003’, available 2012) Application of the Turkish Right to Information Act Act Turkish Information the to of Right Application Zorunlu Değil ama Zorunlu’ [The Internet Filter Filter Internet [The Zorunlu’ ama Değil Zorunlu zorunlu-degil-ama-zorunlu System isn’t seemingly mandatory, but ismanda but mandatory, seemingly isn’t System States’,available participating in OSCE Internet Critical Assessment of the Implementation and Assessment Critical dya_okur_yazarligi_ogretmeni_yetistirecek.html org/doc/Turkey_FOI_2008_Report.pdf May 08 (date accessed devam-ediyor-1030.html accessed 21 December 2011) December 21 accessed 2011) November 20 accessed http://www.osce.org/fom/80723 at: [The [The İlişkileri Kontrol ve Mülkiyet Çağında alizm sion on the Internet: Study of legal provisions and and provisions legal of Study Internet: the on sion practices related to freedom of expression, related the free practices media literacy teachers] available at: at: available teachers] literacy media (date accessed 24 December 2011) December 24 (date accessed yetiştirecek’ [Istanbul University will educate educate will University [Istanbul yetiştirecek’ House) Publishing Ütopya [Acreditation continues], ban Agos biamag/ifade-ozgurlugu/131976-internet-filtresi- Relationship in the Age of Neo-liberalism] (Ankara: (Ankara: Neo-liberalism] Ageof in the Relationship Control and in Turkey /Ownership Industry Media http://www.agos.com.tr/akreditasyon-yasagi- tory] Bianet tory] flow of information and media pluralism on the the on pluralism media and information of flow , available at: http://www.bianet.org/ at: , available (date accessed 26 26 (date accessed , available at: at: , available (date (date -

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71 72 Zlatev, Ognian (2011) ‘Media Accountability Systems Systems (2011) Accountability ‘Media Ognian Zlatev, Yazıcı, A. (2011), ‘Medya dersinde dökülen dişler’ [The [The dişler’ dökülen dersinde (2011),Yazıcı, ‘Medya A. Yaşayan, O.Ö. (2011), Internet Ölçümleme Araştırması: Araştırması: O.Ö.Yaşayan, Ölçümleme (2011), Internet Self-Regulation New Media Old Dilemmas in South South in Dilemmas Old Media New Self-Regulation Gençler ya uykuda, ya online [IAB Internet Internet [IAB online ya uykuda, ya Gençler and Turkey”,and in Professional Journalism and 2011) October 10 accessed http://www.taraf.com.tr/haber/ at: available IAB Turkey online], IAB East Europe and Turkey and Europe East series (date accessed 6 December 2011) 6December (date accessed series medya-dersinde-dokulen-disler.htm (MAS) and their Applications in South East Europe Europe East in South Applications their and (MAS) nized-intolerance-against-magnificent-century- Measurement Survey: The youth The either sleep Survey: or Measurement iab-turkiye.org/files/newsletter/iab_newslet teeth broken in media literacy course], Taraf course], literacy in media broken teeth May2012) 28 (date accessed ter_01_02_2011.pdf , available at: http://www. at: , available , (Paris: UNESCO), p.17 UNESCO), , (Paris: (date , - Turkish Constitution (1982), trans. by E.Yasar, by (1982), trans. Turkish available Constitution http://www. at: no.5237,Turkish available Code Penal The Anti terror Law no.3713, available at: http://www. at: available no.3713, Law terror Anti The Internet Law no.5651, available at: http://www. at: available no.5651, Law Internet L Press Law no.5187, available at: http://en.hukuki.net/ at: no.5187, Law available Press Television and Radio of Establishment no.6112 Law aws R and 27 December 2011) December 27 at: http://www.anayasa.gen.tr/1982Constitution- accessed 27 December 2011) 27 December accessed accessed 27 December 2011) 27 December accessed 671fceba aspx?icerik_id=5a3cac1e-b6d9-4b23-bc7a-8dcd mevzuat.adalet.gov.tr/html/809.html mevzuat.adalet.gov.tr/html/27511.html EYasar.htm (date accessed 29 December 2011) December 29 (dateEYasar.htm accessed December 2011)December at: available Broadcasts, Their and Enterprises http://www.rtuk.org.tr/sayfalar/IcerikGoster. index.php?topic=26.0;wap2 tbmm.gov.tr/kanunlar/k5237.html (date accessed 27 December 2011) December 27 (date accessed egulations (date accessed 27 27 (date accessed : (date accessed (date accessed (date (date - Annexes

Annex 1. List of Interviews Conducted 02/11/2010 Zeynep Güney, Istanbul, 15/12/2010 Güney,Zeynep Istanbul, as Part of Part thisas Research Project Interview with Markar Esayan, Vice Chief Editor of of Editor Chief Vice Esayan, Markar with Interview Interview with Ferhat Boratav, News Editor of CNN of Editor Boratav, Ferhat News with Interview Press of member Cemal, Sözeri Ayşe with Interview Turk Group Director of daily Hürriyet daily of Director Group daily Taraf daily Watch and Research Committee and Advertising and Watch Committee Research and TV station, by Ceren Sözeri, Ebru İlhan, Istanbul, İlhan, Sözeri, Istanbul, Ebru Ceren by station, TV , by Ceren Sözeri, Istanbul, 12/07/2011 Sözeri, Istanbul, Ceren , by , by Ceren Sözeri and and Sözeri Ceren , by 08/12/2010 Interview with Sancak Basa, Human Resources Resources Human Basa, Sancak with Interview Interview with Uğur Şeker, General Manager of of Şeker, Uğur Manager with General Interview Istanbul, 02/02/2011 Istanbul, and foundingand Türkiye, member by of Ceren IAB Sözeri, Director of daily Hürriyet, daily of Director Dijital Büro İstanbul Büro Dijital agency advertising interactive by Ceren Sözeri, Istanbul, Istanbul, ,

75 76 ‘Human Resources Problems and the Future of the the Future of the and Problems Resources ‘Human ‘Labour Relations Working and ‘Labour Conditions in the Annex 2. List of Discussion Groups Project Organized of Part this as Research and Democratisation’, Istanbul, 8/10/2010 8/10/2010 Istanbul, Democratisation’, and - representa society civil and policymakers academics, Minutes of the discussion groups convened with with convened groups discussion the of Minutes with convened groups discussion the of Minutes Minutes of the discussion groups convened with with convened groups discussion the of Minutes 18/12/2010 Ankara, Sector’, Media Minutes of the discussion groups convened with with convened groups discussion the of Minutes 2010 21/12 Istanbul, Sector’, Media policymakers, bureaucrats, academics and represen and academics bureaucrats, policymakers, journalists and academicians on the topic of ‘Media ‘Media of topic the on academicians and journalists journalists and journalist associations on the topic of of topic the on associations journalist and journalists tatives of professional media unions on the topic of of topic the unions on media professional of tatives - 18/10/2011 Supreme Council’, Istanbul, 11/03/2011 11/03/2011 Council’,Supreme Istanbul, Television and Radio the of Authority and Structure status of legal and governance regulations’ Ankara, Ankara, regulations’ governance and legal of status of the Sector’, Istanbul, 21/04/2011 21/04/2011 Istanbul, Sector’, the of - Rela Competition and on the topic of ‘Investment sector media the of executives level high and owners media bureaucrats, convened policymakers, with Minutes of the discussion groups convened with with convened groups discussion the of Minutes with convened groups discussion the of Minutes policymakers, bureaucrats, journalists and experts on on experts and journalists bureaucrats, policymakers, the topic of ‘Media and regulatory high bodies: The The bodies: high regulatory and ‘Media of topic the Future the and Present The Sector: Media in the tions the on Legislation New ‘The of topic the on tives Annex Which 3. Media Group Owns which Companies, 2012 Companies, which Owns Company Doğan Grubu Doğan Aydın Doğan Vakfı Doğan Aydın TV-Müzik Yapım TV-Müzik Kanal D, Turner’la ortak kanallar (TNT, CNNTürk, Catroon Catroon CNNTürk, (TNT, kanallar ortak D, Turner’la Kanal TV: Oglasnik) Expressz, vRuki, Ruk (Iz Gazeteleri TME Network), YAYSAT (Doğan Dağıtım) YAYSAT (Doğan arakibulaki.com anneyiz.biz arabam.com Avrupa: TME TME siteleri Tipeez.com Teleshopping www.posao.hr www.oglasnik.hr www.mojedelo.com www.szuperallas.hu www.expressz.hu www.job.ru www.irr.ru www.auti.hr ww.nekretnine.net Smile ADSL Internet: Euro D Euro DMG International DMG International Ofset Doğan (DPC), Center Printing Doğan D&R Dergi Pazarlama Planlama Gazete: Hürriyet, Hürriyet Daily News, Radikal, Posta, Fanatik, Fanatik, Posta, Radikal, News, Daily Hürriyet Hürriyet, Gazete: Doğan Factoring Doğan Trade) (Foreign Ticaret Dış Doğan Birpa Müşteri Hizmetleri (Call Center) (Call Hizmetleri Müşteri Birpa Telekom Doğan Platform Doğan Doğan Burda Dergi, Doğan Egmont, Doğan Kitap Doğan Egmont, Doğan Dergi, Burda Doğan Doğan D-Smart, Platformu: TV TV, Dijital Kanallar:(Fix İnteraktif Kanal D Romania DRomania Kanal Hurriyetkiyasla.com Sosyal Faaliyetler hangisinegitsek.com hurriyetemlak.com hurriyetoto.com hurriyet.com.tr yenibiris.com.tr Basım: Haber Ajansı: DHA Ajansı: Haber Moda Radyo Türk, Slow Radyo, CNNTürk RadyoD, Radyo: Diğer Faaliyetler: Dağıtım Ve Perakendecilik: Dağıtım Dijital Hizmetler: Dergi-Kitap Yayıncılığı: Yayıncılığı: Dergi-Kitap Media Investments Media

: D Productions, Kanal D Home Video, DMC Video, DHome Kanal : DProductions,

Turizm: Milta Milpa Ticaret: Other Investments Other Sanayi), Doğan Organik Ürünler Organik Doğan Sanayi), Yan (Otomotiv Ditaş Halat, Çelik Sanayi: Doğan Şirketi, Limited Ticaret ve Üretim Finans: DD Konut Finansmanı, Finansmanı, Konut DD Finans: Enerji) Elektrik (Boyabat Yatırımları Elektrik Enerji:

77 78 Ciner Grubu Ciner Holding Çalık Company Doğuş Grubu Doğuş Habertürk , Bloomberg HT Habertürk TV: Turkuvaz Mobil Hizmetler Mobil Turkuvaz Romantik) Radyo Turkuvaz, (Radyo A.Ş Ticaret Avrupa ATV ATV, TV: NTV, Star TV, CNBC-E, NTV SPOR, Kral TV, e2 Kral SPOR, NTV TV, CNBC-E, Star NTV, Televizyon: NTVMSNBC, NTVSPOR.net, Oley.com, Footbo.com, Footbo.com, Oley.com, NTVSPOR.net, NTVMSNBC, Yeni Medya: A.Ş., Turkuvaz Matbaacılık Yayıncılık Sanayi ve Ticaret A.Ş. Ticaret ve Sanayi Yayıncılık Matbaacılık Turkuvaz A.Ş., Takvim Voyage, Radyo Eksen, Capital Radio Voyage, Capital RadyoEksen, Report Gazete Habertürk Gazete Yayın Holding: Ciner ( Grubu Medya Turkuvaz Gazete: Enmoda.com (dergi yayıncılığı), Habertürk Gazetecilik ve Matbaacılık, C Yapım CYapım Matbaacılık, ve Gazetecilik Habertürk yayıncılığı), (dergi NTV Tarih NTV Yayınları: NTV Habertürk Radyo, Habertürk Bloomberg HT RadyoRadyo: yayıncılığı) (dergi Dergi Gazete GD Filmcilik, Ajansı Haber Turkuvaz Ajansı: Haber A.Ş. Tanıtım ve Prodüksiyon Turkuvaz Prodüksiyon: Ticaret ve Sanayi Yayıncılık Kitapçılık Turkuvaz Yayıncılık: Kitap Radyo: Turkuvaz Televizyon ve Radyo İşletmeciliği Sanayi ve ve Sanayi İşletmeciliği Radyo ve Televizyon Turkuvaz Radyo: NTV Radyo, Kral FM, Virgin Radyo, NTV SPOR Radyo, Radyo Radyo Radyo, SPOR NTV Radyo, FM, Virgin Kral Radyo, NTV Radyo: Dijital Medya ve Mobil Hizmetler: Turkuvaz Medya Digital, Digital, Medya Turkuvaz Hizmetler: Mobil ve Medya Dijital A.Ş. Pazarlama Dağıtım Turkuvaz Dağıtım: Yayıncılık Dergi Turkuvaz Dergi: Dergi: Vogue Dergi: Media Investments Media CNBC-e Business , CNBC-e , Fotomaç National Geographic , National , , Ciner Medya Yatırımları, Ciner Gazete Dergi Dergi Gazete Ciner Yatırımları, Medya , Ciner Motor Boat &Yatching Boat , Motor National Geographic Kids Geographic , National Sabah , Sabah Avrupa , GQ Yeni Asır , Yeni Robb , Robb , Ticaret, Sanayi ve Hizmet: Park Holding, ETİ ETİ Holding, Park Hizmet: ve Sanayi Ticaret, Telekomünikasyon: Alb Telecom (BKT) Tregtare Jeans Türkmenbaşı Kompleksi, Tekstil Türkmenbaşı Tekstil, Güneydoğu Gap Tekstil: Turizm ve Hizmetler: Doğuş Turizm Grubu ( Turizm Grubu Doğuş Turizm Hizmetler: ve Yönetim Hizmetleri A.Ş. Hizmetleri Yönetim Yüce Auto, Oto-Fix, vdf Grubu, TUVTÜRK ve ve TUVTÜRK Grubu, vdf Oto-Fix, Auto, Yüce Garanti Garanti Teknoloji A.Ş Hizmetleri Yönetim Arena Giyim), Giyim), Arena İnşaat: Gap İnşaat Gap İnşaat: İstanbul ve Park Hyatt İstanbul - Maçka Palas, Palas, - Maçka İstanbul Hyatt Park ve İstanbul Doğuş İnşaat Doğuş İnşaat: Şti. Şti. Garantibank International N.V. International Garantibank Gemi, Lares Turizm Lares Gemi, Çalık Çalık Alexandria Garanti Emeklilik ve Hayat Portföy Garanti Gayrımenkul: Doğuş GYO, Doğuş Gayrımenkul Doğuş Gayrımenkul: Other Investments Other Otomotiv: Otomotiv: SA, Garantibank SA, Moscow Satış, Park Maden, Riotur Maden, Park Satış, Sistemleri Skoda, Scania, Krone ve Meiller), İştirakler ve ve İştirakler Meiller), ve Krone Scania, Skoda, HES) Park Sigorta, Park Cam, Ciner Denizcilik, Ciner Ciner Denizcilik, Ciner Cam, Park Sigorta, Park Denmar, Denizcilik, Park Hotel, Larespark Havaş, Tıp Sağlık, Park A.Ş., Taşımacılığı Hava Enerjisi Elektrik Toptan Park Üretim, Elektrik Silopi Elektrik, Park Enerji, Park Soda, Eti Teknik, Park Termik, Park Madencilik: ve Enerji Finans: Aktif Bank, Banka Kombetare Kombetare Banka Bank, Aktif Finans: Naturelgaz Kayserigaz, Bursagaz, Enerji, Çalık Enerji: Kompleksi, Tekstil Asır Altın Serdar Eğrici, Pamuk Serdar Dokuma, Balkan Kompleksi, Enerji: Enerji: LeasePlan), Lojistik Hizmetler, Üretim ( Üretim Hizmetler, Lojistik LeasePlan), Suisse, D-Auto DOD, Oto, (Doğuş Kuruluşlar SEAT, Bugatti, Lamborghini, Bentley, Porsche, Bankacılık ve Finans: Garanti Bankası, Bankası, Garanti Finans: ve Bankacılık D-Hotel Maris, Maritim Hotel Club Alantur, Alantur, Club Hotel Maritim Maris, D-Hotel D-Marin D-Marin Marinalar Grubu Doğuş Treyler Fabrikası) Treyler Doğuş Audi, Araç, Ticari Volkswagen Araç, Binek Maritim Hotel Grand Azur, Grand Hyatt Hyatt Grand Azur, Grand Hotel Maritim Müşavirlik A.Ş. Müşavirlik Meiller Doğuş Damper Fabrikası, Krone Krone Fabrikası, Damper Doğuş Meiller D-Tes Elektrik Enerjisi Toptan Satış A.Ş. Satış Toptan Enerjisi , D-Tes Elektrik Doğuş Enerji Üretim ve Tic. A.Ş. (Artvin (Artvin A.Ş. Tic. ve Üretim Enerji , Doğuş Aslancık Elektrik Üretim ve Ticaret Ltd. Ltd. Ticaret ve Üretim Elektrik , Aslancık Boyabat Elektrik Üretim ve Ticaret Ltd. Ltd. Ticaret ve Üretim Elektrik Boyabat Garanti Mortgage , Garanti Doğuş Otomotiv Ayson Sondaj ve Araştırma ve Sondaj , Ayson Garanti , Garanti Leasing , Teknik ve Mühendislik Garanti Factoring , Garanti Garanti Yatırım, Garanti , D-Gym Garanti Ödeme Ödeme , Garanti (Volkswagen (Volkswagen , Garanti Filo Filo , Garanti , Garanti Bank Bank , Garanti Garanti Filo Filo , Garanti , D-Life , , , Albayrak Grubu Albayrak Çukurova Grubu Company Fox Grubu Fox Koza İpek Koza Feza Gazetecilik Feza Zaman Romanya Televizyon: Kanaltürk, Bugün TV Bugün Kanaltürk, TV: TV: TVNET TV: STV, STV Avrupa, STV Amerika, S Haber, Mehtap TV, Ebru TV, TV, Ebru Mehtap SHaber, Amerika, STV Avrupa, STV STV, TV: Show TV, Show Max, Show Turk, Show Plus, Sky Turk360, Lig TV, Lig Turk360, Sky Plus, Show Turk, Show Max, TV, Show Show TV: Yumurcak TV, Küre TV, Hazar TV, Dünya TV TV, Dünya TV, Hazar TV, Küre Yumurcak Yapım: Eksen Yapım: gazete ve dergileri bünyesinde bulunduran şirket) bulunduran bünyesinde dergileri ve gazete İnternet: Spor Max, Türk Max Türk Max, Spor İnternet: Radyo: Radyo Kanaltürk Gazete: Bugün Gazete: Yeni Şafak Yeni Gazete: Gazete: Zaman Gazete: Gazete: Akşam Gazete: Kazakistan Kitap Yayıncılığı: Zaman Kitap Yayıncılığı: Kitap Haber, Samanyolu Radyo, FM, Dünya Burç Radyo: Cihan Ajansı: Haber Dergi: Aksiyon Dergi: FM, Radyo Lig Alem Radyo: Digital Platform: DIGITURK Platform: Digital Medya Pazarlama: Zedpaş, Mepaş Zedpaş, Pazarlama: Medya Alem Dergi: Media Investments Media Myspace.com Yenişafak.com.tr , Zaman Avusturya , Stuff Fox TV, Fox life, FX, National Geographic Channel, Baby TV, Baby Channel, Geographic National FX, Fox TV, Foxlife, , Sızıntı , Güneş , Today’s Zaman , Zaman Türkmenistan , Platin , Gonca

, FourFourTwo , Zaman Avrupa , Zaman Azerbaycan , Zaman Amerika , Autocar Zaman Bulgaristan (Turkmedya , Zaman , Turizm: Albayrak Turizm Turizm: Albayrak Trading S.A., Baytur S.A., Anadolu Anadolu S.A., Baytur S.A., Trading Baytur Lines, Geden Hizmet: ve Taşımacılık Bilyoner. Hobim, Turkkule, Inteltek, Topaz, E.T.H Atel, AG, Holding Telecommunication European Teknoloji, TURKCELL Inta KVK, Tellcom, Tower, Superonline, Kcell, Geocell, Teknoloji, Turkcell TURKCELL, Kıbrıs Kuzey TURKCELL, Telekomünikasyon: Ticaret A.Ş. (Çimsataş), Çukurova Mümesillik Mümesillik Çukurova (Çimsataş), A.Ş. Ticaret Ticaret ve İmalat Makine Çukurova A.Ş., Türk Altın Madeni, Mastra Altın Madeni) Altın Mastra Madeni, Altın Azercell, Moldcell, Life, Global Bilgi, Global Global Bilgi, Global Life, Moldcell, Azercell, A.Ş., Çukurova İnşaat Makineleri Sanayi ve ve Sanayi Makineleri İnşaat Çukurova A.Ş., İnşaat: Albayrak GYO, Albayrak İnşaat GYO, Albayrak Albayrak İnşaat: com, Life, Moldcell Life, com, İnşaat: Baytur İnşaat: Ve Tic. A.Ş, Noksel, Noksel Espana, Maysan Maysan Espana, Noksel Noksel, A.Ş, Ve Tic. Company Çukurova Kimya A.Ş, Kamplamin Ambalaj San. Ambalaj Çukurova Kimya A.Ş, Kamplamin Daussan T.A.Ş., İşletmeleri Sanayi Çukurova Other Investments Other (Yeşil Adamlar), Sayaç Okuma Sayaç Adamlar), (Yeşil Sanayi: Tümosan Traktör ve Motof Fabrikası, Fabrikası, Motof ve Traktör Tümosan Sanayi: Uluslararası Ticaret ve Taşımacılık A.Ş, Inter Inter A.Ş, Taşımacılık ve Ticaret Uluslararası Servis, Teknik KVK Millenicom, Spaceturk, Hizmet: Al-Bil Bilgi İşlem, Atık Yönetimi Yönetimi Atık İşlem, Bilgi Al-Bil Hizmet: Taşımacılığı Personel Albayrak Kiralama, Araç Albayrak Limanı, Trabzon Lojistik: Fabrikası Tekstil Entegre Ereğli Maden: Koza Altın İşletmeleri A.Ş (Ovacık (Ovacık A.Ş İşletmeleri Altın Koza Maden: Davetiye Koza Matbaa: Placements (BCP) Placements de et Commerce de Banque Finans: Atkasan Packaging, Enerji: Genel Enerji, Taq Taq Operating Taq Taq Operating Enerji, Genel Enerji: Powergeneration, Çukurova Kimya, Kimya, Çukurova Powergeneration, İhracat ve İthalat Çukurova BMC, Endüstri: Mando, Selkasan, SCA Packaging, OVA SCA OVA SCA Packaging, SCA Selkasan, Mando, A.Ş. Havacılık Spor, Çukurova Pamuk Depo, Müşavirlik, Çukurova Ziraat, Çukurova Çukurova Müşavirlik, Ziraat,

79 80 Termikel TMSF Yayıncılık A.Ş İhlas Grubu İhlas Company Hayat Görsel Görsel Hayat Dünya Grubu Dünya MNG Holding MNG Demirören Grubu Demirören Mediasa Mediasa (Sabancı) TV: TV8 TV:

Kanal 7, Kanal 7 Avrupa, Ülke TV Ülke 7Avrupa, 7, Kanal Kanal TV: TV: TGRT Haber,TV: TGRT EU, Haber TGRT TV Belgesel com.tr computerworld.com.tr Aktüel A.Ş., A.Ş., Aktüel Olay TV, Olay FM TV, Olay Olay Internet: İnternet: Dünya gazetesi Dünya Gazete: Milliyet, Vatan Milliyet, Gazete: Gazete: Türkiye Gazete: Fashion TV Türkiye, Fashion TV Magazine, ZTV Magazine, TV Fashion Türkiye, TV Fashion E-Dünya: Kanal A, Radyo A Radyo A, Kanal Yayıncılık: KTV Pazarlama: Mepa Medya A.Ş Medya Mepa Pazarlama: 7 Radyo Radyo: İhlas Reklam Ajansı Reklam İhlas Reklam: İHA Ajansı: Haber Dağıtım: Dünya Süper Dağıtım Süper Dünya Dağıtım: Dünya A.Ş., Yayıncılık Dünya A.Ş Ofset Web Süper Dünya Basım: Dergi Grubu Dergi Medya Pazarlama: TGRT Pazarlama Investments Media , makinamagazin.com kobiden.com Haber7.com, İhlas.net

, byte.com.tr Haber7Emlak , dunyastore.com , dunyagida.com.tr , pcworld.com.tr , dunyainsaat. , Taşımacılık: MNG Havayolları ve Taşımacılık Taşımacılık ve Havayolları MNG Taşımacılık: Turizm Turizm: MNG Tekstil: Demsa Group, Harvey Nichols Harvey Group, Demsa Tekstil: Yayıncılık: Beyaz İletişim A.Ş ve Nokta Nokta ve A.Ş İletişim Beyaz Yayıncılık: A.Ş., MNG Kargo MNG A.Ş., TargemA.Ş., MNG A.Ş., Tesisat MNG A.Ş., Ağır Sanayi, Parsat Piston A.Ş Piston Parsat Sanayi, Ağır İnşaat: Günal İnşaat, Ticaret ve Sanayi A.Ş., A.Ş., Sanayi ve Ticaret İnşaat, Günal İnşaat: İnşaat Grubu: Demirören İnşaat Demirören Grubu: İnşaat İhlas Armutlu Tatil Köyü, Kuzuluk Tatil Köyü, Tatil Köyü, Kuzuluk Tatil Köyü, Armutlu İhlas Grubu İnşaat İhlas İnşaat: Güneşgaz Mutfakgaz, Likidgaz, Milangaz, Grubu: Gaz Other Investments Other ve Meslek Eğitimi Kursları (İSMEK), İzmir İzmir (İSMEK), Kursları Eğitimi Meslek ve (BUSMEK), Odunpazarı Belediyesi Meslek Meslek Belediyesi Odunpazarı (BUSMEK), Uçak Bakım: MNG Technic MNG Bakım: Uçak Sanayi Grubu: Demirören Tüp A.Ş, Azerbaycan Azerbaycan A.Ş, Tüp Demirören Grubu: Sanayi Sanayi: Termikel A.Ş. Termikel Sanayi: Sağlık veTurizm: Türkiye Gazetesi Hastanesi, Hastanesi, Gazetesi veTurizm: Türkiye Sağlık Kola Kristal Bisan, Aletleri, Ev İhlas Üretim: Pazarlama Sanayi ve Ticaret A.Ş. Ticaret ve Sanayi Pazarlama A.Ş., Ticaret ve Üretimi Elektrik Derya Enerji: Kiralama Finansal MNG Factoring, MNF Finans: Kamu Eğitim Grubu: Ata Koleji Ata Grubu: Eğitim Eğitim: İhlas Koleji İhlas Eğitim: Otel Termal Kuzuluk Eğitim: İstanbul Büyükşehir Belediyesi Sanat Sanat Belediyesi Büyükşehir İstanbul Eğitim: Elektrik Medya Ltd. Şti. Ltd. Medya Elektrik Beyoğlu ve (OMEK) Kursları Edindirme Büyükşehir Bursa (İZMEB), Kursları BGT Mavi Enerji Elektrik Üretim Dağıtım Dağıtım Üretim Elektrik Enerji Mavi BGT Demirören Şirketler Grubu: Şirketler Demirören MNG Zemtaş A.Ş. Zemtaş MNG ESMAŞ MNG A.Ş., Ticaret ve İnşaat MAPA Beyaz Şirketler Grubu Şirketler Beyaz Belediyesi Semt Konakları Semt Belediyesi Kursları Eğitimi Meslek ve Sanat Belediyesi Edindirme Meslek Belediyesi Büyükşehir Madencilik: İhlas Madencilik A.Ş Madencilik İhlas Madencilik:

Yayıncılık Company Saran Group Spectrum Medya: Spectrum Power Group Power Bir Numara Numara Bir TV: Number One TV One Number TV: Seslendirme: Saran Digital Studios Süper FM, Metro Fm, Joy Fm, Joy Türk FM Türk Fm, Fm, Joy Joy FM, Metro Süper Radyo: Number 1FM Number Radyo: Radyo Pink Radyo ve Time Radyo Tatlıses, Spor, Radyo Radyo Radyo: Radyo: Power FM, Power Türk, Power XL, Radyo Fenomen Radyo XL, Power Türk, FM, Power Power Radyo: Media Investments Media Fashion One TV One , Fashion Radyo Klas , Radyo Turizm: Cedok Aircraft Aircraft Industries, Astronautics) Actera Group (Özel Fon) (Özel Group Actera International, Bell Helicopter Textron, Israel Collection W Designers, V2K Vakkorama, Vakko, Giyim: Other Investments Other Sağlık: Vita Family Vita Sağlık: (Raytheon Savunma Saran Sanayi: Savunma Enerji: Saran Enerji Saran Enerji: Entertainment Group Entertainment Mey İçki, G2M, LBT Varlık Yönetim, Mars Mars Yönetim, Varlık LBT G2M, İçki, Mey

81 82 About the authors the About Affairs (MIA) from Columbia University’s School of of School University’s Columbia from (MIA) Affairs York. She is a founding member of the Diyarbakır Insti York. Diyarbakır the She isof afounding member International and Public Affairs and a Juris Doctor (JD) (JD) Doctor aJuris and Affairs Public and International Officer at the Security Council Affairs Division of the the of Division Affairs Council Security the at Officer Center for Minority Issues in Germany. Between 1999 1999 in Germany. Between Issues for Minority Center European the at Fellow Rights Human Columbia and 2001, she worked as an Associate Political Affairs Affairs Political Associate an as sheworked 2001, and a was law. Kurban rights human European the as displacement, internal Kurdish the question, are areas Boğaziçi of Department Science Political the at University. She holds a Master’s in International in International aMaster’s She holds University. United Nations Department of Political Affairs in New in New Affairs Political of Department Nations United degree from Columbia Law School, where she was a shewas where School, Law Columbia from degree commentator in the media on Turkey’s- democratiza DİLEK KURBAN Harlan Fiske Stone scholar. Her primary research research primary Her Fiske scholar. Stone Harlan law of professor adjunct an and TESEV the at Program Democratization the of Director is the Kurban Dilek Kurban was a columnist for daily Radikal for daily acolumnist was Kurban minority rights and media freedom in Turkey, freedom media and rights well as minority publications nationally and internationally. nationallyand publications tute for Political and Social Research (DISA) in Turkey. Research Social and for Political tute tion process. She has authored academic and policy policy and academic authored She has process. tion for the weekly Armenian-Turkish weekly for the Agos and is a regular is aregular and and an editor editor an and - Turkey: A sectoral analysis report’ (TESEV, 2011). (TESEV, report’ analysis Turkey: Asectoral Galatasaray University. She received her Ph.D. her from She received University. Galatasaray Communica the at member is afaculty Sözeri Ceren CEREN SÖZERİ CEREN earned both her bachelor’s and master’s degree from from degree master’s and bachelor’s her both earned Marmara University with a thesis on ‘transnational ‘transnational on athesis with University Marmara report titled ‘The political economy of the media in media the of economy political ‘The titled report the She co-authored media. social and media new media economics, media policy, competition, diversity, are in Turkey’. areas mergers media research Her tions Department of Galatasaray University. She University. Galatasaray of Department tions - TESEV DEMOCRATIZATION Program Medıa studıes serıes - 3

Caught in the Wheels of Power: The Political, Legal and Economic Constraints on Independent Media and Freedom of the Press in Turkey Caught in the Wheels of Power Dilek Kurban - Ceren Sözeri Authors Dilek Kurban Ceren Sözeri

Bankalar Caddesi Minerva Han, No:2, Kat: 3 34420 Karaköy ‹stanbul T +90 212 292 89 03 F +90 212 292 90 46 DEMOCRATIZATION www.tesev.org.tr ISBN:978-605-5332-18-1 PROGRAM